• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• International Journal of Control, Automation, and Systems
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• v.3 no.spc2
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• pp.278-287
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• 2005

In this paper a new excitation control scheme that improves the transient stability of multi machine power systems is proposed. To this end the backstepping technique is used to transform the system to a suitable partially linear form. On this system, a combination of both feedback linearization and adaptive control techniques are used to confront the nonlinearities. As shown in the paper, the resulting nonlinear control law ensures the uniform boundedness of all the state and estimated variables. Furthermore, it is proven that all the error variables are uniformly ultimately bounded (DUB) i.e. they converge to arbitrarily selected small regions around zero in finite-time. Simulation tests on a two generator infinite bus power system demonstrate the effectiveness of the proposed control.

• International Journal of Fuzzy Logic and Intelligent Systems
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• v.13 no.3
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• pp.215-223
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• 2013

In this paper, we present some results on weak laws of large numbers for weighted sums of fuzzy random variables taking values in the space of normal and upper-semicontinuous fuzzy sets with compact support in a separable real Banach space. First, we give weak laws of large numbers for weighted sums of strong-compactly uniformly integrable fuzzy random variables. Then, we consider the case that the weighted averages of expectations of fuzzy random variables converge. Finally, weak laws of large numbers for weighted sums of strongly tight or identically distributed fuzzy random variables are obtained as corollaries.

• Structural Engineering and Mechanics
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• v.75 no.6
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• pp.659-674
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• 2020

The present paper employs nonlocal strain gradient theory (NSGT) to study buckling behavior of functionally graded magneto-electro-thermo-elastic (FG-METE) nanoshells under various physical fields. NSGT modeling of the nanoshell contains two size parameters, one related to nonlocal stress field and another related to strain gradients. It is considered that mechanical, thermal, electrical and magnetic loads are exerted to the nanoshell. Temperature field has uniform and linear variation in nanoshell thickness. According to a power-law function, piezo-magnetic, thermal and mechanical properties of the nanoshell are considered to be graded in thickness direction. Five coupled governing equations have been obtained by using Hamilton's principle and then solved implementing Galerkin's method. Influences of temperature field, electric voltage, magnetic potential, nonlocality, strain gradient parameter and FG material exponent on buckling loads of the FG-METE nanoshell have been studied in detail.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

• Coupled systems mechanics
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• v.6 no.3
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• pp.251-272
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• 2017

In this paper, the thermo-mechanical vibration characteristics of functionally graded (FG) nanobeams subjected to three types of thermal loading including uniform, linear and non-linear temperature change are investigated in the framework of third-order shear deformation beam theory which captures both the microstructural and shear deformation effects without the need for any shear correction factors. Material properties of FG nanobeam are assumed to be temperature-dependent and vary gradually along the thickness according to the power-law form. Hence, applying a third-order shear deformation beam theory (TSDBT) with more rigorous kinetics of displacements to anticipate the behaviors of FG nanobeams is more appropriate than using other theories. The small scale effect is taken into consideration based on nonlocal elasticity theory of Eringen. The nonlocal equations of motion are derived through Hamilton's principle and they are solved applying analytical solution. The obtained results are compared with those predicted by the nonlocal Euler-Bernoulli beam theory and nonlocal Timoshenko beam theory and it is revealed that the proposed modeling can accurately predict the vibration responses of FG nanobeams. The obtained results are presented for the thermo-mechanical vibration analysis of the FG nanobeams such as the effects of material graduation, nonlocal parameter, mode number, slenderness ratio and thermal loading in detail. The present study is associated to aerospace, mechanical and nuclear engineering structures which are under thermal loads.

• Structural Engineering and Mechanics
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• v.59 no.2
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• pp.343-371
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• 2016

In this paper thermo-mechanical vibration analysis of a porous functionally graded (FG) Timoshenko beam in thermal environment with various boundary conditions are performed by employing a semi analytical differential transform method (DTM) and presenting a Navier type solution method for the first time. The temperature-dependent material properties of FG beam are supposed to vary through thickness direction of the constituents according to the power-law distribution which is modified to approximate the material properties with the porosity phases. Also the porous material properties vary through the thickness of the beam with even and uneven distribution. Two types of thermal loadings, namely, uniform and linear temperature rises through thickness direction are considered. Derivation of equations is based on the Timoshenko beam theory in order to consider the effect of both shear deformation and rotary inertia. Hamilton's principle is applied to obtain the governing differential equation of motion and boundary conditions. The detailed mathematical derivations are presented and numerical investigations are performed while the emphasis is placed on investigating the effect of several parameters such as porosity distributions, porosity volume fraction, thermal effect, boundary conditions and power-low exponent on the natural frequencies of the FG beams in detail. It is explicitly shown that the vibration behavior of porous FG beams is significantly influenced by these effects. Numerical results are presented to serve benchmarks for future analyses of FG beams with porosity phases.

• Advances in aircraft and spacecraft science
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• v.5 no.3
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• pp.295-318
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• 2018

This research studies thermo-elastic behavior of rotating micro discs that are employed in various micro devices such as micro gas turbines. It is assumed that material is functionally graded with a variable profile thickness, density, shear modulus and thermal expansion in terms of radius of micro disc and as a power law function. Boundary condition is considered fixed-free with uniform thermal loading and elastic field is symmetric. Using incompressible material's constitutive equation, we extract governing differential equation of four orders; to solution this equation, we utilize general differential quadrature (GDQ) method and the results are schematically pictured. The obtained result in a particular case is compared with another work and coincidence of results is shown. We will find out that surface effect tends to split micro disc's area to compressive and tensile while nonlocal parameter tries to converge different behaviors with each other; this convergence feature make FGIMs capable to resist in high temperature and so in terms of thermo-elastic behavior we can suggest, using FGIMs in micro devices such as micro turbines (under glass transition temperature).