• 제목/요약/키워드: Due Process of Law

검색결과 241건 처리시간 0.022초

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) (A Study on the Due Process in Online Arbitral Proceeding for the International Commercial Disppute Settlement)

  • 유병욱
    • 무역상무연구
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    • 제26권
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    • pp.225-253
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    • 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.

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

  • 김선진
    • 대한기계학회논문집A
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    • 제23권7호
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    • pp.1139-1146
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    • 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.

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

  • 황석갑
    • 한국항해학회지
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    • 제16권2호
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    • pp.29-39
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    • 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.

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

  • 전경한;이연정;최봉열
    • 제어로봇시스템학회논문지
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    • 제3권3호
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    • pp.214-218
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    • 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.

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

  • 김혜숙;윤영임;조은정;최윤희;오미영;김영관
    • 산업기술연구
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    • 제21권A호
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    • pp.351-355
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    • 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.

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

  • Jun, Jung Won
    • 한국중재학회지:중재연구
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    • 제24권3호
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    • pp.79-103
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    • 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.

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

  • 임채현
    • 해양환경안전학회지
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    • 제20권1호
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    • pp.49-58
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    • 2014
  • 우리 배타적 경제수역에서는 불법조업과 폭력행위 등을 반복하는 중국어선을 단속하기 위한 우리 정부의 계속적인 노력에도 불구하고 배타적 경제수역에서의 불법조업행위는 멈추지 않고 오히려 단속 해양경찰의 피해가 속출하고 있다. 한편, 범정부적인 노력에도 불구하고 해양경찰의 불법외국조업선에 대한 단속 과정에서 여러 문제점이 노출되고 있다. 해양에서 외국선박에 대한 단속은 한편으로는 정당한 사법절차의 진행으로 당연한 국가의 권한이지만, 이러한 집행이 적절하지 못하게 이루어질 경우 국제적 분쟁이 발생할 가능성도 존재한다. 따라서 본 논문은 관련 자료, 전문가의 견해 및 최근 사건 등을 바탕으로 우리나라 관할수역에서 발생하는 불법조업 중국어선에 대한 검문 검색이나 사법절차의 진행 등 단속과정 진행 중 제기되는 문제점을 분석하고 이에 대한 해결방안을 제시하고자 한다.

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

  • Dong, Arthur X.
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.91-111
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    • 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.