• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.27-52
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• 2007

As in more than half of the litigated cases, non-conformity of the goods is alleged by the buyer and, hence, the question aries of whether the buyer has given notice within a reasonable time and is thus allowed to rely on the lack of conformity at all, differences in interpreting the meaning of "reasonable time" in Article 39(1) CISG endanger uniformity of international sales law in a core area. This uniform interpretation of the "reasonable time" in Article 39(1) CISG can, however, not be achieved by merely making recommendations to courts and arbitral tribunals that case law from other CISG jurisdictions should be considered. This can at best lead to confusing results. As you know, the determining of reasonable time is depending on the circumstances concerned with the particular case. So the term 'reasonable time' has proven too imprecise due to its flexibility without defined uniform scale to assist the practitioners in a uniform application of Art. 39(1). Therefore I suggested the factors that influenced the determining of the reasonable time. The factors currently influencing whether an Art. 39(1) notice is given within reasonable time in international practice are: any international trade usage and practices, the nature of the remedy chosen by buyer, the nature of the goods delivered and the mode of dealing with the goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.161-189
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• 2006

This paper is aiming at analyzing case law of India in relation with reasonable time to make decision whether to accept or to refuse the documents received from the presenter in credit transactions. As specified in UCP, the failure to refuse to accept the documents within a reasonable time precludes the Issuing Bank, Confirming Bank (if any) and Nominated Bank from asserting that they are discrepant. Compliance of the stipulated documents on their face with the terms and conditions of the credit shall be determined by international standard banking practice as reflected in this Articles of UCP 500. The Issuing bank is only to be held responsible for honoring the documents presented by beneficiary through the nominated banks if they are strictly in compliance with terms and conditions of the Credit. As any well experienced banker knows, however, a word-by-word, letter-by-letter correspondence between the documents and the credit terms means a practical impossibility. Thus the notion of reasonable care in conjunction with the doctrine of strict compliance mixed with International Standard Banking Practices has not played a right functional standard for checking the documents as stipulated in the credit and UCP 500. And so the rejection rate is highly estimated at approximately 50% in EU and 40 to 70% according to their geographical locations in the USA. As a result, it can possibly be inferred from this fact that the credit industry would be facing the functional failure as the international trade credit facility, if not supported with motive power as a relevant scheme in UCP 500. It is quite important to note that UCP 500 Article 13(b) which specify the time limit for the banks to notify the presenter their decision not to accept the documents within a reasonable time not to exceed seven banking days following the day of receipt of documents would be the motive engine to improve the negotiability of documents in international trade financial facility.

• Textile Coloration and Finishing
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• v.8 no.1
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• pp.26-33
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• 1996

The berberine from Amur cork tree is natural yellow dye and can be extracted more easily by water. The berberine is basic dye and was extracted at 90-95$^{\circ}C$. We have obtained the following results; 1. K/S value in the abstract of dye was increased by time-elapsing, but the reasonable time was between 90-120min. 2. The reasonable weight of Amur cork tree in the abstract of dye was between 10-20 g/L. 3. We obtained various colors in case of using mordants. ―In case of 10g/L and 20g/l, the reasonable value of mordant was 5-10%(owf). and in case of using tannic acid and $FeSO_{4}$ we could obtain high K/S value. 4. &{\lambda}_{max}& of UV spectra was shown 420nm. 5. Genarally fastness of drycleaning indicated more than grade 4. but it of perspiration was more stable in acid than alkali.

• Journal of the Korean Society of Safety
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• v.7 no.2
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• pp.5-13
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• 1992

If zero-accident movement is to be successful, the objective goal period should be surely obtainable, and much more in our country where frequency rate of injury are remarkably fluc-tuating. However In our country, as far as we know, no method to establish a reasonable zero-accident goal period is guaranteed. In thls paper, a new establishing-method of reasonable goal period for individual industry with considering recent accident trend is presented. A mathematical model for industrial accidents generation was analyzed, and a stochastic process model for the accident generation inteual was formulated. This model could tell the accident generation rate in future by understanding the accident tendency through the time-series analysis and search for the distribution of numbers of accidents and accident interval. On the basis of this, the forecasting method of goal achievement probability by the size and the establishment method of reasonable goal period were developed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.111-137
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• 2011

UCP 600 Article 14(b), providing rules for the period of the examination of documents, is a radical reorganization of UCP Article 13(b). The provision changes the period of time to a maximum of five banking days instead of reasonable time. One of the critical problems giving rise to the difficulty in interpretation and application is the question of fact that there may be two possible conflicting options in determining the time of checking documents presented. The one doctrine is fixed time(safe harbor) standard, and the other is hidden reasonableness standard. This study analyzes which option should be adopted for the optimal application standard by welfare effect methodology using consumer surplus approach and suggests that safe harbor standard should be optimal solution to the determination of period of examination of documents presented in letter of credit regime.

• Journal of information and communication convergence engineering
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• v.5 no.3
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• pp.239-244
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• 2007

In the telematics system, a reasonable path search time should be guaranteed from a great number of user's queries, even though the optimal path with minimized travel time might be continuously changed by the traffic flows. Thus, the path search method should consider traffic flows of the roads and the search time as well. However, the existing path search methods are not able to cope efficiently with the change of the traffic flows and to search rapidly paths simultaneously. This paper proposes a new path search method for fast computation. It also reflects the traffic flows efficiently. Especially, in order to simplify the computation of variable heuristic values, it employs a simplification method for estimating values of traffic-adaptable heuristics. The experiments are carried out with the $A^*$ algorithm and the proposed method in terms of the execution time, the number of node accesses and the accuracy. The results obtained from the experiments show that the method achieves very fast execution time and the reasonable accuracy as well.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2000.04a
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• pp.613-616
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• 2000

This paper considers the problem of subway crew scheduling. Crew scheduling is concerned with finding a minimum number of assignments of crews to a given timetable satisfying various restrictions. Traditionally, crew scheduling problem has been formulated as a set covering or set partitioning problem possessing exponentially many variables, but even the LP relaxation of the problem is hard to solve due to the exponential number of variables. In this paper, we propose two basic techniques that solve the problem in a reasonable time, though the optimality of the solution is not guaranteed. To reduce the number of variables, we adopt column-generation technique. We could develop an algorithm that solves column-generation problem in polynomial time. In addition, the integrality of the solution is accomplished by variable-fixing technique. Computational results show column-generation makes the problem of treatable size, and variable fixing enables us to solve LP relaxation in shorter time without a considerable increase in the optimal value. Finally, we were able to obtain an integer optimal solution of a real instance within a reasonable time.

• Quality Improvement in Health Care
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• v.2 no.2
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• pp.20-30
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• 1996

Background : Theoretically as the waiting-time of patient is estimated in queueing, many men and much money are needed. But being the estimation of patient s waiting-time very important in hospital service, so the continuous monitoring of waiting-time is inevitable. To verify that the estimation of waiting-time using parking time is economical, effective and continuous monitoring method and to develop utilizing the method, this study was done. Method : In parking confirmation office, the personnel of parking office wrote parking confirm time, chart number and whether medical examination and treatment finish or not in parking ticket. The next day the parking tickets were gathered and the above data were input. The input parking data were connected with the hospital outpatient file indexing chart number. Then the patient' s data for department, new patient or not, reservation or not, receipt time and payment time were retrieved. The group for finishing medical treatment were compared with that for not finishing in average time lag between confirmation and out-time for hospital. And In-time for hospital, receipt time, payment and out-time for hospital were also analyzed. Result : Confirming parking ticket, the group for finished medical treatment left hospital after 7 minutes. This result showed that the patient for finished medical treatment left hospital immediately. So parking time was reasonable to estimation of hospital-time was concluded. The time for medical treatment, diagnosis and test was constant for all patients and short for waiting time, Then I concluded that the parking time was reasonable for estimation patient's waiting time. Overall patient's waiting time was 113 minutes and new patient's time was 149 minutes, old patient's times was 109 minutes. Waiting time for reservation patient was 98 minutes and for non reservation patient was 122 minutes. The time from hospital arrival to payment was 50 minutes for the group of reservation patient and 69 minutes for non-reservation group. The time from payment to hospital leaving was 51 minutes and 56 minutes for non reservation group. The short time difference between reserved group and not reserved group from payment to hospital leaving time was due to bottle neck effect. Conclusion : The estimation of patient's waiting time using parking time was reasonable because the possession of car was common and the time for medical treatment was equal and the patient after treatment left hospital immediately. Using this method, timely, fast evaluation and continuous monitoring of the intervention effect were possible.