• Journal of Arbitration Studies
• /
• v.16 no.2
• /
• pp.51-88
• /
• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• The Journal of the Convergence on Culture Technology
• /
• v.8 no.1
• /
• pp.157-166
• /
• 2022

This study is a literature analysis study that analyzed program intervention research papers to understand the characteristics of lifestyle intervention programs to prevent cardiovascular disease. The final 18 papers were selected by applying search terms such as "cardio-cerebrovascular disease" and "intervention" through electronic databases such as Pubmed. As for the criteria for selecting program participants in the study, physiological criteria were mainly used, and there were many programs that mediated physical activity and eating habits. Education was the most widely used intervention type, and there were many studies that combined and applied several interventions. During the intervention period, long-term interventions averaged more than 22 weeks, and biophysical indicators were most frequently used as effect indicators for measuring the intervention effect. Through this study, it is suggested that environmental and social support is needed to develop intervention programs considering the interrelationship of various lifestyle habits and maintain healthy lifestyle habits.

• Journal of Arbitration Studies
• /
• v.32 no.2
• /
• pp.3-30
• /
• 2022

On 27 October the Supreme Court of UK handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48. The issues for the Supreme Court to decide were as follows: (1) which law governed the validity of the arbitration agreement; (2) if English law applied, whether, as a matter of English law, there was any real prospect that a court might find that KFG became a party to the arbitration agreement, and (3) whether, procedurally, the Court of Appeal was correct in giving summary judgment refusing recognition and enforcement the award, or whether there should have been a full rehearing of whether there was a valid and binding arbitration agreement for the purposes of the New York Convention and the AA 1996 (the 'procedural' issue) The decision in Kabab-Ji provides further reassuring clarity on how the governing law of the arbitration agreement is to be determined under English law where the governing law is not expressly stated in the arbitration agreement itself. The Supreme Court's reasoning is consistent with its earlier decision on the same issue, albeit in the context of enforcement pursuant to the New York Convention, rather than considering the arbitration agreement before an award is rendered. This paper presents some implications of Kabab-Ji case. Also, it seeks to provide a meaningful discussion and theories on the arbitration system in Korea.

• The Journal of the Convergence on Culture Technology
• /
• v.8 no.3
• /
• pp.175-182
• /
• 2022

The purpose of this study was to examine the effect of telephone intervention on the reduction of depression after the intervention for the elderly living alone during the COVID-19 pandemic. A one-group pretest and posttest design was used to examine changes in depression level following telephone intervention a once a week for 10 weeks. The subjects of this study were older adults aged 65 registered with 3 social welfare institutions in Wonju, and a total of 114 elderly completed a questionnaire before and after the intervention. Telephone intervention was provided by 56 nursing student volunteers, and each student was in charge of 2-3 elderly people. The depression score decreased from 6.59±3.74 before the intervention to 5.01±3.34 after the intervention (t=4.959, p<.001). Study findings suggest that telephone intervention is effective as an emotional support for the elderly living alone during the COVID-19 pandemic. Further research is needed to expand the scope of various subjects and regions, including the elderly not living alone.

• Journal of Arbitration Studies
• /
• v.18 no.3
• /
• pp.117-138
• /
• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

• Food Science and Industry
• /
• v.48 no.4
• /
• pp.11-15
• /
• 2015

• The Journal of the Convergence on Culture Technology
• /
• v.10 no.4
• /
• pp.201-207
• /
• 2024

In this study, we investigated the current status of written discourse mediation in a more general and in-depth manner, including the training completion experience and knowledge of written discourse mediation among Speech-Language Pathologists in Korea, and the Speech-Language Pathologists' perceptions of written discourse mediation. We wanted to look into the requirements. Research results were derived through a questionnaire answered by 110 Speech-Language Pathologists. As a result, although most Speech-Language Pathologists learned about written discourse intervention in the curriculum, their application of written discourse intervention in clinical settings is insufficient and they have difficulty with written discourse intervention due to lack of systematic and professional knowledge of this intervention. I could tell that I was feeling it. Looking at the status of written discourse intervention, only 46.4% of the Speech-Language Pathologists who responded in clinical settings showed that they had experience with written discourse intervention. In other words, it was analyzed that 53.6% of respondents had no experience with writing discourse mediation. As a result of Speech-Language Pathologists' perception and demand for written discourse intervention, 76.4% of SpeechLanguage Pathologists responded that they thought written discourse intervention was an important area of speech therapy. In addition, 62.8% of respondents responded that a curriculum for discourse mediation is necessary, more than 90% said that continuous research on written discourse mediation is necessary, and 89.1% thought that the development of textbooks and teaching aids was necessary.This study is significant in that it investigated the experiences and perceptions of Speech-Language Pathologists in written discourse intervention and analyzed the results in that it provided direction on how education and various processes related to written discourse intervention should be conducted.

• Journal of Arbitration Studies
• /
• v.27 no.1
• /
• pp.131-160
• /
• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

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

• The Journal of the Convergence on Culture Technology
• /
• v.8 no.6
• /
• pp.373-380
• /
• 2022

This study explored the effectiveness of virtual reality education interventions for nursing students in adult nursing practicum. This systematic review extracted intervention methods, research topics, outcome variables, and evidence synthesis of effectiveness. Seven studies were extracted from the databases of PubMed, Cochrane Library, EMBASE, and RISS. This study showed effects on knowledge, performance, attitude, critical thinking, self-efficacy, information assessment ability, problem-solving ability, self-confidence, and efficiency of nursing students. Therefore, virtual reality educational intervention contribute to enhance the competencies in adult nursing practicum.