• Journal of Arbitration Studies
• /
• v.15 no.1
• /
• pp.207-228
• /
• 2005

When closing an international contract, both contract parties endeavor to convey their intentions from the stage of negotiation to the moment of signing the contract. Of the many problems presently related to contract language, the first one to consider is which contract party will run the risk of the language deficiencies occurring as a result of the misunderstanding and misinterpretation between different languages. The second problem to consider is whether the interpretation and translation of the contract language is needed and, if so, which party is going to bear the expenses and assume responsibility of the misinterpretation in the translation of, the contract language. The third problem is related to the obligation of explaining to both contract parties the contents and details of the international contract written in different languages. The fourth issue is which language of both contract parties becomes the standard contract language in the procedure of arbitration. The fifth, but not the last problem, is how to solve the language defects in interpreting and translating the contract languages. These five problems can be easily solved by the approval of the contract parties in scrutinizing and selecting the contract languages. However, this research mainly focuses on which effects of the contract language and as how to define and select the contract language.

• Journal of Computing Science and Engineering
• /
• v.7 no.4
• /
• pp.251-262
• /
• 2013

Bad smells are usually related to program source code, arising from bad design and programming practices. Refactoring activities are often motivated by the detection of bad smells. With the increasing adoption of Design-by-Contract (DBC) methodologies in formal software development, evidence of bad design practices can similarly be found in programs that combine actual production code with interface contracts. These contracts can be written in languages, such as the Java Modeling Language (JML), an extension to the Java syntax. This paper presents a catalog of bad smells that appear during DBC practice, considering JML as the language for specifying contracts. These smells are described over JML constructs, although several can appear in other DBC languages. The catalog contains 6 DBC smells. We evaluate the recurrence of DBC smells in two ways: first by describing a small study with graduate student projects, and second by counting occurrences of smells in contracts from the JML models application programming interface (API). This API contains classes with more than 1,600 lines in contracts. Along with the documented smells, suggestions are provided for minimizing the impact or even removing a bad smell. It is believed that initiatives towards the cataloging of bad smells are useful for establishing good design practices in DBC.

• Journal of English Language & Literature
• /
• v.55 no.5
• /
• pp.793-820
• /
• 2009

The studies of correspondence between novel and nation-state, among which The Rise of the Novel by Ian Watt is supposed to be the first book, have flourished for more than twenty years, encouraged by Benedict Anderson's and Cathy Davidson's works. According to them, the novel should come simultaneously with, or after the foundation of the nation-state, and testify to its production or the emergence of its subject/citizen. This paper questions about these prepositions, trying to introduce a new paradigmatical approach, "between global and transnational historical approach," to first novels in transatlantic areas including England and atlantic coastal areas. In its complex relation to a variety of colonial, post-colonial, and transnational geopolitics, various cultural practices such as history, traveler's tales and epistolary novels can be included in the genre of the novel. The idea of the sexual contract by Carole Pateman is very useful because it helps more clearly understand the nature of relation between men and women in the capitalist reproduction, while the social contract tells about the relation between men as citizens. Unlike Freud in Totem and Taboo, Zilboorg argues that there were primordial and violent scenes such as rape before the first sexual contract. This paper will illuminate that "the rise of the novel" corresponded with the emergence of the sexual contract. In the so-called first novel Pamela, the heroine Pamela was threatened to be violated by Mr. B., and was really even confined in his cottage. Mary Rowlandson's The Captive Narrative shows that her body was confined as an English female captive, and troubled with imaginary rape by Indians which resulted in the unequal sexual contract between her and her puritan community in America. However, Leonora Sansay's Secret History in an alternative communality, which was not a nation-state, was different from both novels mentioned above, in that it shows the possibility of emancipation from their unequal marriage, the sexual contract. Therefore, it can be argued that "between global and transnational historical approach" has a possibility to provide a new vision of global sisterhood and solidarity to recognize globalized women's violence, and free themselves from the unequal sexual contract.

• Electronics and Telecommunications Trends
• /
• v.35 no.5
• /
• pp.134-138
• /
• 2020

Blockchain is an enabling technology for managing data with high trust and transparency among connected computers. Blockchain emerged with the advent of the Bitcoin cryptocurrency, and then, evolved as general-purpose platforms such as Ethereum, EOS, R3 Corda, and IBM Hyperledger Fabric. The application of blockchain covers a broad range of areas such as fintech, decentralized identity, distribution, real estate trading, games, and drone air traffic management. Smart contracts are indispensable for constructing blockchain services. This survey classifies smart contract languages by their features and shows their differences from existing general-purpose programming languages.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.183-197
• /
• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• International conference on construction engineering and project management
• /
• 2022.06a
• /
• pp.57-66
• /
• 2022

Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

• Journal of KIBIM
• /
• v.11 no.3
• /
• pp.12-21
• /
• 2021

Existing real estate markets are monopolized because they are capital intensive and have information asymmetry. However, with the advent of the Fourth Industrial Revolution, technology is converging in various industries based on information technology (IT), and the real estate market is also developing a new field called "PropTech". According to this trend, new PropTech technologies are emerging in various real estate services sectors in Korea, but the electronic contract system, which accounts for the largest portion of the real estate industry, is still cited as a complex identification process and long processing time. Therefore, in this paper, we propose an improvement plan for the current electronic contract system through the introduction of blockchain technology, which is drawing attention with the development of PropTech, and explore the possibility of introduction by producing an experimental model of blockchain-applied electronic contract system in a programming language.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.13 no.4
• /
• pp.229-237
• /
• 2013

As demand for IT services increase, which are based on SOA and cloud computing, service level agreements (SLAs) have received more attention in the parties concerned. An SLA is usually a paper contract written in natural language. SLA management tools which are commercially available, implement SLAs implicitly in the application with a procedural language. This makes automation of SLA management difficult. It is also laborious to maintain contract management systems because changes in a contract give rise to extensive modifications in the source code. We see the source of the trouble is the existence of documentary SLAs (paper contracts) and corresponding executable SLAs (contracts coded in the procedural language). In this paper, to resolve the current SLA management problems we propose an active SLM (Active Service Level Management) system, which is based on the active SLA (Active Service Level Agreement). In the proposed system, the separated management and processing of dual SLAs can be unified into a single process with the introduction of active SLAs (ASLAs).

• Proceedings of the Korean Institute of Intelligent Systems Conference
• /
• 2007.04a
• /
• pp.189-192
• /
• 2007

This study proposes a Natural Language Query Framework (NLQF) on the semantic web to support the intelligent deduction at semantic level. A large number of former researches are focused on the knowledge representation on the semantic web. However, to revitalize the intelligent agent (IA)-based automated e-business contract with human customers, there is a need for semantic level approach to the web information. To enable accessing web information at semantic level, this paper discusses the pattern of complex natural language processing at first, and then the semantic web-based natural language inference in e-business environment. The NL-based approach could help the IAs on the web to communicate with customers and other IAs with more natural interface than traditional HTML-based web information. Therefore, our proposed NLQF will be used in semantic web-based intelligent e-business contracts between customers and IAs.

• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.83-105
• /
• 2021

If aggrieving consumers or employees cannot prove both substantive and procedural unconscionability, many U.S. state courts will enforce arbitration agreements. Additionally, U.S. courts weigh a variety of factors to determine whether an arbitration agreement is substantively unconscionable. For example, U.S. courts have considered one or a combination of the following factors: (1) the fairness of contractual terms; (2) the severity of contractual terms' deviation from prevailing standards, customs, or practices within a particular industry; (3) the reasonableness of goods-and-services contract prices; (4) the commercial reasonableness of the contract terms; (5) the purpose and effect of the terms and (6) "the allocation of risks between the parties." Further, procedural unconscionability characterized by surprise or lack of knowledge focuses on terms that are deceptively hidden in a mass of contract language, the object of another concealment, or imposed in the circumstances involving haste or high-pressure tactics so that they are not likely to be read or understood. This unconscionability doctrine can be applied to a situation where an alcoholic dementia-afflicted older adult is admitted to a nursing home. At that time, because she had alcoholic dementia, which precluded her reading, comprehending, writing, negotiating, or signing of any legal document, her son, who did not understand the adhesion contract, signed the standardized residential contract and the arbitration agreement.