• Title/Summary/Keyword: international cases

Search Result 2,501, Processing Time 0.027 seconds

A Study on the Recent Amendment to the Arbitration Rules of the Korean Commercial Arbitration Board (대한상사중재원(KCAB) 중재규칙의 최근 개정내용에 관한 고찰)

  • Kim, Tae-Hoon;Cha, Kyung-Ja
    • Journal of Arbitration Studies
    • /
    • v.22 no.1
    • /
    • pp.3-22
    • /
    • 2012
  • The Korean Commercial Arbitration Board ("KCAB") recently amended its 'International Arbitration Rules' and the 'Arbitration Rules', which became effective on September 1, 2011. Under the amendment, the 'Arbitration Rules' will be referred to as the 'Domestic Arbitration Rules' and in principle apply only to domestic arbitration cases. Accordingly, the amendment removed all of the provisions relating to international arbitration cases. In addition, under the amendment, the 'International Arbitration Rules' will automatically apply to all international arbitration cases unless the parties agree otherwise. The amended 'International Arbitration Rules' establish new expedited procedures for the international arbitration cases before the KCAB. The KCAB has also instituted additional changes related to international arbitration cases including reduction in the filing and administrative fees and appointment of prominent international foreign arbitrators on its panel. The remuneration for arbitrators has also increased to bring them more in line with the fees provided by other leading international arbitration institutions. While several problems remain, these most recent revisions must be seen as a step in the right direction for the KCAB.

  • PDF

The Analyzing on Application Cases of UNIDROIT Principles In International Commercial Arbitration (국제상사중재에서 UNIDROIT원칙의 적용사례 분석)

  • Hong, Sung-Kyu
    • Journal of Arbitration Studies
    • /
    • v.21 no.1
    • /
    • pp.131-155
    • /
    • 2011
  • PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

  • PDF

Four Human Cases of Diphyllobothrium nihonkaiense (Eucestoda: Diphyllobothriidae) in China with a Brief Review of Chinese Cases

  • Cai, Yu-Chun;Chen, Shao-Hong;Yamasaki, Hiroshi;Chen, Jia-Xu;Lu, Yan;Zhang, Yong-Nian;Li, Hao;Ai, Lin;Chen, Hai-Ning
    • Parasites, Hosts and Diseases
    • /
    • v.55 no.3
    • /
    • pp.319-325
    • /
    • 2017
  • We described 4 human infection cases of zoonotic fish-tapeworm, Diphyllobothrium nihonkaiense, identified with morphological and molecular characters and briefly reviewed Chinese cases in consideration of it as an emerging parasitic disease in China. The scolex and mature and gravid proglottids of some cases were seen, a rosette-shaped uterus was observed in the middle of the mature and gravid proglottids, and the diphyllobothriid eggs were yellowish-brown in color and displayed a small knob or abopercular protuberance on the opposite end of a lid-like opening. The average size of the eggs was recorded as $62-67{\times}42-45{\mu}m$. The parasitic materials gathered from 4 human cases were morphologically identified as belonging to the genera Diphyllobothrium and Adenocephalus. The phylogenetic analysis based on the nucleotide sequences of cytochrome c oxidase subunit 1 gene of the etiologic agents confirmed that the 4 cases were D. nihonkaiense infection. The finding of 4 additional D. nihonkaiense cases suggests that D. nihonkaiense might be a major causative species of human diphyllobothriasis in China. A combined morphological and molecular analysis is the main method to confirm D. nihonkaiense infection.

A Study on the Analysis of Patent Information in the Apparel Design -Focused on International Patent Classification- (의류디자인 분야의 특허정보 분석 -국제특허분류를 중심으로-)

  • 이금희
    • The Research Journal of the Costume Culture
    • /
    • v.11 no.6
    • /
    • pp.835-851
    • /
    • 2003
  • This study analyses patent information of apparel design using computer technology and researches the trend of patent application focused on International Patent Classification. In terms of trend by filling data, Patent application started first in 1974 and increased sharply in 1993 with 14 cases and increased to 25 cases in 2000. In case of Korea, they began somewhat late in 1996, but reached a similar level with the leading country in 2000. In terms of trend by applicant, Gerber Garment Technology, Inc. filed 7 cases TORAY IND INC, filed 6 cases Levi Strauss & Co. filed 4 cases, NEC HOME ELECTRONICS LTD filed 3 cases, TOYOBO CO LTD filed 3 cases. Japanese companies occupied 52% and United States's companies occupied 48%. In terms of trend by country, foreigner occupied 47% of the patents filed by United State. Japanese take up 10% of total patent of United States. Korean occupied 84% of total patent of Korea and foreigner, american occupied 16% of the patents filed by Korea. In regared to International Patent Classification, in the section level G filed 92 cases(53%). In class level, G06 marked the first place in United States, Japan, and Korea. In subclass level, G06F marksed the first place with 74 cases. G06T and A61B were regarded as the new technologies. The new technologies are representing the dimensions of garment or computer-rendered model, providing the virtual reality through the texture mapping, digital dressing room or virtual dressing, and performing or retriving display on a screen for the result of changing pattern ao dress design, The technologies of core patent are designing or producing custom manufactured item, providing or prealtering the data for pattern making and visually displaying, interactively generating or previewing of various articles.

  • PDF

A Study on the CISG Cases between China Party and HK Party (중국당사자와 홍콩당사자간의 상사분쟁상 CISG의 적용사례에 관한 연구)

  • Song, Soo Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.63
    • /
    • pp.89-110
    • /
    • 2014
  • Since the CISG came into force in 1 January 1988 in China, many cases as well as arbitral awards have been decided under the CISG during the period of about 30 years of its application in China. After the CISG entered into force and before the handovers of HK in 1997, the China courts or CIETAC applied CISG to the disputes between China party and HK party in many cases, even PRC reserved CISG article 95. On the Contrary, after the handovers of HK in 1997, the China courts or CIETAC did not apply CISG to the disputes between them in many cases with the reason that China filed an CISG article 95 declaration and HK is not a contracting unit. The matter is the China's contract law and civil law have convinced that the CISG is highly applicable as "International Practice" under the China law in appropriate circumstances, so sometimes China courts or CIETAC applied CISG based on the China law not CISG itself. As a result, some interpretation made by the China court or CIETAC might not comply with the international character of the CISG and to some extent even impaired the uniform application of the CISG. So the author expects more and more valuable cases to be reported which will be good for its further development.

  • PDF

Three Cases of Severe Female Urination Disorder Treated with HongYi Pharmacopuncture (홍의약침을 단독 시술한 중증 여성 배뇨장애환자 치험 3례)

  • Hwang, Yun-kyeong;Kim, Won-ill
    • The Journal of Internal Korean Medicine
    • /
    • v.39 no.1
    • /
    • pp.69-75
    • /
    • 2018
  • Objectives: This study was designed to report the effect of HongYi pharmacopuncture on three cases of severe female urinary disorder. Method: Patients were treated with HongYi pharmacopuncture alone for 4 weeks. The effect of treatment was assessed through scores obtained using International Prostate Symptom Score (IPSS) and International Consultation on Incontinence Modular Questionnaire-Female Lower Urinary Tract Symptoms (ICIQ-FLUTS). Result: After treatment, urinary symptoms, and the scores of IPSS and ICIQ-FLUTS were improved in all of the patients. Conclusion: HongYi pharmacopuncture shows a significant beneficial effect on female urination disorder. Further well-designed, controlled studies and more cases are needed to define the effect of HongYi pharmacopuncture.

The Improvement of Delivery System for International Sports Complex Facility (국제종합경기 시설공사 발주방법의 개선 방안)

  • Choi Yong-Ho;Lee Soo-Yong
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2005.05a
    • /
    • pp.107-112
    • /
    • 2005
  • Renovation of existing sports facilities or construction of temporary ones for international complex games requires a wide variety of hundreds of sub construction projects to be awarded at the same time but there are few precedents required regarding the study of tendering process required in such cases. As award of construction contracts to build sports facilities for various international complex games is a critical determinant of fate of international complex games in the initial phase, it is very critical that adequate construction tendering process bedetermined. This research is aimed to study tendering cases for renovation or construction of critical international sports facilities to enhance efficiency of facility construction and define most reasonable tendering approach to satisfy schedule constraints often associated with international complex games and contribute to improvement of international competitiveness of their host cities and propose a direction for further development. This study also provides inputs to subsequent sports events of comparable scale to minimize trial and error.

  • PDF

The Fair and Equitable Treatment Standards through the Arbitral Award Cases under International Investment Disputes (국제투자분쟁에서 중재사례를 통해 본 공정.공평대우의 기준)

  • Choi, Young Joo;Hwang, Ji Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.57
    • /
    • pp.61-78
    • /
    • 2013
  • The purpose of this study is to clarify the standard of fair and equitable treatment. Although most international investment treaties prescribe fair and equitable treatment that is the obligation to provide fair and equitable treatment to foreign investor, there is no clear definition and specific elements of fair and equitable treatment. Through the arbitral award cases we can find that tribunals have interpreted to include six principles; Due process & Protection from denial of justice, Good faith, Reasonableness & Nondiscrimination, Compliance with contractual obligation, Full protection and security, Transparency & Protection of the investor's legitimate expectations. This study suggest that host countries and investors focus on international trends concerning investment disputes in order to avoid future disputes. So future disputes can be prevented and prepared in advance.

  • PDF

A Study of Industrial Significance on International Arbitration (국제중재의 산업별 유의성 연구)

  • Sohn, Sung-Pyo;Kim, Kee-Hong
    • Journal of Arbitration Studies
    • /
    • v.27 no.4
    • /
    • pp.115-131
    • /
    • 2017
  • The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

Suggestions for effective policy improvement through analysis of government policies and certification acquisition cases related to international certification of railway domain products. (철도제품 국제인증관련 정부 정책 및 인증획득 사례 분석을 통한 실효적 정책 개선안에 관한 제언)

  • Choi, Yo Chul
    • Journal of the Korean Society of Systems Engineering
    • /
    • v.17 no.2
    • /
    • pp.106-113
    • /
    • 2021
  • Today, the market and customer requirements for safety-related products in the Railway industry are continuously increasing, and companies that supply these products continue to make related efforts. However, the international standard requirements for making safety-related products are high, so small and medium-sized business companies are having difficulty developing them due to problems in time and cost to achieve them. This study examined government-centered international certificate policies and cases and suggested improvement measures based on the research results. In addition to supporting international certification costs, the government needs to expand technical consulting and expert training for them to solve problems in obtaining an international certificate.