• Management Science and Financial Engineering
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• v.19 no.2
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• pp.1-11
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• 2013

An interesting puzzle in business practices is that although many researchers emphasize the benefits of a revenue-sharing contract, a wholesale contract has remained to be the most common contractual form. By introducing the concept of unobservable efforts, we examine the contractual efficiency of a wholesale contract and a revenue-sharing contract. The multi-task agency model and experimental design approach are used to analyze the relationship between the contractual efficiency and parameters. A major finding of our study is that a wholesale contract coordinates unobservable efforts, while it fails to coordinate the order quantity decision. Because unobservable efforts have mixed effects on the contractual efficiency, the superiority of contract type depends on parameters. This finding implies that a wholesale contract can be a competitive contract, especially when unobservable efforts are heavily involved. Our conclusion is that the current popularity of a wholesale contract is manager's rational response to complex supply chain environments rather than irrational behaviors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.25-42
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• 2021

Arbitration is an alternative dispute resolution mechanism based on the parties' agreement to resolve any disputes parties may have by arbitration rather than litigation in court. Parties' consent to arbitrate, which must be manifest in the parties' arbitration clause or agreement, is the foundation for arbitration; thus, the language of an arbitration agreement is often of utmost importance in determining the intent of the parties regarding many aspects of arbitration proceedings, such as, the scope of arbitral proceedings, arbitral seat, and authority of arbitral tribunals, among others. Recently, the U.S. Supreme Court held in Lamps Plus, Inc. v. Varela (2019) that ambiguity in arbitration agreement as to availability of class arbitration should be resolved in favor of individual arbitration, and therefore, class arbitration would be precluded. Such holding was met with criticism by four separate dissenting opinions, in which the dissenting Justices have disagreed with the majority's interpretation of the arbitration agreement at issue, as well as, its rejection of application of state law in resolving contractual ambiguity. This article analyzes the Supreme Court's decision and reviews the Court's approach in construction of the arbitration agreement. Nevertheless, because the Supreme Court declined to provide clear guidelines as to precisely what contractual basis is required to permit class arbitration, either silence or ambiguity in arbitration agreements will be resolved by disallowing class arbitration.

• International conference on construction engineering and project management
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• 2013.01a
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• pp.502-506
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• 2013

The cash flow forecasting is normally done by contractors in construction industry at early stages of the project for contractual decisions. The decision making in such situations involve uncertainty about future cash flows and assessment of working capital requirements gains more importance in projects constrained by cash. The traditional approach to assess the working capital requirements is deterministic in and neglects the uncertainty. This paper presents an alternate approach to assessment of working capital requirements for contractor based on fuzzy set theory by considering the uncertainty and ambiguity involved at payment periods. Statistical methods are used to deal with the uncertainty for working capital curves. Membership functions of the fuzzy sets are developed based on these statistical measures. Advantage of fuzzy peak working capital requirements is demonstrated using peak working capital requirements curves. Fuzzy peak working capital requirements curves are compared with deterministic curves and the results are analyzed. Fuzzy weighted average methodology is proposed for the assessment of peak working capital requirements.

• Journal of Distribution Science
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• v.14 no.9
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• pp.15-24
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• 2016

Purpose - Key account management is a supplier company initiated relational approach that has received great attention from both academics and practitioners manifested in the business-to-business relationship literatures. However, there is widespread debate and contention on what should be the underlying theoretical base for defining this vital part of relationship marketing. With the insights from the social exchange theory, present paper explores how social exchange affects the dynamic nature of key account management relationship at the organizational level. Research design, data, and methodology - The paper follows a comprehensive review approach to examine the relationship between social exchange theory and key account management approach. Conceptual arguments and findings are assessed across studies with the main objective of showing how social exchange theory develops the governance mechanism in maintaining the key account relationship. Results - Since relational norm is considered as a glue for the maintenance of buyer-seller relationship in social exchange theory, factors develop the non-contractual governance mechanism 'relationship' in business-to-business relationship and this norm replaces or supplements more formal governance mechanisms such as contracts are explored. Conclusions - This paper advances central relational norm to manage the company's most important key customers and demonstrates how this norm can be developed in buyer-seller key account relationship. Implications from this new perspective are forwarded.

• Korean Journal of Social Welfare
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• v.62 no.4
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• pp.79-102
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• 2010

This paper aims to analyse the recent changes in social welfare services from a relational perspective. Discourses of the privatization of welfare state, the welfare mix approach, and consumerism have provided frames for interpreting the changes in social services in Korea. The nature of social welfare services, being a "relational goods" requires its focus to be in its relational aspects: the relation between service user and service practitioner; the relation between service user and provider; the relation between service user and government; the relation between service practitioner and provider; the relation between service practitioner and government; and the relation between service provider and government. Analysis of such relations will explore their transformation toward formalness and equality in social welfare services. In conclude, the study reveals a process of modernization, defined as a transition from informal relations to formal contractual relations, based on one's rights, responsibilities and obligations. Previous relations, of paternalistic, arbitrary and hierarchical characteristics, can be seen as being substituted by more formal, institutionalized and equalized relations. In terms of service purchasing contract between service user and service provider and employment contract between service provider and service worker are recognized with the latter characteristics. This relational analysis leads a discussion concerning the creation of institutional basis of one's rights and responsibilities in the fields of social welfare services in Korea.

• International Journal of Railway
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• v.2 no.3
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• pp.124-126
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• 2009

Energy savings can be achieved with optimum energy consumptions, brake energy regeneration, efficient energy storage (onboard, line side), and primarily with light weight vehicles. Over the last few years, the rolling stock industry has experienced a marked increase in eco-awareness and needs for lower life cycle energy consumption costs. For rolling stock vehicle designers and engineers, weight has always been a critical design parameter. It is often specified directly or indirectly as contractual requirements. These requirements are usually expressed in terms of specified axle load limits, braking deceleration levels and/or demands for optimum energy consumptions. The contractual requirements for lower weights are becoming increasingly more stringent. Light weight vehicles with optimized strength to weight ratios are achievable through proven design processes. The primary driving processes consist of: $\bullet$ material selection to best contribute to the intended functionality and performance $\bullet$ design and design optimization to secure the intended functionality and performance $\bullet$ weight control processes to deliver the intended functionality and performance Aluminium has become the material of choice for modern light weight bodyshells. Steel sub-structures and in particular high strength steels are also used where high strength - high elongation characteristics out way the use of aluminium. With the improved characteristics and responses of composites against tire and smoke, small and large composite materials made components are also found in greater quantities in today's railway vehicles. Full scale hybrid composite rolling stock vehicles are being developed and tested. While an "overdesigned" bodyshell may be deemed as acceptable from a structural point of view, it can, in reality, be a weight saving missed opportunity. The conventional pass/fail structural criteria and existing passenger payload definitions promote conservative designs but they do not necessarily imply optimum lightweight designs. The weight to strength design optimization should be a fundamental design driving factor rather than a feeble post design activity. It should be more than a belated attempt to mitigate against contractual weight penalties. The weight control process must be rigorous, responsible, with achievable goals and above all must be integral to the design process. It should not be a mere tabulation of weights for the sole-purpose of predicting the axle loads and wheel balances compliance. The present paper explores and discusses the topics quoted above with a view to strengthen the recommendations and needs for the weight optimization by design approach as a pro-active design activity for the rolling stock industry at large.

• The Transactions of the Korean Institute of Electrical Engineers
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• v.43 no.2
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• pp.197-205
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• 1994

Security of a power system refers to its robustness relative to a set of imminent disturbances (contingencies) during operation. The socially optimal solution for the actuall level of generation/consumption has been well-known spot pricing at shot-run marginal cost. The main disadvantage of this approach arises because serious contingencies occur quite infrequently. Thus by establishing contractual obligations for contingency offering before an actual operation time through decision feedback we can obtain socially optimal level of system security. Under probabilistic precontract pricing the operating point is established at equal incremental cost of the expected short-run and collapse cost of each participant. Rates for power generation/consumption and for an offer to use during a contingency, as well as information on the probability distribution of contingency need for each participant, are derived so that individual optimization will lead to the socially optimal solution in which system security is optimized and the aggregate benefit is maxmized.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.980-985
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• 2005

Since the 1980s, Build-Operate-Transfer and its variations have become a common approach to develop large-scale infrastructure projects. Despite the slight variations in contractual settings, the key issue for all parties concerned is to assess the risks and uncertainties inherent in a project. The risk factors studied and highlighted by past researchers are very diverse. This paper starts with an objective to compare the risk factors in different sectors of infrastructure, and then categorize them into two kinds: general and specific. Following this classification, risk mitigation strategies should be adopted differently at the corporate and project levels. A few short cases have also been used to illustrate the flexible measures or "options" that some project participants have designed to address risks and uncertainties at the two levels.