• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.425-457
• /
• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

• International Commerce and Information Review
• /
• v.6 no.2
• /
• pp.23-41
• /
• 2004

Rapid development of computer and telecommunication technology brought out the expansion of electronic commerce which is the new type of business transaction. Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. And ADR refers to processes other than judicial determination in which an impartial person assists those in a dispute to resolve the issues between them. ODR refers to ADR processes assisted by information technology, particularly the internet. ODR has been available since 1996. Its development can be as passing through three broad stages : hobbyist, experimental, entrepreneurial, institutional phrase. Also, ODR has adapted a range of traditional ADR for use online, including arbitration. mediation. facilitated negotiation and case appraisal. Mediation and arbitration have been the most prevalent forms of ODR. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited. Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities.

• Journal of Arbitration Studies
• /
• v.25 no.2
• /
• pp.19-47
• /
• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.

• Animal Bioscience
• /
• v.34 no.11
• /
• pp.1727-1738
• /
• 2021

Objective: This review consolidates the available information on the socio-economic and ecological significance of Mithun in the lives of ethnic communities in the Eastern Himalaya. Methods: Standard guidelines were followed for the review and data collection was carried out at three stages; literature search, literature screening, and literature review and analysis. Results: Records indicate a long association of Mithun with the ethnic groups. Mithun serves as a symbol of pride and local currency for barter trade in the ethnic society. Its utilities range from being used as a bride price to settling legal disputes. Several cultural festivals and local ceremonies are celebrated around this bovine. Due to its semi-wild nature, this animal also has an ecological role to conserve broad leaf sub-tropical forests. However, it remains neglected and has not received policy attention, leading to a stagnated growth. The institutions for Mithun research and development are also weak. Furthermore, the species is under threat from new diseases and habitat alteration triggered by climate change. Conclusion: Founded on the current state of knowledge, there is a need for institutional development, strengthening institutional linkages, and promoting regional cooperation among Mithun rearing countries for further research and development of this unique cattle.

• International Journal of Computer Science & Network Security
• /
• v.21 no.11
• /
• pp.135-142
• /
• 2021

The article reveals the essence of cybercrime, approaches to understanding this concept, classification of cybercrime, and other illegal acts in this area. The concept of cybercrime has multi-discourse nature and a certain legal uncertainty. Cybercrimes, their forms and types are analyzed in the economic context. The research vocabulary of the economic industry is defined. The scope and content of concepts denoted by the terms of the sphere covered by cybercrime are studied, and its types and forms are analyzed. The article studies problems, achievements, and prospects of resisting and combating cybercrime during the development of the civil information society and Ukraine's entry into the global information space. The study focuses on the economic motivation of most cybercrimes since some material benefit from the fact of cyber offenses is assumed directly or indirectly.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2021.05a
• /
• pp.102-103
• /
• 2021

In Korea, starting with the Busan residential-commercial fire in 2010, the frequency of fire expansion in high-rise buildings has been continuously increasing. In the case of such large-scale fires, most of the fires generated from the inside tend to expand to the upper floors by riding the exterior material or exterior wall panels through the process of being ejected to the outside. It has been revised so that combustible exterior materials cannot be used in buildings. However, due to the legal fluoride level, the fire risk of high-rise buildings is still high, such as the case of a 33-story residential-commercial fire in Ulsan. In order to prevent such fire expansion, it is considered that it is necessary to first understand the nature of the fire occurring inside and the mechanism of the fire expansion in the upper floor. The purpose of this study is to propose improvements in domestic fire safety design through a review of existing literature to prevent fire expansion of high-rise buildings.

• International conference on construction engineering and project management
• /
• 2022.06a
• /
• pp.551-562
• /
• 2022

The building production system has been analysed by the dichotomy "employer-contractor" relationship, which failed to take into account of the role and function of multiple stakeholders within the life-cycle supply chain. This is further observed in the current conflict resolution model, which, in my argument, struggles to contribute to industrialize the building production and achieve better efficiency and effectiveness as expected. The purpose of this paper is to critically assess the issues of current programme-based conflict resolution model, and discuss alternative models how they can be modelled and applied to the construction projects. The conclusions of findings are; First, the current model is framed around the contracts and dispute resolutions based on the legal concept of "claimant and respondent" where one party(s) advances a claim once and the other(s) objects, as such it fails to reflect the nature of construction projects where multiple stakeholders are involved concurrently and for a long period of life-cycle of buildings. Second, an alternative is "Six-stakeholders model" which represents the multiple stakeholders and clarifies the flow of obligation-liability-monetary relationships among participants for a long period of life-cycle of buildings. Further, with reference to both historical and recent cases, a reflection and insight into pros and cons of programming method is added, especially as to why this method is considered to have become a mandate of the modern construction management, and how academics and practitioners should deal with it more cautiously and prudently.

• Korea Trade Review
• /
• v.47 no.3
• /
• pp.191-209
• /
• 2022

Whether or not insurance policies are securities has been debated for nearly a century. The position of claiming that an insurance policy has securities properties is premised on the concomitant nature of the maritime cargo insurance policy to the bill of lading. However, in reality today, marine cargo insurance policies are transferred between parties involved in international trade as an integral part of the bill of lading, and the two securities go through the same distribution process. The issue of recognizing the securities properties of an insurance policy is particularly debated when the insurance policy is issued in a order or bearer form. In a normal insurance policy, the name of the right holder, such as the claimant, is written on the insurance policy, and it is not usually transferred by endorsement. In principle, insurance policies are interpreted as neither securities nor negotiable securities. Sometimes, research is being done on legal reform to respond to digitalization of securities, and bills of lading are the subject of research. If marine cargo insurance policies, which are sometimes premised on distribution, have securities properties, the status of the regulations on digitization of bills of lading currently being studied may be helpful for digitization of marine cargo insurance policies. Under these circumstances, the securities of marine cargo insurance policies are reviewed based on recent practices.

• Journal of Science and Technology Studies
• /
• v.19 no.1
• /
• pp.1-51
• /
• 2019

The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

• The Korean Society of Law and Medicine
• /
• v.24 no.4
• /
• pp.67-101
• /
• 2023

The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.