• Title/Summary/Keyword: ODR system

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Discussion and Evaluation in UNCITRAL Regarding Procedural Rules for Disputes in International e-Commerce - Focused on the Discussion in the 26th Session of Working Group III - (국제전자상거래 분쟁해결을 위한 절차 규칙에 관한 UNCITRAL의 논의와 그 평가 - 제26차 실무작업반의 논의를 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.133-152
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    • 2013
  • Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

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Development of Olfactory Biosensor Using Olfactory Receptor Proteins Expressed in E. coli

  • Seong, Jong-Hwan;Go, Hwi-Jin;Park, Tae-Hyeon
    • 한국생물공학회:학술대회논문집
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    • 2003.04a
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    • pp.639-642
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    • 2003
  • Olfactory receptor protein ODR10 was expressed in E.coli as fusion protein with GST and His6 Tag. Crude membrane extract of the expressed protein was coated on the surface of quartz crystal microbalance, and the interaction of the ODR10 with several odorants was examined. Although the expression level was very low, quartz crystal microbalance showed that the expressed protein interacted most strongly with diacetyl (butanedione), which is known to bind to the ODR10 protein selectively. The interaction between ODR10 and diacetyl was $5{\sim}10$ times stronger than the interaction between ODR10 and other odorants. Thus, E. coli cells expressing the olfactory receptor protein could be used as an olfactory biosensor. Also, such system could be used to test which olfactory receptor reacts specifically with which odorant molecules, since there has been no cheap and convenient way to test the interaction of olfactory receptors and odorant molecules yet.

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The Responsibility of Related Parties for the Development of Online Dispute Resolution (온라인 분쟁해결의 발전을 위한 관련 당사자의 책임)

  • Ahn, Je-Woo
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.219-251
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    • 2006
  • As the scale of electronic commerce increases more and more, disputes in the electronic commerce also happen more frequently. As the development of electronic commerce is difficult without smooth settlement of dispute, the pursue of smooth settlement of dispute is very important. Regarding smooth settlement of dispute, the way of dispute settlement through Online Dispute Resolution(ODR) is pursued positively nowadays. However the responsibility of related parties still remains to complete such system. This paper divides related parties into the parties(seller, buyer), ODR providers, the neutral dispute resolver, and the governments. Later this paper examines the responsibility of related parties. As related parties complete their own responsibility, electronic commerce may develop more and more. Furthermore through the development of electronic commerce all nations will enjoy mutual benefit.

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A Study on the Utilization and Problems of Online Dispute Resolution : Focusing on the Online Arbitration (온라인분쟁해결의 활용과 문제점에 관한 연구 - 온라인중재를 중심으로 -)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.191-223
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    • 2003
  • Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, 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. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. 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. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. 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. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

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A study on Development Plans for Korea's Arbitration for Intellectual Property Right (IPR) disputes (지식재산권(IPR) 분쟁에 대한 우리나라 중재 발전방안에 관한 연구)

  • Su Hyun Song;Un Jeon;Keon-Hyung Ahn
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.51-74
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    • 2024
  • Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

A Study on the Current Operation and Activation of Online Alternative Dispute Resolution (온라인 ADR의 운영현황과 활성화 방안에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.91-116
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    • 2008
  • E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

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A Case Study of On-line Arbitration and Comparison on ODR between Korea and China for the Dispute Resolution of E-Commerce (전자상거래 분쟁해결을 위한 한국과 중국의 ODR제도 비교 및 온라인 중재 사례 연구)

  • Moon, Hee-Cheol;Zhang, Ping;Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.29-47
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    • 2014
  • In recent years, with the rapid development of electronic commerce, companies engaging in e-commerce want to take advantage of fast and easy way to solve ever-growing disputes online. South Korea's e-commerce disputes are mainly solved by mediation process of Korea E-commerce Mediation Committee. The whole process of online mediation can be carried out by the network, with the advantages of high efficiency and speed. On the other hand, the introduction of CIETAC's online Arbitration Rules in China meets the actual needs. Especially the requirement of hearing trials' procedures should be easier and faster, making the dispute can be resolved in a short time. Furthermore, the whole process from applying to ruling is conducted online, which meets the needs of e-commerce business that want to solve the disputes faster and more efficient. In addition, the cost of online arbitration is much lower than the average arbitrations. The implementation of the CIETAC's Online Arbitration Rules, will further promote the development of e-commerce in China. With the increase of trade volume between China and Korea, the e-business are also increasing. Although South Korea has not yet implemented online arbitration until now, CIETAC's effort for combining arbitration and mediation have good implications for development Korea's e-commerce online dispute system to promote e-Commerce between Korea and China.

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A Study on the development of Construction site management system to build Web-based BIM (웹기반 BIM 구축을 위한 건축현장 관리시스템 개발에 관한 연구)

  • Sung, Kyung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2009.10a
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    • pp.1081-1083
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    • 2009
  • Several construction management systems, such as CIC, CALS, PMIS etc., are only focused on visualizing or collecting data without linking between them. So, it is required to develop a new concept construction management system able to control data throughout the construction process. The purpose of this study is to develop prototype of web-based BPMS, which implements whole information flow for each construction phase effectively by storing common data in general building constructions.

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Development of smart car intelligent wheel hub bearing embedded system using predictive diagnosis algorithm

  • Sam-Taek Kim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.10
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    • pp.1-8
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    • 2023
  • If there is a defect in the wheel bearing, which is a major part of the car, it can cause problems such as traffic accidents. In order to solve this problem, big data is collected and monitoring is conducted to provide early information on the presence or absence of wheel bearing failure and type of failure through predictive diagnosis and management technology. System development is needed. In this paper, to implement such an intelligent wheel hub bearing maintenance system, we develop an embedded system equipped with sensors for monitoring reliability and soundness and algorithms for predictive diagnosis. The algorithm used acquires vibration signals from acceleration sensors installed in wheel bearings and can predict and diagnose failures through big data technology through signal processing techniques, fault frequency analysis, and health characteristic parameter definition. The implemented algorithm applies a stable signal extraction algorithm that can minimize vibration frequency components and maximize vibration components occurring in wheel bearings. In noise removal using a filter, an artificial intelligence-based soundness extraction algorithm is applied, and FFT is applied. The fault frequency was analyzed and the fault was diagnosed by extracting fault characteristic factors. The performance target of this system was over 12,800 ODR, and the target was met through test results.

A Study on Electronic Commercial Disputes settlement system through on-line ADR (온라인 ADR을 통한 전자상거래 분쟁해결제도에 관한 연구)

  • Kim, Sang-Chan;Lee, Choong-Eun
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.67-85
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    • 2010
  • On-line ADR is to use means of settling disputes online to settle disputes happened on-line or off-line. It gave important opportunity for engaging in a commercial transaction to small group or individual. If it uses judiciary proceeding, it will cost too much, complicate and take considerable time. So, because of these reasons, OECD even encourage on-line ADR as a mean for relieving consumer's damage actively on e-commerce. Korea is also trying to introduce on-line ADR partially or completely in Korea Consumer Agency, The National IT Industry Promotion Agency, The Korean Commercial Arbitration Board. However, Korea's on-line ADR is more insufficient than advanced country's. Nevertheless, because on-line needs to introduce, this study suggests the problem and plan centering the type and the present condition of on-line ADR.

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