• Title/Summary/Keyword: 영국법

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A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

A Study on the Relation of International Arbitration and Lex Abitri under Arbitration Act 1996 (1996년 영국중재법상 국제중재와 Lex Arbitri의 관계에 관한 연구)

  • HAN, Nak-Hyun;HUR, Yun-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.49-76
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    • 2017
  • Lex arbitri, a law that regulates arbitration procedures at arbitral seat, can be viewed as an additional procedural law. In addition, the lex arbitri refers to mandatory provision imposed by each country on arbitrators in their own territory. The reason is that the lex arbitri often relates to matters of public policy of the place of arbitration. In Korea, the LMAA terms is frequently mentioned in the shipping industry in Korea, and the LMAA terms clause is often set up in the contract between Korean companies. However, the study of the UK Arbitration Act 1996, which regulates the LMAA arbitration, is not so much in Korea. On the other hand, Lex Arbitri, a corporation that regulates mediation procedures in arbitration, can be viewed as an additional procedure. There may also be procedures that must be followed compulsorily by the Arbitration Act of Arbitration. The reason is that Lex Arbitri seems to be related to the public policy of the arbitration. Therefore, the arbitration law of the country of arbitration seat may be the most important regulations in relation to the legality of the arbitration procedure. If the proceedings of the arbitration violate the Lex Arbitri, the arbitral award may be nullified. The purpose of this study is to analyze the arbitration theory, international arbitration and Lex Arbitri, focusing on the UK Arbitration Act 1996.

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A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.22 no.4
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    • pp.1-17
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    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

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Spatical Variations of Financial Devolution in Primary Schools (초등학교의 자치위임(재정)에 관한 공간적 연구)

  • 배미애
    • Journal of the Korean Geographical Society
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    • v.34 no.5
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    • pp.517-529
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    • 1999
  • 영국과 같은 서구 복지국가들은 최근 공공복지분야에서 많은 변화를 경험하고 있다. 특히 ‘신관리주의’에 근거한 ‘자치위임(devolution)’은 변화하는 복지국가의 중요한 특징 중의 하나이다. 영국에서 자치위임은 교육분야에서 가장 잘 진행되고 있다. 1988년의 교육법 개정 이후 영국의 초등학교들은 이전에 가지지 못했던 자치권을 지역관할교육청(LEA)으로부터 위임받았다. 특히 LEA로 부터의 학교재정에 관한 자치위임은 매우 중요하게 인식되고 있다. 지리적인 관점에서 이와 같은 공공복지분야에서의 변화들이 공간적으로 불균등하게 진행되고 있다는 점을 인식하는 것은 매우 중요하며 ‘자치위임’의 공간적 특성도 예외는 아니다. 본 연구를 통하여 영국 남부 사우스햄톤시의 초등학교의 자치위임은 지역적으로 매우 불균등하게 진행되고 있다는 것을 알 수 있으며 특히 이러한 불균등한 진행은 지역의 사회경제적 특성에 의해 크게 영향받고 있는 것으로 나타났다.

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The Governing Law of Arbitration Agreements Issues in International Commercial Arbitration : A Case Comment on Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (국제상사중재에서 중재합의의 준거법 결정기준 - 영국 대법원의 2021년 Kabab-Ji SAL v Kout Food Group 판결을 중심으로 -)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.3-30
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    • 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.