• Title/Summary/Keyword: Civil Act

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The Challenge of Arbitral Awards in Pakistan

  • Mukhtar, Sohaib;Mastoi, Shafqat Mahmood Khan
    • Journal of Arbitration Studies
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    • v.27 no.1
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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.

Dismountable steel tensegrity grids as alternate roof structures

  • Panigrahi, Ramakanta;Gupta, Ashok;Bhalla, Suresh
    • Steel and Composite Structures
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    • v.9 no.3
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    • pp.239-253
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    • 2009
  • This paper reviews the concept of tensegrity structures and proposes a new type of dismountable steel tensegrity grids for possible deployment as light-weight roof structures. It covers the fabrication of the prototype structures followed by their instrumentation, destructive testing and numerical analysis. First, a single module, measuring $1m{\times}1m$ in size, is fabricated based on half-cuboctahedron configuration using galvanised iron (GI) pipes as struts and high tensile stranded cables as tensile elements. Detailed instrumentation of the structure is carried out right at the fabrication stage. The structure is thereafter subjected to destructive test during which the strain and the displacement responses are carefully monitored. The structure is modelled and analyzed using finite element method (FEM) and the model generated is updated with the experimental results. The investigations are then extended to a $2{\times}2$ grid, measuring $2m{\times}2m$ in size, fabricated uniquely by the cohesive integration of four single tensegrity modules. After updating and validating on the $2{\times}2$ grid, the finite element model is extended to a $8{\times}8$ grid (consisting of 64 units and measuring $8m{\times}8m$) whose behaviour is studied in detail for various load combinations expected to act on the structure. The results demonstrate that the proposed tensegrity grid structures are not only dismountable but also exhibit satisfactory behaviour from strength and serviceability point of view.

Improving cyclic behavior of multi-level pipe damper using infill or slit diaphragm inside inner pipe

  • Zahrai, Seyed Mehdi;Cheraghi, Abdullah
    • Structural Engineering and Mechanics
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    • v.64 no.2
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    • pp.195-204
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    • 2017
  • Analytical and experimental studies of the innovative pipe in pipe damper have been recently investigated by the authors. In this paper, by adding lead or zinc infill or slit diaphragm inside the inner pipe, it is tried to increase the equivalent viscous damping ratio improving the cyclic performance of the recently proposed multi-level control system. The damper consists of three main parts including the outer pipe, inner pipe and added complementary damping part. At first plastic deformations of the external pipe, then the internal pipe and particularly the added core and friction between them make the excellent multi-level damper act as an improved energy dissipation system. Several kinds of added lead or zinc infill and also different shapes of slit diaphragms are modeled inside the inner pipe and their effectiveness on hysteresis curves are investigated with nonlinear static analyses using finite element method by ABAQUS software. Results show that adding lead infill has no major effect on the damper stiffness while zinc infill and slit diaphragm increase damper stiffness sharply up to more than 10 times depending on the plate thickness and pipe diameter. Besides, metal infill increases the viscous damping ratio of dual damper ranging 6-9%. In addition, obtained hysteresis curves show that the multi-level control system as expected can reliably dissipate energy in different imposed energy levels.

Finite element analysis of RC walls with different geometries under impact loading

  • Husem, Metin;Cosgun, Suleyman I.;Sesli, Hasan
    • Computers and Concrete
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    • v.21 no.5
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    • pp.583-592
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    • 2018
  • Today, buildings are exposed to the effects such as explosion and impact loads. Usually, explosion and impact loads that act on the buildings such as nuclear power plants, airports, defense industry and military facilities, can occur occasionally on the normal buildings because of some reasons like drop weight impacts, natural gas system explosions, and terrorist attacks. Therefore, it has become important to examine the behavior of reinforced concrete (RC) structures under impact loading. Development of computational mechanics has facilitated the modeling of such load conditions. In this study, three kinds of RC walls that have different geometric forms (square, ellipse, and circle) and used in guardhouses with same usage area were modeled with Abaqus finite element software. The three configurations were subjected to the same impact energy to determine the geometric form that gives the best behavior under the impact loading. As a result of the analyses, the transverse impact forces and failure modes of RC walls under impact loading were obtained. Circular formed (CF) reinforced concrete wall which has same impact resistance in each direction had more advantages. Nonetheless, in the case of the impact loading occurring in the major axis direction of the ellipse (EF-1), the elliptical formed reinforced concrete wall has higher impact resistance.

A Research on the Japanese Alternative Dispute Resolution Law (일본의 ADR법(法)에 관한 연구(硏究))

  • Kim, Sang-Chan
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.127-160
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    • 2006
  • Civil lawsuits have been the main instruments to resolve any civil disputes until recent times but it has its limitations in resolving all disputes in the specialized and technical disputes only according to the civil trial process. Therefore, many countries have carried out a series of discussions and investigations into the system of Alternate Dispute Resolution(ADR). It should especially be noted that all related countries in the world have enacted a basic ADR law to accelerate the usage of the ADR system. The most representative cases are the American Alternative Dispute Resolution Act of 1998 and Japan's Alternative Dispute Resolution Promotion Law set up in December 2004. As such, there is a need for Korea to enact a basic law regarding ADR following the world trend of major nations. This paper looks closely not only into the enactment circumstances and contents of Japan's ADR law whose legal system is similar to that of Korea but also the aftermath discussions of the Japanese academic circles into consideration, in the hopes of providing reference data for the legislation of the Korean ADR system and further aiding in the development of the ADR law theory.

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Ultimate load behavior of horizontally curved composite plate girders

  • Shanmugam, N.E.;Basher, M.A.;Khalim, A.R.
    • Steel and Composite Structures
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    • v.9 no.4
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    • pp.325-348
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    • 2009
  • This paper is concerned with steel-concrete composite plate girders curved in plan. At the design stage these girders are assumed sometimes to act independent of the deck slabs resting on them in order to simplify the analysis. The advantage of composite action between the steel girders and concrete deck is not utilized. Finite element modeling of such composite action in plate girders is considered in this paper. Details of the finite element modeling and the non-linear analysis of the girders are presented along with the results obtained. Tension field action in the web panels similar to those observed in the straight plate girders is also noticed in these girders. Finite element and experimental results in respect of curved steel plate girders and straight composite plate girders tested by other researchers are presented first to assess the accuracy of the modeling. Effects of parameters such as curvature, steel flange width and web panel width that affect the behavior of composite girders are then considered in the analyses. An approximate method to predict the ultimate strength of horizontally curved composite plate girders is also presented.

A Study on the Seller's Delivery Obligation in the International Sale of Goods - Focused on the CISG, Incoterms, Chinese Contract Law, Korean Civil Code - (국제물품매매에서 매도인의 인도의무에 관한 연구 - CISG, Incoterms, 중국 합동법, 한국 민법을 중심으로 -)

  • Hyeong, Ak-sim;Park, Sung-ho
    • Korea Trade Review
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    • v.42 no.2
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    • pp.29-52
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    • 2017
  • This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

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Investment Decisions for Clean Development Mechanism under Uncertain Energy Policies using Real Option

  • Taeil Park;Changyoon Kim;Hyoungkwan Kim
    • International conference on construction engineering and project management
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    • 2013.01a
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    • pp.107-110
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    • 2013
  • Recently, Korea parliament legislated the Low Carbon Green Growth Act (April, 2012) and approved a bill (May, 2012) to start carbon emission trading system in 2015. It means that for the first time, government would regulate the amounts of carbon emission in private entities, and private entities should attain predefined emission reduction goals by implementing clean development mechanism (CDM) project or buy the Certified Emission Reductions (CERs) from the trading market to avoid penalty. Under these circumstances, it is not easy for them to determine when or how to implement the CDM project because the governmental energy policies about the level of governmental subsidies, periods for free emission allocation, etc. are still under discussion and the future price of the CERs is quite uncertain. Thus, this study presents a real-option based model to assess the financial viability of the CDM project which switches bunker-C oil to liquefied natural gas (LNG). The proposed model is expected to assist private entities in establishing the investment strategy for CDM project under uncertain government energy policies.

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Availability Review of Tailings from the Sangdong Tungsten Mine as a Material for Construction (건설용 재료로서 상동광산광미의 활용성 검토)

  • Kim, Yong-Jic;Kim, Young-Jin;Choi, Yun-Wang;Kim, Sang-Chel
    • Journal of the Korean Recycled Construction Resources Institute
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    • v.1 no.3
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    • pp.204-210
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    • 2013
  • This study has focused on the possibility for recycling tailings from the Sangdong tungsten mine (TA) as admixture for concrete. TA has been accumulating for several decades in Sangdong, a region in Korea, and there is a growing demand for alternative uses for this hazardous substance. In particular, the use must be in accordance with the hazardous materials stipulations under the Korean waste control act. This study showed that TA presented pH of 8.0-9.3, 18.7-22.0% of water content, 2.7% of maximum ignition loss. The chemical composition of TA showed minute differences from each depth of sampling that represented approximately 50% of $SiO_2$ and 13% of both $Al_2O_3$ and $Fe_2O_3$. The chemical composition of Cd, Cu, Zn and Pb from mortar incorporating TA showed lower levels of hazardous materials which met the specifications of the waste control act in Korea. The TA mortar also appeared very effective for stabilizing/solidifying heavy metals particularly when used in conjunction with SG.

Suggestion on Korean Internet governance system by multi stakeholder approach and Introduction of Korean Internet address law (한국 내 인터넷 거버넌스 형성과 인터넷주소에 관한 법률)

  • Yun, Boknam
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.68-77
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    • 2013
  • This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

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