• Journal of Arbitration Studies
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• v.30 no.1
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• pp.39-66
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• 2020

Under the doctrine of separability, if the party did not specifically challenge the validity of the arbitration clause, then it is presumed valid, and arbitrators would still have authority to adjudicate disputes within the scope of the arbitration clause. Further, the Primerica and Spahr decisions address whether a court or an arbitrator should adjudicate a claim that a contract containing an arbitration clause is void ab initio due to mental incapacity. If the arbitration agreement is separable, as was found in Primerica, then the "making" of the agreement is not at issue when the challenge is directed at the entire contract and arbitrators may exercise authority. If an arbitration provision is not separable from the underlying contract, as in Spahr, a defense of mental incapacity necessarily goes against both the entire contract and the arbitration agreement, so the "making" of the agreement to arbitrate is at issue, and the claim is for courts to decide. Although no bright line rule can be established to deal with challenges of lack of mental capacity to an arbitration agreement, the rule in Prima Paint should not be extended to this defense. Extending the rule in Prima Paint would force an individual with a mental incapacity to elect between challenging the entire contract and challenging arbitration. Accordingly, there should be a special set of rules outside of the context of Prima Paint to address the situation of status-based defenses, specifically mental capacity defenses, to contracts containing arbitration provisions.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.239-257
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• 2011

This article examines the requirements of Article 37 of the ICDR International Arbitration Rules and issues that could arise if a party petitions a U.S. Federal Court to enforce an emergency arbitrator's Article 37 decision to grant pre-arbitration provisional relief. On May 1, 2006, ICDR introduced a new procedure for the granting of emergency arbitral relief under its ICDR Rules. The procedure enables a party to apply for emergency interim relief before the appointment of an arbitrator or tribunal to adjudicate the merits of the dispute. Instead, the application for emergency relief is considered by an emergency arbitrator appointed by the ICDR. In short, the ICDR has quickly appointed emergency arbitrator and resolved a challenge to an appointment within 36 hours. In addition, the emergency decisions have been issued within just a couple of weeks. In particular, we looked at what would happen after Article 37 emergency relief is granted. Based on my examination of U.S. cases on the enforceability of interim awards and orders, We conclude that U.S. courts would enforce Article 37 interim measures, whether they are characterized by the emergency arbitrator as an interim order or award. Where the situation warrants, arbitration executives should embrace and use emergency relief procedure of ICDR Rules.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.3-28
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• 2004

The implementation of electronic transaction raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic transaction is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of governing law so jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, governing law to application concerned about electronic transaction should be prepared and the environment to keep electronic transaction secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic transaction infrastructure .

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.235-262
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• 2004

A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

• Journal of the Economic Geographical Society of Korea
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• v.22 no.2
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• pp.111-122
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• 2019

This study attempts to analyze the critical issues of globalization and present an alternative framework that places ICT in the function of development in comparative perspective. To adjudicate the controversies concerning the effect of developmental factors, it examines the determinants of global trend that leads to the comprehensive mechanism of ICT and cultural residues. The advent of the global community in cyber space requires a new balancing point by the mode of communication and culture among all societies and operation with decentralized authority. This interdependence, by providing diverse network structures and participating in cyberspace, includes the power shift from the dynamics of international relations with voluntary collaboration and brings some important implications for a global empathetic society.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.3
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• pp.807-819
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• 2021

This study aims to determine the availability of forensic accounting application factors sought by auditors' representatives of Jordanian Certified Public Accounting and auditors working in the Audit Bureau. The study identifies as well the role of these application factors in enhancing the efficiency of auditors due to the increased responsibility on them in the face of various fraud cases on the one hand, and their appearance in the courts as financial experts supporting the judiciary to adjudicate financial cases on the other hand. To achieve the objectives of the study, the researchers used the descriptive analytical method because of its suitability for the nature of the research. The population of the study consisted of 433 Jordanian certified public accountants and 520 auditors working in the Audit Bureau, from which a sample of 426 was constructed. A questionnaire was developed to collect data and the Statistical Package for Social Sciences was utilized to analyze data and test hypotheses. The study found that there is a statistical difference between the responses of the two samples of the study, and it concluded a set of recommendations, which are hoped to help legislators in strengthening and developing the forensic accounting profession in Jordan.

• Korean Journal of Cognitive Science
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• v.15 no.2
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• pp.43-53
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• 2004

The purpose of this study was to investigate the role of phonology in lexical access of bilingual processing for Korean-English bilinguals. Four experiments have been conducted in order to adjudicate the nonselective lexical access hypothesis, which argues simultaneous phonological activation of two bilingual languages, and the selective lexical access hypothesis. which argues phonological activation of only one bilingual language. The results showed that the Korean target word processing was significantly affected by the phonological manipulation of the English target word(Exp. 2). Similarly, the English target word processing showed the tendencies that it is affected by the phonological manipulation of the Korean prime word(Exp. 2). This results indicates that the phonological information of another bilingual language is automatically activated when we process one of bilingual languages, and the process of English which is the second language for most Korean, is phonologically activated.

• Annual Conference on Human and Language Technology
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• 2004.10d
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• pp.240-247
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• 2004

The purpose of this study was to investigate the role of phonology in lexical access of bilingual processing for Korean-English bilinguals. Four experiments have been conducted in order to adjudicate the nonselective lexical access hypothesis, which argues simultaneous phonological activation of two bilingual languages, and the selective lexical access hypothesis, which argues phonological activation of only one bilingual language. The results showed that the Korean target word processing was significantly affected by the phonological manipulation of the English prime word(Exp. 2). Similarly, the English target word processing showed the tendencies that it is affected by the phonological manipulation of the Korean prime word(Exp. 2). This results indicates that the phonological information of another bilingual language is automatically activated when we process one of bilingual languages, and the process of English, which is the second language for most Korean, is phonologically activated.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.85-114
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• 2022

When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.