• 한국중재학회지:중재연구
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• 제30권1호
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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.

• 한국중재학회지:중재연구
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• 제21권1호
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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.

• 한국중재학회지:중재연구
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• 제14권1호
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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 .

• 한국중재학회지:중재연구
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• 제13권2호
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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.

• 한국경제지리학회지
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• 제22권2호
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• pp.111-122
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• 2019

국제지형에서 인터넷의 효과와 핵심쟁점을 이해하는 작업은 각국의 발전전략을 비교, 분석함으로써 연구모델을 보다 심화시킬 수 있으며, 세계화의 영향력이 날로 커지는 사이버 공간의 발전에 대한 실증적인 연구의 기초자료로서 의의를 가진다. 이에 본 연구는 국제사회의 새로운 흐름을 결정하는 요인을 진단하기 위해 기존의 핵심요소인 경제성장을 중심으로 하는 객관적인 접근에서 확장하여 정보화와 함께 사회문화적인 가치체계를 반영하는 통합적인 분석틀을 제시하고자 한다. 사이버 공간을 통한 소통방식과 각국의 문화적 토대는 글로벌 공동체의 분권화를 향한 새로운 균형점의 가능성을 내포한다. 다원화된 네트워크 구조에서 온라인 공간에 참여하는 과정은 상호의존성을 반영할 뿐만 아니라 자발적인 협력관계에 의해 기존 질서로부터 벗어나 역동적인 권력이동의 함수관계를 포함하며 글로벌 공감사회를 향한 중요한 과제를 안겨주는 것이다.

• The Journal of Asian Finance, Economics and Business
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• 제8권3호
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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.

• 인지과학
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• 제15권2호
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• pp.43-53
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• 2004

영어를 제2언어로 사용하는 한국인을 대상으로 이중언어의 어휘접근이 음운 정보와 관련하여 어떻게 일어나는지를 알아보았다. 이중언어를 처리할 매에 양 언어의 음운적 지식이 동시에 활성화된다는 비선택적 가설과 한 언어의 음운적 지식만이 활성화된다는 선택적 가설을 검증하고자하는 목적으로 2개의 실험을 실시하였다. 실험결과 한글 표적자극의 수행이(실험2) 점화자극으로 제시된 영어 단어의 음운적 조작에 따라 유의미한 영향을 받았고, 영어 표적자극을 처리할 때에는 (실험1) 점화자극으로 제시된 한글 단어의 음운적 조작에 따라 영향을 받는 경향을 발견하였다. 이는 이중언어 중 한 언어를 처리할 때에 다른 언어의 음운적 지식이 자동적으로 활성화됨을 의미하며 한국인에게 있어서 제2언어인 영어의 처리에서 음운정보가 중요한 역할을 함을 의미한다.

• 한국정보과학회 언어공학연구회:학술대회논문집(한글 및 한국어 정보처리)
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• 한국정보과학회언어공학연구회 2004년도 제16회 한글.언어.인지 한술대회
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• pp.240-247
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• 2004

영어를 제2언어로 사용하는 한국인을 대상으로 이중언어의 어휘접근이 음운 정보와 관련하여 어떻게 일어나는 지를 알아보았다. 이중언어를 처리할 때에 양 언어의 음운적 지식이 동시에 활성화된다는 비선택적 가설과 한 언어의 음운적 지식만이 활성화된다는 선택적 가설을 검증하고자하는 목적으로 2개의 실험을 실시하였다. 실험결과 한글 표적자극의 수행이(실험2) 점화자극으로 제시된 영어 단어의 음운적 조작에 따라 유의미한 영향을 받았고, 영어 표적자극을 처리할 때에는(실험1) 점화자극으로 제시된 한글 단어의 음운적 조작에 따라 영향을 받는 경향을 발견하였다. 이는 이중언어 중 한 언어를 처리할 때에 다른 언어의 음운적지식이 자동적으로 활성화됨을 의미하며 한국인에게 있어서 제2언어인 영어의 처리에서 음운정보가 중요한 역할을 함을 의미한다.

• 한국중재학회지:중재연구
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• 제14권1호
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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.

• 한국중재학회지:중재연구
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• 제32권2호
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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.