• International Journal of Computer Science & Network Security
• /
• v.23 no.7
• /
• pp.32-38
• /
• 2023

This study deals with arbitration award via modern technical means; because e-Arbitration is deemed to be one of the most important substitute means for the settlement of disputes arising from electronic transactions. This type of arbitration is characterized by fast settlement of disputes, as well as fast enforcement of awards rendered thereon. The researcher seeks to indicate the content of the award, the conditions for rendering it, and to analyze the legal provisions related to its legal basis in the Saudi Law of Arbitration. This study shows that an arbitration award, rendered via modern technical means has a number of advantages, such as fast settlement, less cost, and keeping pace with modern technology, which is an aim of Saudi Arabia Vision 2030. The study also points out certain problems facing arbitration via technical means; however, the most important of which is the insufficiency of some legal rules associated with traditional arbitration, as contained in the Saudi Law of Arbitrator, which are incompatible with or applicable to an arbitration award which is rendered via modern means.

• Korea Trade Review
• /
• v.47 no.3
• /
• pp.129-139
• /
• 2022

Ethical issues in international trade will first need to be resolved through applicable public methods. However, considering that there is a party who produced and manufactured the goods, that is, a seller, and a buyer who purchased the goods, the area of the public law is now a matter of private law. Since the CISG does not mention the term 'ethics' in the full text, an ethical consideration is needed to interpret using existing provisions. In addition, a review of the validity, explicit and implied conditions, trade usages, or established practices between the parties through the CISG shows that ethical issues between the trading parties subject to the CISG may constitute part of the sales contract. Ethical hardship in the process of implementing the contract can also be seen as a impediment in the CISG. However, the safe way for a party to avoid disputes is to explicitly insert a contract clause incorporating ethical standards in the contract or add related terms and conditions and codes of ethics.

• International Journal of Concrete Structures and Materials
• /
• v.7 no.3
• /
• pp.193-202
• /
• 2013

Geopolymer mortar compressed blocks were prepared using fly ash, ground granulated blast furnace slag, silica fume and metakaolin as binders and sand/quarry dust/pond ash as fine aggregate. Alkaline solution was used to activate the source materials for synthesizing the geopolymer mortar. Fresh mortar was used to obtain the compressed blocks. The strength development with reference to different parameters was studied. The different parameters considered were fineness of fly ash, binder components, type of fine aggregate, molarity of alkaline solution, age of specimen, fluid-to-binder ratio, binder-to-aggregate ratio, degree of saturation, etc. The compressed blocks were tested for compression at different ages. It was observed that some of the blocks attained considerable strength within 24 h under ambient conditions. The cardinal aim was to analyze the experimental data generated to formulate a phenomenological model to arrive at the combinations of the ingredients to produce geopolymer blocks to meet the strength development desired at the specified age. The strength data was analyzed within the framework of generalized Abrams' law. It was interesting to note that the law was applicable to the analysis of strength development of partially saturated compressed blocks when the degree of saturation was maintained constant. The validity of phenomenological model was examined with an independent set of experimental data. The blocks can replace the traditional masonry blocks with many advantages.

• Journal of Arbitration Studies
• /
• v.25 no.3
• /
• pp.113-133
• /
• 2015

This article reviews some recent decisions of the Supreme People's Court (SPC) of the People's Republic of China (PRC) on the recognition and enforcement of several South Korean arbitral awards. It explains the implementation of the New York Convention in the PRC and in particular the so-called Report System under the current Mainland Chinese law and judicial practice. It identifies some deficiencies in the People's Courts' approaches to the application and interpretation of the New York Convention and argues that the Mainland Chinese courts should adopt the pro-enforcement principle in the determination of the relevant issues under the New York Convention. It proposes further enhancement of the Report System and that the current categorization of 'domestic, foreign-related and foreign' in the context of arbitration agreements and arbitral awards needs to be further reviewed and clarified by the SPC. Last but not the least, it recommends some steps that South Korean parties should take to enhance the enforceability of South Korean Arbitral Awards in Mainland China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.83-103
• /
• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.105-129
• /
• 2000

INCOTERMS 2000 was not changed in its basic system but much improved in many minor aspects, reflecting the expansion of customs free zone, the spread of electronic communications and the changes of transportation practices. Among many points, following revisions are to be considered important to examine : First, the term 'delivery' is clearly defined in the preamble of each term, which is very significant since the risk is connected with the delivery in international trade. Second, the obligation of carrying out export customs formalities in FAS and import customs formalities in DEQ are imposed to seller and buyer respectively according to current trade practices. Third, since the customs formalities are no more needed among the countries of customs free zone, the phrase 'where applicable' is inserted in A.2 and B.2 of each term. Fourth, the method of delivery(for example, loaded or unloaded) became very concrete and clear in each term. Fifth, in the obligation of buyer's contracting insurance, the 'no obligation' is added even though the buyer has no insurance obligation to the seller. Finally the I.C.C. tried to make unification of the special terminologies be in accordance with those of CISG to achieve international harmony between the uniform law and uniform usages.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.43-68
• /
• 2000

Incoterms mean the ICC official rules for the interpretation of trade terms which facilitate the conduct of international trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree. Nevertheless, Incoterms has been revised successively to adapt them to contemporary commercial practice. In particularly, substantive changes in Incoterms 2000 have been made in two areas: (i) the customs clearance under FAS and DEQ; and (ii) the loading and unloading obligations under FCA. But it should be stressed that the scope of Incoterms is limited to the contract of sale and not apply to the contracts of carriage, insurance and financing. Moreover, merchants wishing to use Incoterms 2000 should clearly specify that their contract is governed by 'Incoterms 2000'. It is particularly important to note that Incoterms are not dealt with a great number of problems, such as transfer of property rights, breaches of contract and exemptions from liability. Therefore, the contracting parties should clearly agree to the applicable law related their contract of sale, like the 1980 United Nations Convention on Contracts for the International Sale of Goods.

• Journal of Communications and Networks
• /
• v.9 no.4
• /
• pp.428-437
• /
• 2007

Along with the development of network, more and more functions and services are required by users, while traditional network fails to support all of them. Although overlay is a good solution to some demands, using them in an efficient, scalable way is still a problem. This paper puts forward a framework on how to construct an efficient, scalable overlay mesh in real network. Main differences between other overlays and ours are that our overlay mesh processes some nice features including class-of-service(CoS) and traffic engineering(TE). It embeds the end-to-end optimal traffic control law which can distribute traffic in an optimal way. Then, an example is given for better understanding the framework. Particularly, besides good scalability, and failure recovery, it possesses other characteristics such as routing simplicity, self-organization, etc. In such an overlay mesh, an applicable source routing scheme called hierarchical source routing is used to transmit data packet based on UDP protocol. Finally, a guideline derived from a number of simulations is proposed on how to set various parameters in this overlay mesh, which makes the overlay more efficient.

• Journal of Institute of Control, Robotics and Systems
• /
• v.22 no.10
• /
• pp.779-787
• /
• 2016

A nonlinear control law for the quad-rotor of a low-complexity, global approximation-free from system uncertainties and external disturbances are described in this paper. The control law guarantees convergence to a small bounded error using a prescribed performance function. The stability of the proposed nonlinear control system is also proven by the Lyapunov stability theorem. The advantage of this technique is that it has a simpler form than any other nonlinear compensators and is applicable to any nonlinear systems without precise knowledge of the systems. In this paper, the proposed approach is applied to attitude/altitude control of a quad-rotor. Numerical simulations are performed to investigate the proposed nonlinear attitude control law by applying it to an uncertain quadcopter system with external disturbances.

• Journal of Industrial Convergence
• /
• v.1 no.2
• /
• pp.141-172
• /
• 2003

To enhance Social Welfare and Public Interests, government has been enforcing the policies that induce private Sector to participate in the Public Service. In general, these policies consist of the direct or indirect supporting systems, including the advantages of taxation applicable to Private Sector that takes part in Public Service. Of the various supporting systems taken by government, the privilege from the taxes is known to the most important supporting system. The representative exemple is the tax beduction of amounts donated to the not-for-profit organizations. That is to say that donations can be deductible from taxable amounts on assessing inheritance tax and gift tax. Generally much higher cumulative tax rates are applied to the laws of inheritance tax and gift tax than the other taxes in order to redistribute the social wealth and to restrain the concentration of the wealth. On the other hand, the special exemption from the taxes can be applied to not-for-profit organization according to the standards of the relevant lows and regulations, because not-for-profit organization usually performs the partial role of government in Public Service. The perpose of this study is to find the systematical support that the not-for-profit organizations can practice Public service more efficiently than government. This study approaches the subject by means of examining current taxation systems of inheritance tax law and gift tax law and developing systematic alternatives that can make inefficient parts in taxation systems more reasonable.