• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.111-140
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• 2007

This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

• Language and Information
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• v.2 no.1
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• pp.106-115
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• 1998

It has been suggested in the linguistics literature that quantification and distributivity are closely related phenomena and some linguists claimed that distributivity should be marked on quantifiers(determiners) as well as on predicates. I would challenge the claim that quantificational determiners should be classified in terms of distributivity. I suggest, on the empirical grounds, that distributivity is essentially a phenomenon over(one-place) predicates in a broad sense.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.33-55
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• 2007

Parties to national or international disputes use arbitration because they think it is faster than litigation or affords privacy. But it is very important for the parties that the decision of arbitrators is made impartially and independently. For the parties to accept the outcome of an arbitration, it is essential that the final outcome be the result of an impartial process, especially because arbitration is a form of adjudication, albeit a private one. The success of arbitration resides in the conduct of arbitrators. The more independent and impartial arbitrators are, the more trustworthy arbitration will be. Just as court procedures allow for the recusal of judges under certain circumstances, the arbitral process provides means to remove arbitrators from a tribunal if arbitrator can no longer be considered impartial or independent. This is blown as the disqualification or challenge of arbitrators. An arbitrator can also be challenged when he or she does not fulfill the contactually agreed and stipulated qualifications required by the arbitral agreement. An arbitrator's inability to act impartially could give rise to a challenge to the arbitrator, and even to the award. However, deciding whether an interest or relationship could give rise to an apprehension of bias is a difficult issue for every arbitrator. The standard of arbitrator's impartiality and independence is not commensurable to that of judge, because the parties are permitted considerable autonomy in selecting arbitrators. Particularly it may be expected for the party-appointed arbitrator to act as the advocate of the party in the deliberations of the tribunal. Doubts that could give rise to a challenge to the arbitrator should be justifiable. That is the case if a reasonable, informed third party would conclude that the arbitrator's decision making might be influenced by factors other than evidence presented by the parties. Consequently, for example, the mere fact that an arbitrator was to work in the same firm as one of the parties' counsel, this could not automatically be considered as grounds for challenge for lack of impartiality.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.51-88
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• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• Journal of the Korean Institute of Landscape Architecture
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• v.30 no.3
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• pp.57-63
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• 2002

This landscape design was proposed for the Buchon Special School Competition, held by the Kyonggi Province Office of Education. The authors collaborated on this design and won first prize in November of 2001. In the design proposal, on the basis of the knowledge of; mentally retarded children the children's activities, nature and health, and the healing gardens, the special school outdoor spaces were designed to meet the particular needs of the users. The school outdoor spaces are design for various types of users-children, adolescents, parents, siblings, staff, volunteers and visitors. The following are some of the basis concerns in the design of the school outdoor spaces : garden site planning, garden location, security, microclimate, entering and exiting, accessibility, usability, user group territories, supervision, attracting trained volunteers, a range of high-quality social settings, accommodation of different student types, accommodation of needs for both challenge and rest, child nature interaction, diversity of natural settings, hands-on activity, integrating the arts, and maintenance. The following are some of the major features in the design of school outdoor spaces : pleasant and inviting entry areas, sports grounds with different levels of challenge, gardens with plants having strong fragrances and/or tactile qualities, resting places with many types and forms of seating and weather-mitigating features, play grounds for all student types, roof gardens for users to experience nature in man-made environments, and walkways and winding paths with various trees, shrubs and flowers. In the special school outdoor spaces, people would perceive a unique sense of place through the various types of spaces and features described above. An example of the true meaning of a playing and resting place and a restorative and therapeutic environment is provided in the school outdoor spaces.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.161-184
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• 2020

In the process of the annulment of arbitral awards, the Swiss Federal Supreme Court contributes to keeping Switzerland as a venue for international arbitration. Challenges to an award rendered in Switzerland are handled by the Swiss Supreme Court only. Furthermore, the Swiss law provides extremely limited grounds (PILA 190) for the potential challenge of the award and those are different from what model law countries have. For example, violations of the parties' agreed procedural arrangements will not be grounds for the annulment of an award in Swiss. In arbitration, the intervention of a national court is necessary to protect justice but at the same time, it can impede the process of arbitration, even making it useless. Limited intervention of the Swiss Supreme Court protects the efficiency, autonomy, and justice of international arbitration. International Arbitration has to be simple and fast to solve complex international commercial problems and to promote trade. Therefore, the process and technique to be applied on an Arbitration-friendly Swiss court should be considered.

• Composites Research
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• v.36 no.4
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• pp.264-269
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• 2023

Spent coffee grounds (SCG) are a ubiquitous byproduct of coffee consumption, representing a significant waste management challenge, as well as an untapped resource for economic development and sustainability. Improper disposal of SCG can result in environmental problems such as methane emissions and leachate production. This study aims to investigate the physicochemical properties of SCG and their potential as a reinforcement material in polypropylene (PP) to fabricate an eco-friendly composite via extrusion and injection molding, with SCG filler ratios ranging from 5-20%. To evaluate the effect of SCG on the morphological and mechanical properties of the bio- composite, thermogravimetric analysis, SEM, tensile, flexural, and impact tests were conducted. The results demonstrated that the addition of SCG lead to a slight increase in brittleness of the composite but did not significantly affect its mechanical properties. Impressively, the presence of a significant organic component in SCG contributed to the enhanced thermal performance of PP/SCG composites. This improvement was evident in terms of increased thermal stability, delayed onset of degradation, and higher maximum degradation temperature as compared to pure PP. These findings suggest that SCG has potential as a filler material for PP composites, with the ability to enhance the material's properties without compromising overall performance.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.3-22
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• 2021

This article examines the Challenge through Annulment of ICSID Arbitral Awards. Either party may request annulment of the award by applying in writing addressed to the ICSID Secretary-General on one or more of the grounds under Article 52 of the ICSID Convention. The annulment proceedings must focus on the award itself. Because committees have no inherent supremacy over the arbitral tribunal, they should not review the tribunal's findings on evidence, damage, interest, and cost findings. Otherwise, the parties would have, in effect, two opportunities, and that will almost certainly weaken the reliability of the entire ICSID system. In short, because of the limited scope of review under ICSID annulment and because annulment is not an opportunity for the parties to re-try the case, committees should not allow new arguments or new evidence. Since an annulment committee is not a court of appeals, it cannot create a new res judicata. Committees can only decide not to annul an award, thus confirming the existing res judicata or annul the award, in which case the affected decision ceases to be res judicata. An obvious annulment decision stipulating which particular findings of the award remain res judicata should prevent any uncertainty in resubmission proceedings.

• Journal of KIBIM
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• v.8 no.1
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• pp.24-32
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• 2018

A construction machine guidance system is an assistance system that helps construction equipment operators dig grounds during excavation work at a construction site. This system has long been applied in the overseas countries of the United States, Japan and Europe. However, the system has not been paid much attention in Korea. The objective of this paper is to present a business model for adopting construction machine guidance systems in Korea and evaluate the effectiveness of applying the system to excavation work. The business model in this study shows a new process of applying construction machine guidance system, business stakeholders and revenues, and suggests the benefits to the business stakeholders. A field test of the construction machine guidance system proves that the system can be applied as a tool that can improve the productivity of excavation work. This productivity improvement consequently demonstrates that the business model in this study is a prospective challenge in improving the effectiveness of excavation work at the construction site.

• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.