• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.275-295
• /
• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.337-370
• /
• 2009

The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.3-26
• /
• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.

• Magazine of the Korea Concrete Institute
• /
• v.21 no.3
• /
• pp.31-41
• /
• 2009

• Journal of Korean Physical Therapy Science
• /
• v.16 no.4
• /
• pp.49-57
• /
• 2009

Background: The purpose of this study was to assess the test-retest reliability of balance measurements in older adults using balance measurement system(Good Balance). Methods: The subjects consisted of 49 female and 20 male in community-dwelling older adults. This study used a repeated-measure design. Each subject completed all the different tests once and they were then repeated with 2 minutes in between. Repeated two-ways analysis of variance(ANOVA), representing two test times and both sexes, was calculated for each of the two dependent variables. Intraclass correlation coefficients(ICCs) were used to assess the test-retest reliability. Results: 1) There was not significant difference between test and retest for mediolateral sway speed and anterioposterior sway speed under conditions of normal standing with eyes open, normal standing with eyes closed and semitandem standing with eyes open. There was not significant difference between males and females for mediolateral sway speed and anterioposterior sway speed under conditions of normal standing with eyes open, normal standing with eyes closed and semitandem standing with eyes open. There were not the interaction effects between genders and test time under three conditions. 2) The reproducibility between test and retest was excellent for anterioposterior sway speed(ICC=.77) under condition of normal standing with eyes open, and for mediolateral sway speed(ICC=.76) and anterioposterior sway speed(ICC=.84) under condition of semitandem standing with eyes open. The reproducibility between test and retest was fair to good for mediolateral sway speed(ICC=.64) under condition of normal standing with eyes open, for mediolateral sway speed(ICC=.63) and anterioposterior sway speed(ICC=.75) under condition of normal standing with eyes closed. Conclusion: Balance tests in older adults using balance measurement system(Good Balance) demonstrated acceptable levels of reliability.

• The Transactions of The Korean Institute of Electrical Engineers
• /
• v.58 no.6
• /
• pp.1246-1254
• /
• 2009

The reproducibility of initial value and change over time of surface EMG spike variables(MSA, MSF, MSS, MSD) was investigated in the biceps brachii muscle of 11 healthy subjects. Surface EMG signals were recorded during sustained isometric voluntary contractions for 30 seconds at three contraction levels, 20%, 50%, and 80%MVC, respectively. Each contraction was repeated three times in each of three different days for a total of nine contractions and 99 contractions per %MVC level across the eleven subjects. A total of 297 EMG signals across the different trials, days, subjects, and %MVC levels was saved for the subsequent analysis. The degree of reproducibility was investigated using the intraclass correlation coefficient(ICC) and the standard error of the mean(SEM) based upon the analysis of variance(ANOVA), Results for intercept showed higher reproducibility of the spike variables with about 60%-98% ICC than the variable(ARV, MNF) which had been analyzed before in other researches. And results for slope showed poor reproducibility of the spike variables with about 30%-70% ICC and they were comparable with the variables of other researches.

• Journal of Arbitration Studies
• /
• v.19 no.1
• /
• pp.25-44
• /
• 2009

The purpose of this parer is to examine the specifies of Institutional Arbitration and Ad Hoc Arbitration. The court prefers the institutional award in the enforcement rather than the award issued under the name of arbitrators alone. For example, the ICC Court of Arbitration scrutinizes awards for completeness, adherence to the ICC Rules and internal consistency, which since the court assurance for enforcement. In terms of arbitration costs, for which the ad hoc arbitration is considered to have comparative advantages, the institutional arbitration may not be more expensive than ad hoc arbitration, as in most commercial case, the administrative fees are insignificant. This paper suggests the standard or model arbitration clauses in institutional and ad hoc arbitrations. These Clauses contains the minimum elements necessary to render the arbitration agreement enforceable and effective. So both parties may add the specific contents such as the number of arbitrator, the place of arbitration and the language. Especially, in Ad Hoc Arbitration without designated set of rules, more clean clause for appointing arbitrators will be needed.

• Journal of Korean Neurosurgical Society
• /
• v.52 no.3
• /
• pp.200-203
• /
• 2012

Objective : The sub-axial injury classification (SLIC) and severity scale was developed to decide whether to operate the cervical injured patient or not, but the reliability of SLIC and severity scale among the different physicians was not well known. Therefore, we evaluated the reliability of SLIC among a spine surgeon, a resident of neurosurgery and a neuro-radiologist. Methods : In retrograde review in single hospital from 2002 to 2009 years, 75 cases of sub-axial spine injured patients underwent operation. Each case was blindly reviewed for the SLIC and severity scale by 3 different observers by two times with 4 weeks interval with randomly allocated. The compared axis was the injury morphology score, the disco-ligamentous complex score, the neurological status score and total SLIC score; the neurological status score was derived from the review of medical record. The kappa value was used for the statistical analysis. Results : Interobserver agreement of SLIC and severity scale was substantial agreement in the score of injury morphology [intraclass correlation (ICC)=0.603] and total SLIC and severity sacle (ICC value=0.775), but was fair agreement in the disco-ligamentous complex score (ICC value= 0.304). Intraobserver agreements were almost perfect agreement in whole scales with ICC of 0.974 in a spine surgeon, 0.948 in a resident of neurosurgery, and 0.963 in a neuro-radiologist. Conclusion : The SLIC and severity scale is comprehensive and easily applicable tool in spine injured patient. Moreover, it is very useful tool to communicate among spine surgeons, residents of neurosurgery and neuro-radiologists with sufficient reproducibility.

• Asian Pacific Journal of Cancer Prevention
• /
• v.14 no.2
• /
• pp.1107-1110
• /
• 2013

Intrahepatic cholangiocarcinoma (ICC), one of the primary liver cancers, is frequent in the northeastern part of Thailand. Surgical resection remains the best method of treatment, but patients suffering from ICC usually present at a late stage of the disease. Studies of survival and prognostic factors after surgery remain rare. The aim here was to evaluate the survival rate and factors affecting the survival of patients with intrahepatic cholangiocarcinoma after surgery. The study used a retrospective cohort design. The subjects were 73 consecutive patients with ICC, who were admitted for surgery to Srinagarind Hospital, Khon Kaen University, during the period 2005-2009. The censoring date was 31 December, 2011, data being evaluated using uni- and multivariate analyses. Postoperative survival analysis was performed by the Kaplan-Meier method, and the Cox proportional hazard model was used to identify independent prognostic factors. The total follow-up time was 99 person-years. The total number of deaths was 59, giving a mortality rate of 59 per 100 person-years. The cumulative 1-, 3-, and 5-year survival rates were 52.1%, 21.7%, and 11.2%, respectively. The median duration of survival after resection was 12.4 months. Univariate analysis revealed stage of disease, lymph node metastasis, histological type, histological grade and macroscopic classification to be statistically significant (p-value<0.05) prognostic factors. In the multivariate analysis, only macroscopic classification was statistically significant (p-value<0.05). In conclusion, macroscopic classification was the only independent factor found to be significantly associated with survival following surgical treatment of ICC.

• Molecules and Cells
• /
• v.27 no.3
• /
• pp.307-312
• /
• 2009

The interstitial cells of Cajal (ICC) are pacemaking cells required for gastrointestinal motility. The possibility of whether DA-9701, a novel prokinetic agent formulated with Pharbitis Semen and Corydalis Tuber, modulates pacemaker activities in the ICC was tested using the whole cell patch clamp technique. DA-9701 produced membrane depolarization and increased tonic inward pacemaker currents in the voltage-clamp mode. The application of flufenamic acid, a non-selective cation channel blocker, but not niflumic acid, abolished the generation of pacemaker currents induced by DA-9701. Pretreatment with a $Ca^{2+}$-free solution and thapsigargin, a $Ca^{2+}$-ATPase inhibitor in the endoplasmic reticulum, abolished the generation of pacemaker currents. In addition, the tonic inward currents were inhibited by U-73122, an active phospholipase C inhibitor, but not by $GDP-{\beta}-S$, which permanently binds G-binding proteins. Furthermore, the protein kinase C inhibitors, chelerythrine and calphostin C, did not block the DA-9701-induced pacemaker currents. These results suggest that DA-9701 might affect gastrointestinal motility by the modulation of pacemaker activity in the ICC, and the activation is associated with the non-selective cationic channels via external $Ca^{2+}$ influx, phospholipase C activation, and $Ca^{2+}$ release from internal storage in a G protein-independent and protein kinase C-independent manner.