• Language and Information
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• v.9 no.2
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• pp.85-105
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• 2005

This study aims at investigating the 'verb-second' phenomena indicated in complex sentences of medieval Spanish. Especially, when the complex sentence is composed of a preposed adverbial clause and its succeeding main clause, the subject inversion is noticeable in the latter. The fundamental motive of this type of inversion is due to the 'verb-second' structure, in which a topic appears in the first position and the verb immediately after the topic. So it can be said that the subject inversion is a prerequisite for a verb to be located in the second position when the adverbial clause functions as a topic to the main clause, as is often the case with Germanic languages like German, Dutch, etc.. On the contrary, modern Spanish complex sentences do not show this phenomenon, with a strong tendency to locate a grammatical subject in the preverbal position. Therefore, medieval Spanish might be typologically closer to Germanic languages than to modern Spanish. In order to argue for this assumption, the formal and functional criteria by which the preposed adverbial clause could be defined as a topic NP will be examined across the comparition with left-dislocation structure.

• Journal of KIISE:Software and Applications
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• v.35 no.1
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• pp.50-58
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• 2008

Most of Korean sentences are complex sentences which consisted of main clause and embedded clause. These complex sentences have more than one predicate and this causes various syntactic ambiguities in syntactic analysis. These ambiguities are caused by phrase attachment problems which are occurred by the modifying scope of embedded clause. To resolve it, we decide the scope of embedded clause in the sentence and consider this clause as a unit of syntactic category. In this paper, we use sentence patterns information(SPI) and syntactic properties of Korean to decide a scope of embedded clause. First, we split the complex sentence into embedded clause and main clause by the method that embedded clause must have maximal arguments. This work is done by the SPI of the predicate in the embedded clause. And then, the role of this embedded clause is converted into a noun phrases or adverbial phrases in the main clause by the properties of Korean syntax. By this method, the structure of complex sentence is exchanged into a clause. And some phrases attachment problem, which is mainly caused by the modifying scope, is resolved easily. In this paper, we call this method clausal segmentation for embedded clause. By empirical results of parsing 1000 sentences, we found that our method decreases 88.32% of syntactic ambiguities compared to the method that doesn't use SPI and split the sentence with basic clauses.

• Korean Journal of Cognitive Science
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• v.4 no.2
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• pp.29-51
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• 1994

This paper presents a new approach to describing the meanings of English relative clauses with the theoretical framework of Conceptual Structure Theory (henceforth CST)which builds on the pionerring work of Sowa.And this paper aims at proposing some extensions to his work. CST describes the conceptual structrures of sentences with conceptual graphs(henceforth CG). which have begun to be used as an intermediate language in natural language processing and machine translation of computer.CGs are composed of concept types and conceptual relation types. They are a system of logic for semantic representation of sentences. This paper focuses on showing the differences of the CGs according to the functions of English relative clauses. English relative clauses are divided into restrictive and nonrestrictive uses.And this paper describes a restrictive clause with a CG including a expression.which derives from the viewpoint of Montague-semantics and Nom-S Analysis.This paper deals mainly with the relative clauses of double restroction as an example of restrictive relative clauses.The description of a nonrestrictive relative clause does not need any-expression, for it doesn's involve the meaning of set.And this paper links the CG of an appositive relative clause,which is a kind of nonrestrictive clauses,to the concept of the antecedent in the main clause.The description of a nonrestrictive relative clause with adverbial meaning is strated with two CGs for the main clause and the relative clause.They are linked with an appropriate intersentential conceptual relation type according to the contextual realtions between them.This paper also presents a CG of a sentential relative clause,which gives a comment on the main clause.

• International Journal of Advanced Culture Technology
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• v.8 no.4
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• pp.161-166
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• 2020

The primary aim of this paper is to analyze the resultative adjunct clause, i.e., (thus/thereby/hence) ~ing participle and provide explicit syntactic, semantic and sociolinguistic explanation on the question what causes the cause-focused causal construction with resultative (thus/thereby/hence) ~ing participle in English. What comes first is either cause or effect clause. This study explores the recent style shift of causal constructions from the effect-focused pattern to the cause-focused pattern. In this study, we argue that the increasing number of the cause-focused main clause with a resultative ~ing participle clause shows the process of the style evolution improving speech/wring style in many respects including syntactic simplification, clarification of the sentence meaning with impact on the focused clauses, and improvement of the flow of speech/writing. The style shift found in the English resultative adjunct clauses, i.e., (thus/hence/thereby) ~ing participle constructions prove to be the style evolution from syntactic, semantic and sociolinguistic point of views.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.275-295
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• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

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

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.81-112
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• 2013

This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• Cross-Cultural Studies
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• v.49
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• pp.1-32
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• 2017

This paper discusses the structural and meaning features of causative from/for V-ing constructions as complement and provides insight on their grammatical characteristics revealed from alternation between prepositions for and from in nonfinite V-ing complement clause constructions. Guided by empirical data, this paper demonstrates that there are three types of syntactic patterns classified by the main verbs in these constructions and that these three syntactic types are closely linked with the meaning. These classifications are supported by the passivizations and aspect. In addition, this paper suggests that the function of for and from followed by nonfinite V-ing clause should be treated as a preposition introducing nonfinite V-ing clauses.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.