• Korea Trade Review
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• v.42 no.4
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• pp.139-157
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• 2017

Whether an investor can invoke a dispute settlement procedure stipulated in other BIT based on the MFN clause in the original BIT is an important issue. There is a difference in the interpretation of MFN clause in which the scope of the treatment stipulates the slightly different contents for each investment treaty. Therefore, this study considered ICSID arbitration cases related to the applicability of MFN clause for investment dispute settlement provisions. There are two different approaches for the applicability of MFN clause by arbitral tribunals. At first, the expanded interpretation of the MFN clause can be applied to procedural regulations, in that the purpose of the investment treaty is to protect foreign investors and to ensure their status. So, foreign investors can invoke a BIT of a third country that is advantageous to them. Second, the limited interpretation of the MFN clause can not be applied to procedural regulations. Without explicit regulation, the term treatment can not be considered to include dispute resolution provisions. And the BIT that the host state has concluded with third country is a treaty that applies only to the contracting party, so it can not be used by foreign investors of other nationality. Therefore, this study suggests concretely stipulating the scope of MFN clause under the investment treaty, highlighting that certain restrictions should be applied to the MFN clause. Furthermore, it is required continually investigating and analyzing the database of the scope of MFN clause.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• Journal of Information Processing Systems
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• v.13 no.5
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• pp.1149-1157
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• 2017

The satisfiability problem is always a core problem in artificial intelligence (AI). And how to improve the efficiency of algorithms solving the satisfiability problem is widely concerned. Algorithm IER (Improved Extension Rule) is based on extension rule. The number of atoms and the number of clauses affect the efficiency of the algorithm IER. DPLL rules are helpful to reduce these numbers. Then a complete algorithm CIER based on splitting rule and extension rule is proposed in this paper in order to improve the efficiency. At first, the algorithm CIER (Complete Improved Extension Rule) reduces the scale of a clause set with DPLL rules. Then, the clause set is split into a group of small clause sets. In the end, the satisfiability of the clause set is got from these small clause sets'. A strategy MOAMD (maximum occurrences and maximum difference) for the algorithm CIER is given. With this strategy, a better arrangement of atoms could be got. This arrangement could make the number of small clause sets fewer and the scale of these sets smaller. So, the algorithm CIER will be more efficient.

• International Journal of Advanced Culture Technology
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• v.8 no.4
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• pp.161-166
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• 2020

The primary aim of this paper is to analyze the resultative adjunct clause, i.e., (thus/thereby/hence) ~ing participle and provide explicit syntactic, semantic and sociolinguistic explanation on the question what causes the cause-focused causal construction with resultative (thus/thereby/hence) ~ing participle in English. What comes first is either cause or effect clause. This study explores the recent style shift of causal constructions from the effect-focused pattern to the cause-focused pattern. In this study, we argue that the increasing number of the cause-focused main clause with a resultative ~ing participle clause shows the process of the style evolution improving speech/wring style in many respects including syntactic simplification, clarification of the sentence meaning with impact on the focused clauses, and improvement of the flow of speech/writing. The style shift found in the English resultative adjunct clauses, i.e., (thus/hence/thereby) ~ing participle constructions prove to be the style evolution from syntactic, semantic and sociolinguistic point of views.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.155-180
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• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• Korean Journal of Cognitive Science
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• v.4 no.2
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• pp.29-51
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• 1994

This paper presents a new approach to describing the meanings of English relative clauses with the theoretical framework of Conceptual Structure Theory (henceforth CST)which builds on the pionerring work of Sowa.And this paper aims at proposing some extensions to his work. CST describes the conceptual structrures of sentences with conceptual graphs(henceforth CG). which have begun to be used as an intermediate language in natural language processing and machine translation of computer.CGs are composed of concept types and conceptual relation types. They are a system of logic for semantic representation of sentences. This paper focuses on showing the differences of the CGs according to the functions of English relative clauses. English relative clauses are divided into restrictive and nonrestrictive uses.And this paper describes a restrictive clause with a CG including a expression.which derives from the viewpoint of Montague-semantics and Nom-S Analysis.This paper deals mainly with the relative clauses of double restroction as an example of restrictive relative clauses.The description of a nonrestrictive relative clause does not need any-expression, for it doesn's involve the meaning of set.And this paper links the CG of an appositive relative clause,which is a kind of nonrestrictive clauses,to the concept of the antecedent in the main clause.The description of a nonrestrictive relative clause with adverbial meaning is strated with two CGs for the main clause and the relative clause.They are linked with an appropriate intersentential conceptual relation type according to the contextual realtions between them.This paper also presents a CG of a sentential relative clause,which gives a comment on the main clause.

• Asia-Pacific Journal of Business
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• v.10 no.1
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• pp.117-133
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• 2019

This paper examines the most-favored-nation treatment clause on the BITs concluded by China and examines the attitudes of China on the application of the most-favored-nation treatment clause to the ISDs by period as the scope of arbitration increases. Moreover, this study pointed out the problems that would be exposed if the most-favored-nation treatment clause applies to ISDs and then also suggested solutions. The conclusions of this study are as follows; if the Chinese government strictly restricts the applicable expansion of the most-favored-nation treatment clause to the dispute settlement procedure by considering only the position of the capital importing country, it implies a contradiction against the development trend of the arbitration system related to international investment disputes. Of course, in order to protect the rights of Chinese investors investing abroad, expanding the applicability of the most-favored-nation treatment clause to the ISDs procedure unconditionally may have a negative impact under China's dual status of being a capital-importing country and a capital-exporting country. Therefore, China should clearly define the scope of application of the most-favored-nation treatment clause, the completion of the local remedy for the host country in cases of BIT to be concluded in the future or amended, and also clearly define that the most-favored-nation treatment clause should not be retroactively applied into BITs already concluded as an exception of applicability of the most-favored-nation treatment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• Language and Information
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• v.9 no.2
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• pp.85-105
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• 2005

This study aims at investigating the 'verb-second' phenomena indicated in complex sentences of medieval Spanish. Especially, when the complex sentence is composed of a preposed adverbial clause and its succeeding main clause, the subject inversion is noticeable in the latter. The fundamental motive of this type of inversion is due to the 'verb-second' structure, in which a topic appears in the first position and the verb immediately after the topic. So it can be said that the subject inversion is a prerequisite for a verb to be located in the second position when the adverbial clause functions as a topic to the main clause, as is often the case with Germanic languages like German, Dutch, etc.. On the contrary, modern Spanish complex sentences do not show this phenomenon, with a strong tendency to locate a grammatical subject in the preverbal position. Therefore, medieval Spanish might be typologically closer to Germanic languages than to modern Spanish. In order to argue for this assumption, the formal and functional criteria by which the preposed adverbial clause could be defined as a topic NP will be examined across the comparition with left-dislocation structure.

• Korea Trade Review
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• v.42 no.2
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• pp.391-410
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• 2017

This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.