• 제목/요약/키워드: Governing

검색결과 4,670건 처리시간 0.03초

국제상사중재에서 중재합의의 준거법 결정기준 - 영국 대법원의 2021년 Kabab-Ji SAL v Kout Food Group 판결을 중심으로 - (The Governing Law of Arbitration Agreements Issues in International Commercial Arbitration : A Case Comment on Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48)

  • 김영주
    • 한국중재학회지:중재연구
    • /
    • 제32권2호
    • /
    • pp.3-30
    • /
    • 2022
  • On 27 October the Supreme Court of UK handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48. The issues for the Supreme Court to decide were as follows: (1) which law governed the validity of the arbitration agreement; (2) if English law applied, whether, as a matter of English law, there was any real prospect that a court might find that KFG became a party to the arbitration agreement, and (3) whether, procedurally, the Court of Appeal was correct in giving summary judgment refusing recognition and enforcement the award, or whether there should have been a full rehearing of whether there was a valid and binding arbitration agreement for the purposes of the New York Convention and the AA 1996 (the 'procedural' issue) The decision in Kabab-Ji provides further reassuring clarity on how the governing law of the arbitration agreement is to be determined under English law where the governing law is not expressly stated in the arbitration agreement itself. The Supreme Court's reasoning is consistent with its earlier decision on the same issue, albeit in the context of enforcement pursuant to the New York Convention, rather than considering the arbitration agreement before an award is rendered. This paper presents some implications of Kabab-Ji case. Also, it seeks to provide a meaningful discussion and theories on the arbitration system in Korea.

이동 경계를 갖는 얕은 아치의 동적 모델과 지배방정식 (Dynamic Model and Governing Equations of a Shallow Arches with Moving Boundary)

  • 손수덕;하준홍;이승재
    • 한국공간구조학회논문집
    • /
    • 제22권2호
    • /
    • pp.57-64
    • /
    • 2022
  • In this paper, the physical model and governing equations of a shallow arch with a moving boundary were studied. A model with a moving boundary can be easily found in a long span retractable roof, and it corresponds to a problem of a non-cylindrical domain in which the boundary moves with time. In particular, a motion equation of a shallow arch having a moving boundary is expressed in the form of an integral-differential equation. This is expressed by the time-varying integration interval of the integral coefficient term in the arch equation with an un-movable boundary. Also, the change in internal force due to the moving boundary is also considered. Therefore, in this study, the governing equation was derived by transforming the equation of the non-cylindrical domain into the cylindrical domain to solve this problem. A governing equation for vertical vibration was derived from the transformed equation, where a sinusoidal function was used as the orthonormal basis. Terms that consider the effect of the moving boundary over time in the original equation were added in the equation of the transformed cylindrical problem. In addition, a solution was obtained using a numerical analysis technique in a symmetric mode arch system, and the result effectively reflected the effect of the moving boundary.

제주지역 한우의 소 바이러스성 설사병 바이러스 감염실태 (Prevalence of bovine viral diarrhea virus from Korean native cattle farms in Jeju)

  • 조성철;양형석;박창남;김시택;고은주;손원근
    • 대한수의학회지
    • /
    • 제63권2호
    • /
    • pp.12.1-12.7
    • /
    • 2023
  • Bovine viral diarrhea virus (BVDV) is an RNA virus belonging to Pestivirus in the family Flaviviridae. BVDV has economic significance for the livestock industry because of its association with acute disease, fetal loss, and birth of persistently infected (PI) animals. This study aimed to investigate the BVDV infection rates in Korean native cattle farms in Jeju for further planning of a BVDV control program in the Jeju Province. BVDV antibodies and antigens were tested in 15,842 sera collected from 302 Korean native cattle herds between January 2014 and June 2017 using enzyme-linked immunosorbent assay (ELISA). Viral antigen was detected by reverse transcription-polymerase chain reaction from 60 sera that were antigen ELISA-positive. BVDV antibodies were found in 90.7% (274/302) herds and 61.1% (9,678/15,842) cows. BVDV antigens were found in 13.2% (40/302) herds and 0.4% (61/15,842) cows. The oldest animal group (> 8 years) exhibited the highest sero-positive rates (91%), while the youngest animal group (< 1 years) had the highest antigen positivity rates (0.52%). Of the 60 antigen-positive sera, BVDV types 1 and 2 were found in 36 and 12 sera, respectively. Additionally, six animals were considered to be PI as BVDV was continually detected in annual examination.

Investigation of shear strength models for exterior RC beam-column joint

  • Parate, Kanak;Kumar, Ratnesh
    • Structural Engineering and Mechanics
    • /
    • 제58권3호
    • /
    • pp.475-514
    • /
    • 2016
  • Various models have been proposed by several researchers for predicting the exterior RC beam-column joint shear strength. Most of these models were calibrated and verified with some limited experimental database. From the models it has been identified that the joint shear strength majorly depends on ten governing parameters. In the present paper, detailed investigation of twelve analytical models for predicting shear strength of exterior beam-column joint has been carried out. The study shows the effect of each governing parameter on joint shear strength predicted by various models. It has been observed that the consensus on effect of few of the governing parameters amongst the considered analytical models has not been attained. Moreover, the predicted joint strength by different models varies significantly. Further, the prediction of joint shear strength by these analytical models has also been compared with a set of 200 experimental results from the literature. It has been observed that none of the twelve models are capable of predicting joint shear strength with sufficient accuracy for the complete range of experimental results. The research community has to reconsider the effect of each parameters based on larger set of test results and new improved analytical models should be proposed.

제주지역 돼지에서 Salmonella Typhimurium 항체가 조사 (Seroprevalence of Salmonella Typhimurium in the pigs raised in Jeju Province, Korea)

  • 양형석;강완철;고진아;배종희;김재훈
    • 한국동물위생학회지
    • /
    • 제38권2호
    • /
    • pp.71-75
    • /
    • 2015
  • Porcine salmonellosis is an economically important disease affecting the global pig industry today. Salmonella (S.) Typhimurium is highly contagious and may rapidly spread within pig populations of herd. To investigate the prevalence of porcine salmonellosis in Jeju, a total of 12,885 blood sera of 96 pig farms from 2009 to 2012 were analyzed by microplate agglutination test. Antibodies to S. Typhimurium were detected in all of pig farms tested in Jeju Province, and the mean of seropositive rate of individual pig was 18.8%. The mean seropositive rate of S. Typhimurium in sows (46.7%) was 7 times higher than that of weaned or growing pigs (6.7%). The lowest seropositive rate (3.0%) was detected in 40 day-old pigs, and this result might be closely associated with the marked decrease of maternal passive immunity. The seropositive rate in winter (42.7%) was higher than in other seasons.

다차원 유한요소법을 이용한 웹 기반의 범용적 편미분 방정식 해석 모형의 개발 및 적용 - I. 모형의 개발 - (Web based General Partial Differential Equation Solver using Multidimensional Finite Element Method - I. Model Development -)

  • 김준현;한영한
    • 환경영향평가
    • /
    • 제10권4호
    • /
    • pp.319-326
    • /
    • 2001
  • This study is aimed at the development of a comprehensive web-based partial differential equation solver (WPDES) using multidimensional finite element method, which can be operated on the basis of world wide web. Overall issues of engineering and environmental information management and facility control could be implemented using this solver. This paper describes the development technique of the model, which is first part on development of partial differential equation solver. Conventional commercial general solver of computational fluid dynamics problems were investigated. All the relevant environmental models were analyzed to develop integrated environmental management system using WPDES. The governing equations and the parameters of investigated models were analyzed and integrated. Several numerical modules were invented for each partial differential term in partial differential equation of many related modeling problems. Each module was coded in the fashion of object oriented method, and was combined independently for the overall governing equation. WPDES has unique characteristic, which can analyze the problem through the suitable combination of modules without development of additional models for each environment problem with different governing equation, main variables, and parameters.

  • PDF

수출금융에 있어서 채권양도계약의 준거법에 대한 소고 (A Study on Governing Rule in Export Financing Related Account Receivable Assignment)

  • 오원석;한기문
    • 무역상무연구
    • /
    • 제49권
    • /
    • pp.89-109
    • /
    • 2011
  • Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

  • PDF

경사진 원형관에서 표면장력과 중력에 의한 비뉴턴 유체(멱법칙 모델)의 유동 및 변위 (Flow and Displacement of Non-Newtonian Fluid(Power-Law Model) by Surface Tension and Gravity Force in Inclined Circular Tube)

  • 모정하
    • 대한기계학회논문집B
    • /
    • 제38권1호
    • /
    • pp.9-16
    • /
    • 2014
  • 본 논문은 경사진 원형관에서 표면장력과 중력으로 구동되는 비뉴턴 유체(멱법칙 모델)의 유동 및 변위를 이론적으로 연구한 것이다. 그리고 표면장력에 의하여 연속적으로 원형관 내로 유입되는 비뉴턴 유체의 변위를 기술하기 위한 지배방정식을 처음으로 개발하였다. 뉴턴의 운동방정식으로부터 유도된 식은 2계 비선형이며 비제차인 형태의 상미분 방정식이다. 지배방정식의 해를 수평관에서 변위를 시간의 함수로 기술한 식 및 실험과 비교한 결과 정량적으로 동일한 일치를 보였다. 여기에 더하여 정상상태인 힘의 균형식의 결과에 대해서도 정확한 일치로 나타남을 확인할 수 있었다.

ER 현가장치 및 ER 브레이크를 적용한 전체차량의 거동분석 (Maneuver Analysis of Full-vehicle Featuring Electrorheological Suspension and Electrorheological Brake)

  • 성금길;최승복
    • 한국소음진동공학회논문집
    • /
    • 제17권5호
    • /
    • pp.464-471
    • /
    • 2007
  • This paper presents a maneuver analysis of a full-vehicle featuring electrorheological(ER) suspension and ER brake. In order to achieve this goal, an ER damper and an ER valve pressure modulator are devised to construct ER suspension and ER brake systems, respectively. After formulating the governing equations of the ER damper and ER valve pressure modulator, they are designed and manufactured for a middle-sized passenger vehicle, and their field-dependent characteristics are experimentally evaluated. The governing equation of motion for the full-vehicle is then established and integrated with the governing equations of the ER suspension and ER brake. Subsequently, a sky-hook controller for the ER suspension and a sliding mode controller for the ER brake are formulated and implemented. Control performances such as vertical displacement and braking distance of vehicle are evaluated under various driving conditions through computer simulations.

유입수의 기계적 여과 후 자외선 살균에 의한 넙치 치어의 질병 저감 사례 연구 (Effect of UV disinfection following mechanical filtration for influent seawater on decrease in disease outbreak of juvenile olive flounder (Paralichthys olivaceus))

  • 강봉조;장영환;전봉근;박범희;신동혁
    • 한국어병학회지
    • /
    • 제28권3호
    • /
    • pp.125-131
    • /
    • 2015
  • 본 연구는 기계적 여과 후 자외선 살균처리한 양식장 유입수의 살균효율과 넙치 치어의 질병저감 효과를 평가하였다. 유입해수의 살균효율은 99.27%로 조사되었고, 기계적 여과 및 UV 살균처리 해수로 4개월 동안 사육한 넙치 치어는 대조구에 비하여 20~30%의 폐사율 저감효과가 관찰되었다.