• Journal of Arbitration Studies
• /
• v.12 no.2
• /
• pp.303-336
• /
• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• Journal of Arbitration Studies
• /
• v.17 no.3
• /
• pp.101-119
• /
• 2007

Arbitration is contractual by nature. One cannot be required to submit to arbitration any dispute which he has not agreed to so submit. As commercial transactions become increasingly complex, involving multiple parties and numerous contracts for a single transaction, however, limiting the parties who are subject to arbitration to only those who have signed a contract containing an arbitration clause would frustrate the purpose of such arbitration clause and might lead to injustice among the relevant parties. Therefore, U.S. courts have recognized a number of theories under which non-signatories may be bound to the arbitration agreement of others: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter ego; and (5) estoppel. Incorporation by reference and veil-piercing theories have already been recognized by Korean courts. Agency theory and estoppel theory are not recognizable under Korean law. However, the same or similar result may be achieved by applying the third party beneficiary theory or assumption by third party theory. Although a couple of Supreme Court cases appear to be at odds with the assumption theory, on the basis of the recent amendments to the Arbitration Act, such court precedents can be and should be reversed.

• The Transactions of the Korean Institute of Electrical Engineers P
• /
• v.51 no.4
• /
• pp.175-185
• /
• 2002

In this paper, a new fully digital current control method of UPS inverter, which is based on an internal model control, is proposed. In the proposed control system, overshoots and oscillations due to the computation time-delay are compensated by explicit incorporation of the time-delay in the current control loop transfer function. The internal model controller is adopted to a second order deadbeat reference-to-output response which means that its response reaches the reference in two sampling time including computational time-delays. That is, the average current of filter capacitor is been exactly equal to the reference current with a time lag of two sampling intervals. Therefore, this method has an essentially overshoot free reference-to-output response with a minimum possible rise time. The effectiveness of the proposed control system has been verified by the simulation and experimental respectively. From the simulation and experimental results, the proposed system is achieved the robust characteristics to the calculation time delay and parameter variation as well as very fast dynamic performance, thus it can be effectively applied to the power supply for the critical load.

• Journal of environmental and Sanitary engineering
• /
• v.14 no.1
• /
• pp.88-96
• /
• 1999

The effect of acute cadmium-neuropathy on phospholipid metabolism in rat sciatic nerve was investigated. An animal model of cadmium neuropathy was induced by feeding diet containing cadmium to Sprague-Dawley rat for two weeks. Four weeks aged Sprague-Dawley rats were divided into four groups : normal control group, 10ppm-cadmium treated group, 100ppm-cadmium treated group, 1000ppm-cadmium treated group, reference drug, myo-inositol-treated group. All rats were sacrificed at the end of two weeks. The rate of incorporation of 2-[3H]myo-inositol into polyphosphinositide was significantly decreased while the rates of incorporation into phospholipid of titratedserine, ethanolamine and choline were unchanged in sciatic nerve obtained from cadmium-treated rat. Continuously the activities of three enzymes concerned with inositol phospholiped metabolism were measured in homogenates of rat sciatic nerves. Cystidine diglyceride transferase and phophatidylinositol kinase showed significantly decreased activities while phosphatidylinositol-4-phosphate kinase did not show any significant change in activity by cadmium treatment. However these deficits of inositol phospholipid metabolism were ameliorated by myo-inositol administration and these effectiveness were more potent in lower dose cadmiumtreated rats than higher dose cadmium-treated rats. These results suggest that cadmium intoxicated peripheral nerve with perturbation of the ployphosphoinositide metabolism and alteration of the enzyme activity which concerned with myo-inositol metabolism.

• Proceedings of the Korean Society for Language and Information Conference
• /
• 2007.11a
• /
• pp.13-28
• /
• 2007

This is a speculative paper, describing a recently started effort to give a formal semantics to semantic annotation schemes. Semantic annotations are intended to capture certain semantic information in a text, which means that it only makes sense to use semantic annotations if these have a well-defined semantics. In practice, however, semantic annotation schemes are used that lack any formal semantics. In this paper we outline how existing approaches to the annotation of temporal information, semantic roles, and reference relations can be integrated in a single XML-based format and can be given a formal semantics by translating them into second-order logic. This is argued to offer an incremental aproach to the incorporation of semantic information in natural language processing that does not suffer from the problems of ambiguity and lack of robustness that are common to traditional approaches to computational semantics.

• Asian-Australasian Journal of Animal Sciences
• /
• v.16 no.1
• /
• pp.29-35
• /
• 2003

In order to find the feasibility of feeding raw or processed cotton (Gossypium) seed meal (CSM), 30 male crossbred lambs were randomly assigned to 5 dietary treatments with 6 animals each. Lambs were fed each of the isonitrogenous and isocaloric concentrate mixtures containing 30% deoiled groundnut cake (DGNC) (reference diet), 40% raw, 45 minute cooked, 1% $Ca(OH)_2$ or iron (1 part free gossypol:0.3 parts iron) treated CSM (replacing about 50% nitrogen moiety of reference concentrate mixture). The concentrate mixture was fed to meet 80% of CP requirements (NRC, 1985) along with ad libitum maize (Zea mays) hay for 180 days. Incorporation of raw or processed CSM did not affect the palatability of diets as evidenced by higher (p<0.01) or comparable overall daily intakes of DM and protein (CP and Digestible CP) per kg $W^{0.75}$ by lambs in comparison to reference group. Intakes of DE and ME increased (p<0.01) due to inclusion $Ca(OH)_2$ treated CSM in diets, while the intakes were lower (p<0.01) on iron treated CSM based diet when compared with reference diet. The intakes of DM, CP, TDN, DE and ME by reference and experimental lambs were higher than the requirements stipulated by NRC (1985). The growth rate was highest (p<0.01) in lambs fed on diets with cooked CSM followed by those fed raw or $Ca(OH)_2$ treated CSM based diets. The growth of lambs fed on iron treated CSM diets was depressed (p<0.01) in comparison to that of other experimental lambs probably due to increased iron intake (889 mg/kg DM of diet) which was much higher than the toxic levels of 500 ppm (NRC, 1980). The lambs on various diets utilized DM with similar efficiency while the utilization of energy (TDN, DE and ME) was more efficient (p<0.01) when the diets contained raw or cooked CSM in comparison to that of reference diet. The lambs fed raw and $Ca(OH)_2$ treated CSM incorporated diets utilized DCP with higher (p<0.01) efficiency than the lambs fed reference diet. The feed cost per kg weight gain was lower (p<0.01) on raw, cooked and $Ca(OH)_2$ treated CSM based diets in comparison to reference diet. Cooking of CSM for 45 minutes further reduced the feed cost of weight gain.

• Journal of Sasang Constitutional Medicine
• /
• v.24 no.3
• /
• pp.1-16
• /
• 2012

Objectives For the methodological review on the accuracy study of questionnaire for Sasang constitution diagnosis, we searched the various diagnostic accuracy study of the questionnaires for Sasang constitution. Methods We searched MEDLINE, the Cochrane Library, KISS, and DBPIA. Additionally, We hand-searched the main oriental medical journals. All articles were independently reviewed and selected by two evaluators. And selected articles were assessed by "Quality Assessment of Diagnostic Accuracy Studies Tool"(QUADAS Tool) for the methodological review. Results The twenty eight studies initially identified studies were included in the methodological review. The part of "Acceptable reference standard", "Uninterpretable results reported" and "Withdrawals explained" was very weak in the risk of bias. The part of "Representative spectrum", "Acceptable delay between tests", "Incorporation avoided", "Reference standard results blinded", "Index test results blinded" was unclear in the description. Conclusions For the further study on the accuracy study of Sasang constitution diagnosis, we have to improve the aforementioned errors. Additionally, the checklist for the description of study might be needed.

• The Transactions of the Korean Institute of Electrical Engineers C
• /
• v.55 no.8
• /
• pp.399-403
• /
• 2006

An accurate constant output voltage provided by the analog memory cell may be used by the low power oscillator to generate an accurate low frequency output signal. This accurate low frequency output signal may be used to maintain long-term timing accuracy in host devices during sleep modes of operation when an external crystal is not available to provide a clock signal. Further, incorporation of the analog memory cell in the low power oscillator is fully implementable in a 0.35um Samsung standard CMOS process. Therefore, the analog memory cell incorporated into the low power oscillator avoids the previous problems in a oscillator by providing a temperature-stable, low power consumption, size-efficient method for generating an accurate reference clock signal that can be used to support long sleep mode operation.

• Asian-Australasian Journal of Animal Sciences
• /
• v.18 no.5
• /
• pp.677-681
• /
• 2005

A study was conducted to see the effect of dietary incorporation of alkali (1.5% NaOH, w/w) processed solvent extracted karanj cake (SKC) supplemented with methionine on growth performance, humoral immune response and carcass characteristics of broiler chickens from 0 to 8 weeks of age. One hundred and twenty, day- old broiler chicks were wing banded, vaccinated against Marek' disease and distributed in a completely randomized design (CRD) into 3 groups of 40 chicks each, which was further replicated to 4 and fed on diet containing soybean meal and those of test groups were fed diets containing alkali (1.5% NaOH) treated SKC partially replacing soybean meal nitrogen of reference diet (12.5%) without or with supplementation of methionine (0.2%). Individual body weight of chicks and replicate-wise feed intakes were recorded at weekly intervals throughout the experimental period. Feed consumption from 1 to 14, 28, 42 and 56 d of age was recorded for each replicate and feed conversion efficiency (weight gain/feed intake) for the respective period was calculated. Mortality was monitored on daily basis. On 28$^{th}$ day of experimental feeding, two birds of each replicate in each dietary group (8 birds/diet) were inoculated with 0.1 ml of a 1.0% suspension of sheep red blood cells (SRBC) and the antibody titre (log 2) was measured after 5 days by the microtitre haemmagglutination procedure. After 42 days of experimental feeding, a retention study of 4 days (43-47 d) duration was conducted on all birds to determine the retention of various nutrients such as DM, N, Ca, P and GE. On 43$^{rd}$ day of experimental feeding, one representative bird from each replicate of a dietary treatment (4/dietary group) was sacrificed, after fasting for two hours with free access to water, through cervical dislocation to observe the weight of dressed carcass, primal cuts (breast, thigh, drumstick, back, neck and wing), giblet (liver, heart and gizzard), abdominal fat and digestive organs. The body weight gain of chicks fed reference diet and those fed diet incorporated with NaOH treated SKC (12.5% replacement) with or without methionine supplementation was comparable during 0 to 4 weeks of age. However, dietary incorporation of alkali processed SKC replacing 12.5% nitrogen moiety of soybean meal resulted in growth retardation, subsequently as evidenced by significantly (p<0.05) lowered body weight gain during 0 to 6 weeks of age in birds fed diet incorporated with alkali processed SKC at 6.43% without methionine as compared to those supplemented with methionine or reference diet. Dietary incorporation of alkali (1.5% NaOH) processed SKC replacing 12.5% of soybean meal nitrogen in the diet of broiler chickens had no adverse effect on feed conversion ratio during all the weeks of experimental feeding. The humoral immune response (HIR) as measured by the antibody titre in response to SRBC inoculation was comparable among all the dietary groups. No significant difference in the intake and retention of DM, N, Ca, P or GE was noted among the chicks fed reference and alkali processed SKC incorporated diets with or without methionine supplementation. None of the carcass traits varied significantly due to dietary variations, except the percent weight of liver and giblet. The percent liver weight was significantly (p<0.05) higher in the birds fed diet incorporated with alkali processed SKC as compared to that in other two groups. Thus solvent extracted karanj cake could be incorporated after alkali (1.5% NaOH, w/w) processing at an enhanced level of 6.43%, replacing 12.5% of soybean meal nitrogen, in the broiler diets up to 4 weeks of age, beyond which the observed growth depression on this diet could be alleviated by 0.2% methionine supplementation.

• Journal of Electrical Engineering and Technology
• /
• v.6 no.3
• /
• pp.293-301
• /
• 2011

This paper presents a novel theoretical method based on power analysis to obtain voltage reference values for an inverter-based compensator. This type of compensator, which is installed in parallel with the load, is usually referred to as the active filter. The proposed method is tailored to design the compensator in such a way that it can simultaneously balance the asymmetric load, as well as correct the power factor of the supply side. For clarity, a static compensator is first considered and a recursive algorithm is utilized to calculate the reactance values. The algorithm is then extended to calculate voltage reference values when the compensator is inverter based. It is evident that the compensator would be asymmetric since the load is unbalanced. The salient feature associated with the proposed method is that the circuit representation of system load is not required and that the load is recognized just by its active and reactive consumptions. Hence, the type and connection of load do not matter. The validity and performance of the new approach are analyzed via a numerical example, and the obtained results are thoroughly discussed.