• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.325-358
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• 2011

The purpose of this study aims to analyse the implications of volume contract clause with Rotterdam Rules. The Hague-Visby Rules have been in force this jurisdiction for over 30 years. In those three decades they have performed valiant service, both for the development of maritime law in this country and for the countless parties from around the world who have chosen courts and arbitral tribunals in London for the resolution of disputes arising under bills of lading or under charterparties incorporating the Hague-Visby Rules. While the Hague-Visby Rules apply only to bills of lading or any other similar documents of title and hence all other contracts of carriage are not subject to the current regime, this is not the case for the Rotterdam Rules which, broadly speaking, apply to contracts of carriage whether or not a shipping document or electronic transport record is issued. To preserve freedom of contract where necessary, however, a number of significant concessions were made and Article 80 represents one of the most controversial: that of volume contracts. However, the provision lends itself to abuse under each one of the elements as there is no minimum quantity, period of time or frequency and the minimum number of shipments is clearly just two. This means that important contracts of affreighment concluded pursuant to, for example, oil supply agreements have the same right to be excluded from the scope of application of the Rotterdam Rules. The fact that a volume contract may incorporate by reference the carrier's public schedule of services and the transport document or other similar documents as terms of the contract would make a carefully drafted booking note for consecutive shipments a potential volume contract as well.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• International conference on construction engineering and project management
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• 2007.03a
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• pp.830-836
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• 2007

This paper is concerned with identifying the importance of the pre-qualification factors used in selecting contractors and also in determining the importance of various criteria used for the award of contract. The study was carried out through questionnaire survey administered to a population of 60 respondents in consultancy and client's organisation. The data analysis included a statistical comparison of means and interpretation. The result of this study showed that experience of the contractor is the most important prequalification factor while technical expertise is the most important criteria in the award of contract. The result of this study will enable clients, consultants and contractors to lay emphasis on the influencing factors in terms of pre-qualification and award of contract.

• KIPS Transactions on Software and Data Engineering
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• v.12 no.11
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• pp.471-480
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• 2023

The Korean construction order volume in South Korea grew significantly from 91.3 trillion won in public orders in 2013 to a total of 212 trillion won in 2021, particularly in the private sector. As the size of the domestic and overseas markets grew, the scale and complexity of EPC (Engineering, Procurement, Construction) projects increased, and risk management of project management and ITB (Invitation to Bid) documents became a critical issue. The time granted to actual construction companies in the bidding process following the EPC project award is not only limited, but also extremely challenging to review all the risk terms in the ITB document due to manpower and cost issues. Previous research attempted to categorize the risk terms in EPC contract documents and detect them based on AI, but there were limitations to practical use due to problems related to data, such as the limit of labeled data utilization and class imbalance. Therefore, this study aims to develop an AI model that can categorize the contract terms based on the FIDIC Yellow 2017(Federation Internationale Des Ingenieurs-Conseils Contract terms) standard in detail, rather than defining and classifying risk terms like previous research. A multi-text classification function is necessary because the contract terms that need to be reviewed in detail may vary depending on the scale and type of the project. To enhance the performance of the multi-text classification model, we developed the ELECTRA PLM (Pre-trained Language Model) capable of efficiently learning the context of text data from the pre-training stage, and conducted a four-step experiment to validate the performance of the model. As a result, the ensemble version of the self-developed ITB-ELECTRA model and Legal-BERT achieved the best performance with a weighted average F1-Score of 76% in the classification of 57 contract terms.

• The Journal of the Korea Contents Association
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• v.18 no.7
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• pp.620-627
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• 2018

With the widespread adoption of blockchain in the field of business, the importance of confidentiality of critical information has been emerging. Although blockchain models solve the security problem regarding integrity threat by sharing transactions and making them public, it is vulnerable in terms of confidentiality. Therefore, a security mechanism to provide confidentiality of critical information and private information of a firm is necessary to utilize block chain in the process of work. In order to solve the problem, we suggest Private blockchain based cryptographic protocol application model using Smart contract commitment scheme of the Ethereum. It can contribute to activation of blockchain services by enabling non-trusted participants to perform businesses through application of smart contract enhanced in terms of confidentiality and integrity to private blockchain.

• Journal of the Korean Operations Research and Management Science Society
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• v.27 no.1
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• pp.19-32
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• 2002

This paper examines the effect of the producer-supplier quality contract parameters and the magnitude of the quality related variables on the quality of the final products. Our analysis focuses on the parties' equilibrium behavior In a quality game environment where the supplier should choose among the two production technologies, one requiring high cost but producing high quality Parts and the other requiring low cost but producing low quality parts and where the producer should decide whether to do the inspection of the parts. The game framework is employed to depict the potential conflicts existing between the Producer and the supplier because the Producer can not observe the supplier's choice and each party wants the other to bear the cost of producing high quality products. In our model, we specifically consider the competitive situation where the producer competes with a firm producing the same product. We employ the market share attraction model to Incorporate the competitive situation and completely characterize the equilibrium by using the Nash equilibrium concept for the game solution. Our results show that the equilibrium depends on the contract terms and the magnitude of the quality related variables. Compared to the non-competitive situation, the probability of producer's Inspection and the probability of supplier's choosing the high quality technology increases in a competitive situation. This is true even when the competitor's quality is lower than the producer's lowest. As a result, the quality of the final product increases In a competitive situation. And as the failure cost borne by the supplier increases, the probability of choosing the high quality technology Increases and the probability of inspection decreases. The net effect of this results in the decrease of the final product quality.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.6
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.137-157
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• 2002

The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

• Journal of Korea Trade
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• v.27 no.4
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• pp.1-18
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• 2023

Purpose - The purpose of this paper is to study how flexibility and mutuality in determining trade terms impact logistics efficiency in the context of relational theory. Additionally, the effect of relational contracts on logistical efficiency relative to the value of the goods being traded is investigated. Design/methodology - According to the relational contract theory, we developed 17 factors utilizing a 7-point Likert scale to measure variables related to flexibility, mutuality, logistics efficiency, and the added value of goods. The survey occurred over four months, and was distributed directly, and via email, phone, and online Google surveys. A total of 403 surveys were collected out of 1,800 distributed, and 380 were analyzed. The principal respondents were import/export companies and members of the Korea International Trade Association and the Korea Small and Medium Business Export-Import Association. The collected data were analyzed using frequency analysis, exploratory factor analysis, and correlation analysis using SPSS ver. 26.0 statistical software, and hypothesis test results were derived using Process Macro ver. 3.5. Findings - This study provides evidence that negotiation flexibility for trade terms affects the efficiency of the logistics process, and the mutuality of such arrangements is shown to be associated with the flexibility and efficiency of logistics processes. Additionally, it has been established that companies whose trade goods possess a low degree of added value may experience increased efficiency in logistics operations if they agree to trade terms that are both flexible and mutually beneficial with their counterparts. Originality/value - This study suggests that in an environment of rapidly shifting global logistics and unpredictable related costs, trade companies may be able to improve logistics efficiency by establishing flexible, mutually beneficial trade terms when entering into contracts. Furthermore, it is suggested that companies dealing in low-value-added products may improve the logistical performance of approaching trade from a perspective of relational contracts.

• The Korean Journal of Food And Nutrition
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• v.20 no.4
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• pp.516-524
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• 2007

This study was conducted to evaluate contract foodservice's websites. The survey sample consisted of students majoring in food and nutrition having good knowledge of foodservice. The questionnaire requested information related to demographics, internet usage, contract foodservice company websites, and the evaluation of the websites. The data were analyzed using SPSS for windows(version 12.0). The results are summarized as follows. From the results of the factor analysis in evaluating the contract foodservice's websites, 7 factors were generated and were defined as technology & interactivity, customer service, interface, design & convenience, contents, communication, and offering of information. Of these, technology & interactivity(p<0.05), customer service(p<0.01), interface(p<0.05), design & convenience(p<0.001), content(p<0.01), communication(p<0.01), and offering of information(p<0.01) had a significant effects in terms of the on satisfaction with a website. Since the beta of the "design & convenience" factor(0.319) was the largest, it had the greatest effect on satisfaction. In the importance performance analysis, the respondents showed high recognition on the importance, but low recognition on the performance, of aspects such as menu composition, attraction of the website, offering a FAQ section, and the operation of Q&A. Also, the importance score for 'offered relevant websites' was significantly higher than the performance score. Therefore, contract foodservice companies should take into account these aspects for improving their websites.