• Journal of Arbitration Studies
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• v.28 no.2
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• pp.137-163
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• 2018

Efficiency in the arbitration proceedings and finality of arbitral awards have been key attractive features of arbitration. While finality of awards is due to the fact that there is no appeals mechanism in arbitration, other recourses that are available against arbitral awards threaten the integrity of finality of arbitral awards. This article examines some of these recourses, such as, setting aside of arbitral awards pursuant to the UNCITRAL Model Law, scrutiny of draft awards by arbitration institutions, and annulment proceedings of ICSID Convention awards and discusses the implications of these measures in relation to assuring finality of arbitral awards in international commercial and investment arbitration cases. In order to more effectively respect the disputing parties' autonomy in choosing arbitration, and also to give as much deference to arbitral tribunals' decisions and their discretion in reaching their decisions, it is proposed that an official appellate mechanism would be preferred over the undermining of finality of arbitral awards that have been taking place through the currently available exclusive recourses against arbitral awards.

• Bulletin of the Korean Mathematical Society
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• v.21 no.1
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• pp.47-47
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• 1984

• International Commerce and Information Review
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• v.12 no.3
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• pp.35-53
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• 2010

In connection with a non-cash payment through the banking system, "finality of payment" has acquired diverse meanings. In according to Section 4A-209(2), the acceptance by the beneficiary's bank by means of receiving payment "pursuant to section 4A-403(a)(1) or 4A-403(a)(2)," constitutes final settlement through a Federal Reserve Bank or through a funds-transfer system" or credit to the account of the beneficiary's bank. Above of all, Acceptance by beneficiary's bank is the most important. According to 4A-209(b), the beneficiary's bank can accept a payment order in one of four ways : First, by paying the beneficiary; obligating itself to pay the beneficiary or, Second, by notifying the beneficiary of receipt of the order or notifying the beneficiary that its account was credited or, Thirdly, by receiving full payment from the sender's order or Lastly, by passage of time, i.e., the opening of the next funds transfer business day of the bank following the payment date of the order. A beneficiary's bank is considered to have accepted a payment order when the earliest of the four means of acceptance occurs.

• Journal of Distribution Science
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• v.11 no.6
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• pp.41-50
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• 2013

Purpose - Inducing consumers' behavioral intent to use an outlet shopping center is a critical issue for managers since it can be used as a guide for developing marketing strategies. Low prices could lead to a growth in retail purchases, but there might also be a positive relationship between prices and customer perceptions of product quality. The extent to which consumers use price as a predictor of quality may differ according to the availability of important alternative cues such as brand, store name, and identity salience triggered by the store. Consumers can obtain non-economic benefits from marketing exchanges that go beyond basic economic achievement. We argue that identity salience can play a crucial mediating role when consumers, acting as exchange partners, seek to obtain social benefits. This study shows that identity salience could mediate the relationship between identity salience-inducing factors such as multi-finality, prestige and role performance, and consumers' behavioral intent to use an outlet shopping center. Research design, data and methodology - The survey was conducted on college students enrolled in marketing classes. A total of 200 questionnaires were distributed, of which only 194 were returned. After five incomplete questionnaires were excluded, a final sample of 189 was used for empirical analysis. Using a covariance structural analysis in Amos17, we confirmed the fit of the research model and estimated its parameters by using the maximum likelihood method. Results - The results of the hypotheses testing are as follows. First, both identity salience and economic benefits have positive effects on the behavioral intent to use an outlet shopping center. Second, role performance, prestige, and multi-finality have positive effects on identity salience. Finally, the additive analysis of the direct effects of identity salience-inducing factors shows that the role performance, prestige, and multi-finality factors have no direct effects on the behavioral intent to use an outlet shopping center, suggesting that identity salience plays a positive mediating role. Conclusions - This study informs marketers that not only price but shoppers' identity salience directly affects their intent to visit an outlet shopping center. To strengthen shoppers' identity salience, marketers should find ways to help shoppers fulfill their multiple social roles, realize their multiple goals, and achieve prestige. In other words, outlet shopping centers must improve their personal service environment in order to enhance their employees' service quality and assist the execution of multi-finality by minimizing the perceived costs (e.g., travel time, effort) associated with shopping trips, thus making it easier for consumers to combine visits to multiple stores in outlet shopping centers and buy the items required for their consumption goals. Outlet shopping centers must also offer assortments with both breadth and depth in order to help consumers play the social roles their social networks have given them.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.3-19
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• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.87-109
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• 2014

This article examines the regime for the recognition, enforcement and execution of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes(ICSID). The effectiveness of international arbitration depends on the degree of finality of the award and the ease with which the award may be enforced by the prevailing part. The ICSID Convention provides for rigorous finality and seeks to establish optimal preconditions for the enforcement of awards in manner that distinguishes ICSID from other international arbitral regimes. As with other classes of disputes subject to judical or arbitral jurisdiction, most ICSID cases settle. In the cases that do proceed to award, participants must understand what will happen if the losing party fails to comply with the award voluntarily and the prevailing party takes the award through phases known as "recognition", "enforcement" and "execution". Investors should assess possible execution before finalizing investments and certainly before they initiate collection proceedings on ICSID awards. An investor with a monetary award in hand should attempt to locate assets of the losing State and then obtain comparative law advice to identify jurisdictions that allow attachment of at least certain categories of sovereign assets.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.45-66
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• 2018

Two years ago, an emergency arbitrator procedure in accordance with the international arbitration rule has been finally adopted in Korea?a decade after its introduction. Arbitral institutions provide interim measures in the course of tribunal proceedings to avoid litigation in open court that is often expensive and time-consuming. An emergency arbitrator procedure offers an urgent relief prior to the constitution of an arbitral tribunal, thus enhancing the speed and effectiveness of the arbitration procedure even further. Although most of the arbitral institutions interpret that the emergency arbitration rulings are binding on the parties, enforcing the emergency arbitration provisions have some difficulties in practice, and it is not clear whether or not arbitral interim measures will be enforceable under the newly adopted provisions in Korea. In this study, experiences in other countries are explored in seeking for the possible problems and solutions of enforcing the emergency arbitration rulings. For example, Singapore and Hong Kong insert terms such as "finality," "enforceable in the same manner as an order or direction of the Court," "same effect as an arbitral tribunal or interim measures" in their emergency arbitrator legislation to enhance enforcement. Moreover, "urgency inherent" are considered.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.3-20
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• 2010

Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

• Convergence Security Journal
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• v.20 no.1
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• pp.3-8
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• 2020

Blockchain can enhance data transparency and security through decentralized data management that is out of the centralized system. permissioned blockchain of the blockchain platform, only trust-based authorized nodes can participate in the distributed network. Considering the characteristics of the permissioned blockchain, it is necessary to consider the network communication speed, transaction finality agreement, and stability as a condition for selecting the consensus algorithm. The consensus algorithms of the permissioned blockchain environment are diverse such as PoA, PBFT, Raft, etc., but there are no various evaluation factors for selecting consensus algorithms. In this paper, various performance evaluation factors are proposed to analyze the characteristics of each consensus algorithm of the permissioned blockchain and to select an efficient consensus algorithm considering the characteristics of the user environment that composes the network. The proposed performance evaluation factor can consider the network speed, stability, and consensus of the finality agreement between nodes under the premise of trust. Through this, a more efficient blockchain network environment can be constructed.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.3-54
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• 2002

When the ruling of Foreign Arbitral Awards contradicts the public policy of the enforcement state, it can be a ground for a refusal to enforce the ruling. New York Convention V section 2, UNCITRAL section 36, and Korean arbitration law section 36 confirm this principle. The final ruling of international arbitral awards should be respected according to the international convention or the principle of reciprocity, which cancel out the above principle: when the ruling contradicts the country's public policy, it can be refused to enforcement. Since the Helsinki General Convention, ILA have studied upon it and presented the final report and recommendation during the 2002 New Delhi General Convention. In it, firstly, the finality of awards rendered in the context of international commercial arbitration should be respected save in exceptional circumstances. Secondly, every state is recommended the “international public policy”, on which it can refuse to follow the ruling of international arbitral awards, and advised to respect it as far as possible.