• 제목/요약/키워드: Preliminary orders,

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국제상사중재에 관한 UNCITRAL 모델법의 개정동향 (The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제16권3호
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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국제상사중재에서 중재판정부의 권한과 임시적 처분에 관한 연구 (The Powers and Interim Measures of the Arbitral Tribunal in International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제18권2호
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    • pp.103-127
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    • 2008
  • This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

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비무장지대에 인접한 경기도 농촌지역 강수의 화학적 성분에 관한 기초 연구 (A Preliminary Study on the Chemical Compositions of Precipitation in the Rural Area of Kyunggi Province near Demilitarized Zone)

  • 박국태;김창호
    • 한국환경과학회지
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    • 제7권2호
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    • pp.157-164
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    • 1998
  • preliminary study on the chemical compositions of forty seven precipitations from March 1994 to May 1995 In Yeoncheon-gun, which Is adjacent to the southern boundary of demilitarized zone (DMZ) in the northernmost tip of Kyunggi Province has been Performed. The metal cation and anion concentrations were measured by atomic absorption spectrometer and ion chromatography, respectively. pH/lon meter and direct nesslerization method were used for the concentration measurements of $H^+$ ion and $NH_46+$ ions, respectively Based on the data, the quantitative orders of the cation and anion average concentrations were $Ca^{2+}>NH_4^+>Na^+>K^+>Mg^{2+}>H^+ and SO_4^{2+}>Cl^-> NO_3^-$, respectively..The ratio of average total anion concentration to average total cation concentration was 0.97. The average pH value of the precipitations was 5.60. These results, correlation coefficients between the ion concentrations, and monthly variations of pH value and precipitation amount are used for chemical analysis on the environmental Pollution and Pollutant sources In Yeoncheon-gun of Kyunggi province near DMZ.

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지하수 인공함양시스템의 생물학적 평가를 위한 생물막 형성 조건 및 형성도 분석 방법에 관한 기초연구 (Basic Study on Conditions and Analytical Methods of Biofilm Formation for the Bioassessment of Artificial Groundwater Recharge System)

  • 공인철;이소라;하규철;고경석
    • 한국지하수토양환경학회지:지하수토양환경
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    • 제20권4호
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    • pp.22-30
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    • 2015
  • For the preliminary investigations of the bioclogging on groundwater artificial recharge system, studies for conditions and analytical methods of biofilm formation on sediments were performed. Based on the tested results, following conditions were determined for biofilm formation on batch process: optimum period for biofilm formation (30 days), the proper inoculating water (pond water), medium (minimum salt medium with 0.1% yeast extract). Procedures for the measurement of ATP and DHA were also determined. Biomass extract was used for ATP measurement, while sediment itself for DHA. Effects of metals on the biofilm formation were investigated under the determined conditions. Different sensitivities and orders were found depending on tested metals and measurement methods. In general, biomass measurement by ATP and viable cell count showed higher sensitivity than that of DHA. Following toxicity orders were also appeared for ATP and viable cell: Cu ≈ Cd > As(III).

Analysis on Tracking Schedule and Measurements Characteristics for the Spacecraft on the Phase of Lunar Transfer and Capture

  • Song, Young-Joo;Choi, Su-Jin;Ahn, Sang-Il;Sim, Eun-Sup
    • Journal of Astronomy and Space Sciences
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    • 제31권1호
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    • pp.51-61
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    • 2014
  • In this work, the preliminary analysis on both the tracking schedule and measurements characteristics for the spacecraft on the phase of lunar transfer and capture is performed. To analyze both the tracking schedule and measurements characteristics, lunar transfer and capture phases' optimized trajectories are directly adapted from former research, and eleven ground tracking facilities (three Deep Space Network sties, seven Near Earth Network sites, one Daejeon site) are assumed to support the mission. Under these conceptual mission scenarios, detailed tracking schedules and expected measurement characteristics during critical maneuvers (Trans Lunar Injection, Lunar Orbit Insertion and Apoapsis Adjustment Maneuver), especially for the Deajeon station, are successfully analyzed. The orders of predicted measurements' variances during lunar capture phase according to critical maneuvers are found to be within the order of mm/s for the range and micro-deg/s for the angular measurements rates which are in good agreement with the recommended values of typical measurement modeling accuracies for Deep Space Networks. Although preliminary navigation accuracy guidelines are provided through this work, it is expected to give more practical insights into preparing the Korea's future lunar mission, especially for developing flight dynamics subsystem.

Testing Gravity with Cosmic Shear Data from the Deep Lens Survey

  • Sabiu, Cristiano G.;Yoon, Mijin;Jee, M. James
    • 천문학회보
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    • 제43권1호
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    • pp.62.2-62.2
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    • 2018
  • From the gaussian, near scale-invariant density perturbations observed in the CMB to the late time clustering of galaxies, CDM provides a minimal theoretical explanation for a variety of cosmological data. However accepting this explanation, requires that we include within our cosmic ontology a vacuum energy that is ~122 orders of magnitude lower than QM predictions, or alternatively a new scalar field (dark energy) that has negative pressure. Alternatively, modifications to Einstein's General Relativity have been proposed as a model for cosmic acceleration. Recently there have been many works attempting to test for modified gravity using the large scale clustering of galaxies, ISW, cluster abundance, RSD, 21cm observations, and weak lensing. In this work, we compare various modified gravity models using cosmic shear data from the Deep Lens Survey as well as data from CMB, SNe Ia, and BAO. We use the Bayesian Evidence to quantify the comparison robustly, which naturally penalizes complex models with weak data support. In this poster we present our methodology and preliminary constraints on f(R) gravity.

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Bathymetry and Morphotectonic Elements in the Ulleung Basin, East Sea of Korea

  • Suk, Bong-Chool;Anosov, G.I.;Semakin, V.P.;Svarichevsky, A.S.
    • International Union of Geodesy and Geophysics Korean Journal of Geophysical Research
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    • 제24권1호
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    • pp.1-10
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    • 1996
  • A detailed bathymetric map is used to construct a morphotectonic map of the Ulleung Basin. The definition of "morphotectonics" and the procedure of the morphotectonic mapping are described in detail. The morphotectonic structural elements of various orders and ranks are also determined using echo-sounding and other geophysical data. Preliminary analysis shows that the newly determined morpho-structural elements coincide with the locations of deeper tectonic features established by the geophysical evidences of the inner sedimentary and/or crustal sections. Therefore, the tectonic zone of the Ulleung Basin has imprinted the patterns of the inherited evolution since Neogene.e Neogene.

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해외 개발사업의 경쟁력향상을 위한 단계별 리스크 요인분석 - 개발도상국 신도시 개발사업을 중심으로 - (A Study on The Risk Factors to Strengthen the Competitiveness in the Overseas Development Projects - Focused on New Town development of Developing Country -)

  • 최성락;김정현;장세준;백준홍
    • 한국건축시공학회지
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    • 제8권3호
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    • pp.59-67
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    • 2008
  • Recently, domestic construction companies have been moving towards overseas markets due to decreasing orders and an increase in competitiveness within the domestic market. However, there is a higher risk involved in the overseas construction Industry than in the domestic construction industry. Especially, because domestic construction companies lack development's experience, such a companies have a weakness of hidden risk factors. For Overseas New Town development project's success of domestic construction companies, preferentially, It Is necessary to deduce and analysis of risk factors in real estate development phases. This study would possibly be able to provide the preliminary data for Overseas New Town development projects in the future.

일반.전문건설업체간의 협력관계에 대한 설문 분석 (A Research on Partnership between General contractor and Specialist trades)

  • 김명운;이종식;이재석;전재열
    • 한국건설관리학회:학술대회논문집
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    • 한국건설관리학회 2008년도 정기학술발표대회 논문집
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    • pp.587-590
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    • 2008
  • 수주산업이라는 건설업의 특성상 일반 건설업체는 기본적으로 수주 물량을 스스로 계획할 수 없으며, 연간 수주물량의 변동폭이 커 장비나 인력을 상시 고용하는데 한계를 가진다. 따라서 전문 건설업체와의 수직적 분업 관계를 통해 위험을 분산시키고 생산의 효율성을 높이고자 하는 의도 하에, 일반적으로 하도급에 의한 생산구조를 형성하고 있다. 이러한 생산구조에 따라 외주관리가 프로젝트의 성공적인 완수에 미치는 영향이 큼에도 불구하고, 그간 대다수 건설업체들은 효율적인 조직협력 관계를 이루지 못하고 있다. 이에 본 연구에서는 일반 전문건설업체간 조직협력의 현 실태를 파악하고 보완사항을 발굴하여 개선방안을 모색하고자 한다. 본 논문은 예비적 차원의 선행연구로서 협력업체의 현황조사를 바탕으로 그 원인을 고찰해 보고자 한다. 분석 결과 건설 산업의 협력에 대한 현 실태는 외형적인 협력조직 구성에 머물고 있으며 생산협력에 대한 효율적인 조직 활용을 못하는 것으로 나타났다. 전문건설업체는 수주 물량 확보를 위한 발판으로 협력업체로 등록을 하고 있었으며 생산향상을 위한 실질적인 협력행위가 거의 없는 수준이었다. 이에 건설업체간 조직협력의 각 단계에서 건설 생산성향상과 경제적 가치의 창출을 위한 생산협력의 해결방안이 요구된다.

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고에너지물질에 의한 약물 전달 시스템 연구 (Innovative Modeling of Explosive Shock Wave Assisted Drug Delivery)

  • 여재익;김기홍;이경철;이현희;박경진
    • 한국연소학회지
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    • 제11권4호
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    • pp.9-13
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    • 2006
  • Recent advances in energetic materials modeling and high-resolution hydrocode simulation enable enhanced computational analysis of bio-medical treatments that utilize high-pressure shock waves. Of particular interest is in designing devices that use such technology in medical treatments. For example, the generated micro shock waves with peak pressure on orders of 10 GPa can be used for treatments such as kidney stone removal, transdermal micro-particle delivery, and cancer cell removal. In this work, we present a new computational methodology for applying the high explosive dynamics to bio-medical treatments by making use of high pressure shock physics and multi-material wave interactions. The preliminary calculations conducted by the in-house code, GIBBS2D, captures various features that are observed from the actual experiments under the similar test conditions. We expect to gain novel insights in applying explosive shock wave physics to the bio-medical science involving drug injection. Our forthcoming papers will illustrate the quantitative comparison of the modeled results against the experimental data.

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