• Title/Summary/Keyword: Due Process of Law

Search Result 241, Processing Time 0.028 seconds

A Study on the Due Process in Online Arbitral Proceeding for the International Commercial Disppute Settlement (국제상사분쟁해결(國際商事紛爭解決)을 위한 온라인중재(仲裁)에서 정당(正當)한 절차(節次)에 관한 연구(硏究))

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.26
    • /
    • pp.225-253
    • /
    • 2005
  • Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

  • PDF

An Analysis of Crack Growth Rate Due to Variation of Fatigue Crack Growth Resistance (피로균열전파저항의 변동성에 의한 균열전파율의 해석)

  • Kim, Seon-Jin
    • Transactions of the Korean Society of Mechanical Engineers A
    • /
    • v.23 no.7 s.166
    • /
    • pp.1139-1146
    • /
    • 1999
  • Reliability analysis of structures based on fracture mechanics requires knowledge on statistical characteristics of the parameter C and m in the fatigue crack growth law, $da/dN=C({\Delta}K)^m$. The purpose of the present study is to investigate if it is possible to predict fatigue crack growth rate by only the fluctuation of the parameter C. In this study, Paris-Erdogan law is adopted, where the author treat the parameter C as random and m as constant. The fluctuation of crack growth rate is assumed only due to the parameter C. The growth resistance coefficient of material to fatigue crack growth (Z=1/C) was treated as a spatial stochastic process, which varies randomly on the crack path. The theoretical crack growth rates at various stress intensity factor range are discussed. Constant ${\Delta}K$ fatigue crack growth tests were performed on the structural steel, SM45C. The experimental data were analyzed to determine the autocorrelation function and Weibull distributions of the fatigue crack growth resistance. And also, the effect of the parameter m of Paris' law due to variation of fatigue crack growth resistance was discussed.

A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien (船舶優先特權과 船泊執行의 實務에 관한 考察)

  • 황석갑
    • Journal of the Korean Institute of Navigation
    • /
    • v.16 no.2
    • /
    • pp.29-39
    • /
    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

  • PDF

A variable structure controller with a PI-type reaching law (PI 형 도갈법칙을 가지는 가변구조 제어)

  • Chun, Kyung-Han;Lee, Yun-Jung;Choi, Bong-Yeol
    • Journal of Institute of Control, Robotics and Systems
    • /
    • v.3 no.3
    • /
    • pp.214-218
    • /
    • 1997
  • We propose a VSC(Variable Structure Controller) with a PI-type reaching law. In General, conventional VSCs with a reaching law including a discontinuous term have the chattering problem, and thus the system may be unstable due to the disregarded high frequency dynamics in the modeling process. To resolve this problem, the PI-type reaching law is proposed in this paper. The proposed reaching law makes it easy to determine the reaching dynamics as well as the reaching time by utilizing the 2nd-order system analysis. Furthermore, since the discontinous term is not involved in the reaching law, the chattering is considerably reduced. To show the effectiveness of the proposed scheme, the stability of the proposed system is proved by Lyapunov method and the computer simulations are performed for the Ball Balance System.

  • PDF

Analysis of Electrocoagulation Process using Faraday's Law (Faraday's Law에 의한 전기응집공정의 분석)

  • Kim, Hye-Sook;Yun, Young-Im;Cho, Eun-Jeong;Choi, Yun-Hee;Oh, Mi-Young;Kim, Yeong-Kwan
    • Journal of Industrial Technology
    • /
    • v.21 no.A
    • /
    • pp.351-355
    • /
    • 2001
  • This research was carried out to find out the possibility of using Faraday's law in analyzing the electrocoagulation system. Bench-scale reactor equipped with aluminum electrode plates was operated using synthetic wastewater which received sodium chloride for conductivity adjustment. Phosphate was added to the wastewater to induce the precipitation with Al. The amount of aluminum dissolved from the electrodes could be predicted by Faraday's law with a difference less than 5%. This difference was greater at a higher electric current, probably due to the increased solution temperature. However, effect of pH on the dissolution of the aluminum was negligible. The result of this study suggested that the operating condition of electrocoagulation system could be developed using the Faraday's law when the pollutant concentration is given.

  • PDF

U.S. Courts' Review of Article V(1)(b) under the New York Convention for the Enforcement of Foreign Arbitral Awards

  • Jun, Jung Won
    • Journal of Arbitration Studies
    • /
    • v.24 no.3
    • /
    • pp.79-103
    • /
    • 2014
  • In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

  • PDF

A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels (불법조업 중국어선에 대한 해양경찰의 단속에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.20 no.1
    • /
    • pp.49-58
    • /
    • 2014
  • The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

Abuse of Process and Regulation in Commercial Arbitration - A Chinese Perspective

  • Dong, Arthur X.
    • Journal of Arbitration Studies
    • /
    • v.25 no.3
    • /
    • pp.91-111
    • /
    • 2015
  • This paper discusses the problem of extraordinary delay in the commercial arbitration process, increased arbitration fees, and denial of the benefits of arbitration to other parties due to the abuse of procedural rights by relevant parties in commercial arbitration process. This paper proposes measures to reduce abuse of process in commercial arbitration, such as statutory modification, judicial supervision, amendment of arbitration rules and the intervention of disciplinary bodies.