• Title/Summary/Keyword: ICC

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Main Issues and Implications of ICC's 2019 Updated Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration: A Focus on ICC's Policy on the Publication of Information Regarding Arbitral Tribunals and Awards (2019년 개정 ICC 중재 진행에 관한 당사자 및 중재판정부 지침의 주요내용과 시사점: ICC의 중재판정부 정보 공개 및 중재판정의 발간 정책을 중심으로)

  • Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.65-88
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    • 2019
  • The ICC International Court of Arbitration ('the ICC') has published the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration ('2019 Revised Note) which came into force on the 1st of January 2019. The 2019 Revised Note is aimed at providing parties and arbitral tribunals with practical guidance regarding the conduct of arbitrations pursuant to the ICC Arbitration Rules as well as the practices of the ICC. Unless otherwise stipulated, the 2019 Revised Note applies to all ICC arbitration cases, regardless of the version of the ICC Arbitration Rules, in accordance with which they are conducted. The most noteworthy amendment is the introduction of provisions on a new mandatory transparency system by setting forth the publication of the arbitration case data and arbitral awards, maintaining the rule stipulating the provision of information regarding arbitral tribunal under the ICC 2016 Note. Among others, the 2019 Revised Note provides that parties and arbitrators in ICC arbitrations accept that ICC awards made as of the 1st of January 2019 may be published, excluding some exceptions. Under this circumstance, this paper i) explains five amendments of the 2019 ICC Revised Note, ii) examines major issues regarding the publication of information of arbitral tribunal and awards, iii) makes a comparative analysis of that attitude of 11 international arbitration institutions, and lastly iv) suggests recommendations for the Korean arbitration community.

A study on the evaluation and improvement of ICC e far domestic CRT color monitors (국산 CRT모니터 ICC 프로파일의 평가 및 개선에 관한 연구)

  • 김홍석;박승옥;정연우;김성현
    • Korean Journal of Optics and Photonics
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    • v.12 no.6
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    • pp.452-459
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    • 2001
  • ICC profiles of output devices are necessary to solve the problem of color inconsistency between output devices. Therefore, output device manufacturers are offering ICC profiles that encode each model\`s color characteristics according to the specification decided in ICC (International Color Consortium). In this study, a program that can decode data of ICC profile was composed and evaluated the present condition of ICC profile files of domestic CRT monitor. As a result of comparing the ICC profiles of various model\ulcorner selling since 1999 from LG and Samsung companies, it was found that ICC profiles that are made at a similar time are the same regardless of model\`s specification and in some profiles, extraordinary data are saved. Accordingly, it can be said that current ICC profiles are made independently of the real monitor\`s color characteristics. This paper shows how color characteristics of a real monitor are affected by the control of brightness and color temperature, and proposes that the ICC profile has to be made from the data. measured in the optimum brightness state at each color temperature setting.

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The ICC Scrutiny Process and Enhanced Enforceability of Arbitral Awards

  • Flecke-Giammarco, Gustav
    • Journal of Arbitration Studies
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    • v.24 no.3
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    • pp.47-77
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    • 2014
  • Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.

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A Study on the Appointment and Confirmation of the Arbitrators in ICC Arbitration (ICC중재(仲裁)에서 중재인(仲裁人) 선정(選定)과 확인(確認)에 관한 연구(硏究))

  • Oh, Won-Suk;Kim, Yong-Il
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.23-41
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    • 2007
  • The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institutional arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

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The Korean language version of Stroke Impact Scale 3.0: Cross-cultural adaptation and translation

  • Lee, Hae-jung;Song, Ju-min
    • Journal of the Korean Society of Physical Medicine
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    • v.10 no.3
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    • pp.47-55
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    • 2015
  • PURPOSE: Stoke is one of most common disabling conditions and it is still lacking of measuring patient's functioning level. The aim of the study was to develop Korean language version of stroke impact scale 3.0. METHODS: Korean version of stroke impact scale 3.0 was developed in idiomatic modern Korean with a standard protocol of multiple forward and backward translations and an expert reviews to achieve equivalence with the original English version. Interviews with clinicians who were currently managing patients with stroke were also conducted for language evaluation. A reliability test was performed to make final adaptation using a pre-final version. To assess the reliability of the translated questionnaire, the intraclass correlation coefficient (ICC) was calculated for each domain of the scale. RESULTS: Thirty subjects (16 male, 14 female) aged from 20 to 75 years old participated to review the translated questionnaire. Reliability of each domain of the questionnaire was found to be good in strength (ICC=0.74), ADL (ICC=0.81), mobility (ICC=0.90), hand function (ICC=0.80) and social participation (ICC=0.79), communication (ICC=0.77) with total (ICC=0.76). However, domains of memory and thinking (ICC=0.66), and emotion (ICC=0.27) and showed poor reliability. CONCLUSION: This study indicates that the Korean version of SIS 3.0 was successfully developed. Future study needed for obtaining the validity of the Korean version of SIS 3.0.

A Study on the Application and Its Implications of ICC Guidelines for the Creation of BPO Customer Agreements (BPO 고객약정을 위한 ICC 가이드라인의 운용과 그 시사점에 관한 연구)

  • Chae, Jin-Ik
    • Korea Trade Review
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    • v.42 no.2
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    • pp.345-367
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    • 2017
  • A bank payment obligation(BPO) has been introduced as a new alternative instrument for trade payments based on a technology and data-driven mechanisms aimed at facilitating an electronic trading in international trade transactions. The BPO is governed by URBPO which was in effect as of July 1, 2013. The URBPO only applies to inter-bank relationships because the BPO is bank-to-bank payment obligation, not a bank-to-customer obligation. The URBPO does not cover the interaction between a bank and their customer. For this reason, the standard bank-customer guidelines on BPO agreements were required to prepare the agreements between the banks and their customers. Accordingly, the International Chamber of Commerce established "ICC Guidelines for the creation of BPO Customer Agreements" for the settlement and development of the BPO by supporting banks in creating contracts or agreements with their customers. So, This study is to review its establishment purpose and to present the implications by analyzing the ICC guidelines. This study was based on documentary research focusing mainly on the ICC Guidelines and the appendix.

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Comparison and Analysis of ICC Monitor Profiles (색 관리용 모니터 프로파일의 비교 분석)

  • 김홍석;박승옥;정연우
    • Proceedings of the Optical Society of Korea Conference
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    • 2001.02a
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    • pp.274-275
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    • 2001
  • 컬러영상은 디스플레이 장치의 색 특성에 따라 색이 다르게 나타나며 또한 프린터로 출력된 인쇄물의 컬러 또한 장치의 특성과 잉크의 재질에 따라 색이 다르게 출력된다. 이에 장치 독립적인 색을 재현하고자 ICC (International Color Consortium )에서는 영상 입출력 장치들 간의 장치 독립적인 색을 표현하기 위한 ICC 프로파일을 제시하였으며, 현재 많은 색 보정 프로그램들이 이것을 따른다. 이로 인해 현재 출시되는 입출력 장치들은 ICC 프로파일을 기본으로 제공하고 있으나. 현재 배포되는 ICC 프로파일이 담고있는 정보를 바탕으로 IC 프로파일들의 문제점을 알아보고자 ICC 프로파일을 해독하는 프로그램을 제작하여 일반적으로 많이 사용되는 디스플레이 장치들의 프로파일을 읽어 데이터를 비교ㆍ분석하였다. (중략)

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A Study on Some Issues of Business and Law in relation to ICC Model Turnkey Contract - Focusing on ICC Model Contract for Turnkey Supply of Industrial Plant (ICC모델 턴키 계약의 쟁점에 관한 연구 - ICC Model Contract for Turnkey Supply of Industrial Plant를 중심으로 -)

  • Kim, Kyoung-Ok;Kim, Dae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.189-209
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    • 2012
  • This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

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A Study on the International Chamber of Commerce (ICC) Rules of Arbitration 2012 (국제상업회의소(ICC) 중재규칙의 2012년 개정내용에 관한 검토)

  • Kim, Young-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.125-154
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    • 2012
  • The International Chamber of Commerce (ICC) has published revised rules of arbitration, which come into force on 1 January 2012 (the ICC Rules 2012). The ICC Rules 2012 apply to all arbitrations commenced on or after 1 January 2012, unless the parties have agreed to submit their arbitration to the rules in effect on the date of their arbitration agreement (Article 6(1)). The ICC Rules 2012 explicitly require both the arbitrators and the parties to make every effort to conduct the arbitration in an expeditious and cost-effective manner. The changes will force participants to define more aspects of their claims and outline the merits of the dispute earlier on in the process. The Rules also contain new penalties for behaving in a way that undermines the process's efficiency. The new Rules permit the tribunal, when making allocating costs, to take into account the extent to which each party has conducted the arbitration in an expeditious and cost-effective manner. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations. The ICC Rules 2012 take into account developments in arbitration practice and procedure, and in information technology, since the last revision of the rules in 1998, the aim being to provide modern and flexible procedures that promote efficiency in the arbitral process.

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Review of the KCAB International Arbitration Rules, Recently Revised, in Comparison with the Revised ICC Arbitration Rules (대한상사중재원 국제중재규칙의 개정 동향 - ICC 중재규칙의 개정과 비교하여 -)

  • Park, Won-Hyung
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.159-176
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    • 2012
  • The Korean Commercial Arbitration Board (KCAB) recently revised its International Arbitration Rules in a way that reflects its efforts to advance its procedures, leading directly to improved competitiveness as an arbitration institute. Apart from certain limitations, the KCAB's international arbitration rule revision introduced several new arbitration mechanisms, including fast-track arbitration and an empowered administrative office. The International Chamber of Commerce (ICC) released a revised set of arbitration rules (ICC Arbitration Rules), which have been said to be probably the most consulted-on arbitration rules ever. Even though the changes codify existing ICC court practice and add to the 1998 rules only provisions felt necessary in light of input from the users of arbitration, some of the changes will have huge implications for future aspects of arbitration mechanisms, especially those of KCAB. Although it remains to be seen what impact the ICC Arbitration Rules will have in practice, the new rules have been well received by the arbitration community and represent a modern set of provisions consistent with the current needs of the users of international arbitration. That is why, here in the Korean arbitration environment, further research is needed on the possibilities of introducing several elements of the revised ICC Arbitration Rules to improve the speed and cost efficiency of international arbitration.

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