• Journal of Arbitration Studies
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• v.29 no.2
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• pp.133-159
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• 2019

This paper reviews 2019 new arbitration rules of Japan Commercial Arbitration Association (JCAA). JCAA has amended its Commercial Arbitration Rules, and its Administrative Rules for UNCITRAL Arbitration. Also, it has introduced a new Interactive Arbitrations Rules. These new rules take effect from 1 January 2019. First, principal amendments of JCAA Commercial Arbitration Rules are such as arbitrator impartiality, tribunal secretaries, no dissenting opinions, expedited proceedings, arbitrator fees, administrative fees. Second, JCAA's new Interactive Arbitration Rules compel communication from the arbitral tribunal to the Parties and introduce a system of fixed compensation for arbitrators. Third, JCAA's Administrative Rules for UNCITRAL Arbitration are designed to provide the minimum essentials to allow the UNCITRAL Rules to be overseen by an institution. The only significant updates focus on arbitrator remuneration. This paper presents the intent and some implications of JACC's 2019 new rules for Korean Commercial Arbitration Board (KCAB) arbitration rules. Also, it seeks to provide a meaningful discussion and improvement on the facilitating of arbitration system in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.147-170
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• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• Proceedings of the Korea Inteligent Information System Society Conference
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• 2001.01a
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• pp.336-342
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• 2001

One of the most important problems on rule induction methods is that they cannot extract rules, which plausibly represent experts decision processes. On one hand, rule induction methods induce probabilistic rules, the description length of which is too short, compared with the experts rules. On the other hand, construction of Bayesian networks generates too lengthy rules. In this paper, the characteristics of experts rules are closely examined and a new approach to extract plausible rules is introduced, which consists of the following three procedures. First, the characterization of decision attributes (given classes) is extracted from databases and the classes are classified into several groups with respect to the characterization. Then, two kinds of sub-rules, characterization rules for each group and discrimination rules for each class in the group are induced. Finally, those two parts are integrated into one rule for each decision attribute. The proposed method was evaluated on a medical database, the experimental results of which show that induced rules correctly represent experts decision processes.

• Journal of Korea Port Economic Association
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• v.18 no.1
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• pp.27-41
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• 2002

This paper deals with the development of a simulation model for the container terminal, which consists of 3 berths, 8 container cranes, and 16 yard blocks with each yard crane and 90 yard trucks in order to evaluate the various operational rules. The proposed operational rules are 3 ship-dispatching rules, 3 berth allocation rules, 2 crane allocation rules, 2 yard allocation rules, and 2 yard truck allocation rules. These rules are simulated using 4 performance measures, such as ship time in the terminal, ship time in the port, the number of ships processed, and the number of containers handled. The simulation result is as follows: 1) there is no difference among 3 ship-dispatching rules, 2) berth allocation rules depend on performance measures, 3) dynamic crane allocation is better than fixed policy, 4) pooling yard allocation is better than short distance yard allocation rules, and 5) fixed yard truck allocation by berth is a little better than pooling policy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.33-62
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• 2012

Arbitration is an essential methods of settlement for disputes in international commercial transaction. UNCITRAL Arbitration Rules have been in force after adoption in 1976. Over the 30 years, UNCITRAL Arbitration rules have been modeled for domestic and international arbitration institutes for setting and revision on their arbitration rules. UNCITRAL Committee has published the revised Arbitration Rules which entered into force after 15 August 2010. Therefore new version of arbitration rules are substituted for the previous version of UNCITRAL Arbitration Rules 1976 since its enforcement. The revised arbitration rules of UNCITRAL have been changed in various items for convergence with new trends and modern practices on arbitration including information communication and technology. The revision of arbitration rules focused on resolving problems in practice and codifying best practice to enhance the efficiency of arbitration conducted under the rules. There are considerable in a number of important respects on the removing the restricted in writing requirement for information technology, adapting the multiparties arbitration, joinder arbitration, truncated arbitral tribunal and adjustment in terms and condition and construction simply. Also a number of provisions have been refined, varied and clarified with new articles included. Conclusively the new revised arbitration rules fill a number of gaps which became apparent in the UNCITRAL Arbitration Rules 1976 to bring into line with new modern practices of international arbitration rules in international commercial disputes. This paper focus on the study the problems and inspired points on significant revised provisions and its considerable points in arbitration environment. This paper is approaching to the comparisons of UNCITRAL revised Arbitration Rules 2010 with previous Arbitration Rules 1976 of UNCITRAL and International Arbitration Rules 2011 of KCAB.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.53-74
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• 2019

Due to the increasingly popular dissatisfaction regarding the inefficiency of arbitral proceedings, the Rules on the Efficient Conduct of Proceedings in International Arbitration, also known as the Prague Rules, was launched in December 2018, with the purpose of increasing the efficiency of arbitral proceedings by encouraging arbitral tribunals to take a more proactive role in conducting their procedures. In this article, the provisions of the Prague Rules are examined, in light of those of the IBA Rules on the Taking of Evidence in International Arbitration, in order to determine the efficacy of the Prague Rules on enhancing the efficiency in arbitral proceedings. The author concludes that more specific and detailed provisions, with respect to what the Rules means by such a "proactive arbitral tribunal," should have been explicitly included in light of the Rules' repeated emphasis on such. Also, the prospective outlook on the Prague Rules is not entirely clear as the text does not appear to fill in the gaps in other widely utilized arbitration rules or to supplement them in a satisfying way. However, given that only a short amount of time has passed since the launch late last year, only time will reveal how effective the Prague Rules will be in increasing the efficiency of arbitral proceedings, in accordance with its intended effect.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• Industrial Engineering and Management Systems
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• v.6 no.1
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• pp.72-82
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• 2007

Business Rules are formal statements about the data and processes of an enterprise. They present projections of the organization's constraints and ways of working on their supporting information systems. Therefore, their collection, structuring and organization should be central activities within information systems. In an enterprise, business rules are used to represent certain aspects of a business domain (static rules) or business policy (dynamic rules). Hence, regarding problem domains in the organization, business rules are classified into two groups: static and dynamic business rules. The paper introduces a new concept of business rules, Extended Dynamic Business Rule (EDBR) which contains the results of the occurrence of business rule's action. The focus of this paper is in the organizing, defining and modeling of such business rules using Mineau's approach. Mineau's approach is an extension of Sowa's Conceptual Graph theory.

• Proceedings of the Korea Society for Simulation Conference
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• 2002.05a
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• pp.33-41
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• 2002

This paper deals with the development of simulation model for the container terminal consisting of 3 berths, 8 container cranes, 16 yard blocks with each yard cranes and 90 yard trucks in order to evaluate the various operational rules. The proposed operational rules are 3 ship dispatching rules, 3 berth allocation rules, 2 crane allocation rules, 2 yard allocation rules and 2 yard truck allocation rules and 4 performance measures like ship time in the terminal, ship time in the port, the number of ships processed and the number of containers handled are considered. The simulation result are as follows. 1) no difference among 3 ship dispatching rules, 2) berth allocation rules depends on performance measures 3) dynamic crane allocation is better than fixed policy 4) pooling yard allocation is better than short distance yard allocation rules and 5) fixed yard truck allocation by berth is a little better than pooling policy.

• Journal of Korean Library and Information Science Society
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• v.10
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• pp.229-265
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• 1983

Many changes have been made on the cataloging rules on filmstrips and slides all the way from the Cox's rules of 1963 to AACR 2 of 1978. The purpose of this study is to analyze eight major British and American cataloging rules on filmstrips and slides, from the results of which to identify what major changes have been made chronologically, and to clarify major differences among them in describing the form ol Physical Description Area. The findings of the study can be summarized as follows: 1. In order to make a clear distinction from one element to the other in Physical Description Area, the use of punctuation has been made more concrete. In AACR 2, various punctuations in accordance with the each element's character are used. 2. The rules on the describing the number of physical units of filmstrips have got more and more specified. 3. The descriptive form of specific material designation is closely related to the existence or nonexistence of rules on the general material designation in the body of entry. Therefore, the rules of AECT and CLA having rules on the general material designation do not use the specific material designation in Physical Description Area. On the other hand, ISBD(NBM), LA rules and AACR 2 which makes it optional to use the general material designation prescribe to use the specific material designation. 4. As for the descriptions of the physical status other than the unit and size of the filmstrips and slides, the first LC card and Cox's rules, had the color designation, and the CLA rules had sound designation. In the LA rules, AACR1(Chapter 12 Revised) and AACR 2, the detailed description of the physical status including the indication of color, sound, kind of frame, time etc. has become more and more important for Physical Description Area. 5. All the rules adopt millimetre as the measuring unit of the size of filmstrips. For the slides, most rules employ inch instead. But LA rules and ISBD(NBM) use centimeters, and AACR 2 takes either inch or centimeters. 6. Most rules, including Cox's rules, give the information on the accompanying materials. The information has been added as the last element of the Physical Description Area in the AACR 2, and recognized very important.