• 무역상무연구
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• 제36권
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• pp.111-140
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• 2007

This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.3-20
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• 2011

An arbitrator is an impartial person chosen to decide the issue between parties engaged in a dispute. But the arbitrator appointed by a party or arbitration institution shall be impartial or independent and should disclose to the administrator any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. If, at any stage during the arbitration, new circumstances arise that may give rise to such doubts, the arbitrator shall promptly disclose such circumstances to the parties and to the administrator. Upon receipt of such information from an arbitrator or a party, an party must challenge any arbitrator whenever circumstances exist that give rise to justifiable doubts as to arbitrator's impartiality or independence. Under these circumstance, there were two cases declared by the Korean Supreme Court in relation to the cancellation of the arbitration award. One arbitral case was cancelled for the reason of the having been arbitral procedure without disclosure arbitrator's impartiality, and the other case was refused to cancel the ward for the reason of the having been arbitral procedure without challenge an arbitrator. There are not, however, the standard to decide what is definitely the arbitrator's impartiality or independence and the difference on qualification between arbitrator chosen by an party and neutral arbitrator in korean arbitration law and rules. Nevertheless, korean court require arbitrator to be impartial and independent and the arbitration parties to challenge arbitrator' impartiality or independence.

• 한국중재학회지:중재연구
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• 제27권1호
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• pp.37-57
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• 2017

An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.403-424
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• 2004

In the solutions of civil disputes, there are decision of a court and alternative dispute resolution. Arbitration is one of alternative dispute resolutions. The decision of a court is the compulsory settlement and the solution by citizenship between two opposing parties, but arbitration is the autonomous and voluntary settlement by a private person, that is arbitrator. Besides these points, arbitration has various features in comparison with a decision of a court. The procedure of arbitration is not open to the public and single trial system guarantees speedy solution of disputes In the procedure of arbitration, arbitrator who pass judgement is selected and appointed by the parties to an affair. And there are questions how the arbitrator to become independent from them. Because Arbitration is not agreed solution which based on the concession between opposing two parties but imposed solution which is alike decision of a court. This study illustrates the system of challenge on arbitrator to guarantee independence of arbitrators.

• Journal of Medicine and Life Science
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• 제21권3호
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• pp.102-105
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• 2024

Omental adhesions to the anterior abdominal wall are a common complication of abdominal surgery. Specific adhesions to the back of the umbilicus represent a challenge for safe laparoscopic access. In this case report, we describe a simplified two-port laparoscopic access procedure for retro-umbilical adhesiolysis. We concluded that successful adhesiolysis of retro-umbilical adhesions using the sequential Darwish and Lee-Haung points is feasible, and this procedure is a safe, minimally invasive alternative to the primary laparoscopic approach.

• Archives of Plastic Surgery
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• 제37권6호
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• pp.775-778
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• 2010

Purpose: Reconstruction of soft tissue defects with osteomyelitis in the lower third of the leg represents a challenge to plastic surgeons. Moreover, it is more arduous in multimorbid patients. One excellent option for reconstruction of these defects is to use a delayed distally based sural flap. Methods: We successfully used delayed distally based sural flap with a two-step procedure. During the first operation, radical debridement and elevation of flap were performed. The raised flap was fixed again at the donor site. The delay period ranged from seven to ten days. Between August 2008 and July 2009, we underwent operations for five patients using this technique. The size of flap varied from $10{\times}6\;cm$ to $12{\times}14\;cm$. Results: All flaps successfully survived. Partial skin loss of the grafted site was seen in two patients but no further surgical procedure was required for wound healing. Complaints of hypoesthesia on the lateral part of the foot was observed. In a three month follow-up period, hypoesthesia was resolved spontaneously. Conclusion: Delayed procedure improves the viability of distally based sural flap in high risk, critically multimorbid patients. We recommend that, if a two-stage operative approach is required, the delayed procedure should be considered.

• 대한수의학회지
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• 제46권3호
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• pp.185-196
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• 2006

Newcastle disease (ND) is a highly contagious disease of poultry that can cause severe economic losses throughout the world. Vaccination has been used for a long time and proved as one of the most effective method to reduce the economic loss due to ND virus infection, The measurement of antibody titer such as hamagglutination-inhibition (Hl) test with sera has been used as a useful method to evaluate the immunity leve of host. However, Hl test is gradually being replaced by the enzyme linked-immunosorbent assay (ELISA), To evaluate the efficacy of ELISA in the chickens vaccinated with different procedure, present study has been performed. After SPF chicks and commercial broilers were vaccinated with different kinds of live vaccines such as V4, VG/GA and/or Bl at various time, the antibody level has been measured using both HI test and ELISA. Challenge test with velogenic viscerotropic NDV was also performed to measure the protective level of antibody. In the SPF chickens, the mean ELISA titer after vaccination and survival rate after challenge was increased and correlated with days post inoculation. More than 80% of chickens with higher than 1,000 ELISA titer after vaccination were survived after challenge with velogenic ND virus and had good correlation between survival rate and antibody titier. In commercial broiler chickens, most of them at market age had low level of ELISA titer regardless of the number of vaccination, and had a low correlation between survival rate and ELISA titer. However, the ELISA titer of remaining birds after challenge was increased. This result indicated that ELISA titer had good response against velogenic NOV infection compared to Hl titer.

• 한국군사과학기술학회지
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• 제26권2호
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• pp.179-187
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• 2023

APT cyber attacks have been a problem for over a past decade, but still remain a challenge today as attackers use more sophisticated techniques and the number of objects to be protected increases. 'Cyberattack Tracing System' allows analysts to find undetected attack codes that penetrated and hid in enterprises, and to investigate their lateral movement propagation activities. The enterprise is characterized by multiple networks and mass hosts (PCs/servers). This paper presents a data processing procedure that collects event data, generates a temporally and spatially extended provenance graph and cyberattack tracing paths. In each data process procedure phases, system design considerations are suggested. With reflecting the data processing procedure and the characteristics of enterprise environment, an operational architecture for CyberAttack Tracing System is presented. The operational architecture will be lead to the detailed design of the system.

• ETRI Journal
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• 제39권4호
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• pp.546-557
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• 2017

In a long term evolution-advanced (LTE-A) system, the traffic overload of machine type communication devices is a challenge because too many devices attempt to access a base station (BS) simultaneously in a short period of time. We discuss the challenge of the gap between the theoretical maximum throughput and the actual throughput. A gap occurs when the BS cannot change the number of preambles for a random access channel (RACH) until multiple numbers of RACHs are completed. In addition, a preamble partition approach is proposed in this paper that uses two groups of preambles to reduce this gap. A performance evaluation shows that the proposed approach increases the average throughput. For 100,000 devices in a cell, the throughput is increased by 29.7% to 114.4% and 23.0% to 91.3% with uniform and Beta-distributed arrivals of devices, respectively.

• International Journal of Railway
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• 제4권2호
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• pp.29-33
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• 2011

High-speed rail study needs to focus on passenger movements as a key element of the planning process. A particular challenge is obtaining comprehensive information on high-speed rail passenger movements. A national preference stated survey was conducted from October to November of 2011 to meet this challenge through direct personal interviews of travelers between Seoul and Busan (the so called Kyung-Bu corridor). Over 40 interviewers were hired and trained to conduct personal interviews at several stations along locations within Kyung-Bu Seoul and Busan corridor. A total of 4,550 travelers were interviewed, furnishing an extensive database on high-speed rail passenger movements. The methodology and procedure employed to collect the national data for Korean high-speed train KTX are described. Specific issues investigated include survey design, questionnaire and strategy. Lessons learned from the high-speed rail passenger movement study provide insights for other countries contemplating similar high-speed rail studies.