• Title/Summary/Keyword: Settlement agreement

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A Study on the Operation of SURF in the Bolero System (볼레로 시스템상의 SURF의 운영에 관한 연구)

  • Jeon, Soon-Hwan
    • The Journal of Information Technology
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    • v.6 no.4
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    • pp.163-175
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    • 2003
  • SURF is a compliance engine, checking document content against detail in an established agreement. It provides a single vehicle for handling documentary trade settlement, regardless of the risk profile and financing requirements of the parties involved. That is, SURF, a Value Added Service connected to the Core Messaging Platform, is a documentary trade settlement service. It offers users of the system automated document compliance checking and a tool to manage the workflow in connection with documentary trade settlement. The Service supports varying degrees of risk transfer between buyer, sellers and banks and supports transactions from open account to more complex Letters of Credit.

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Analysis of load-settlement behaviour of shallow foundations in saturated clays based on CPT and DPT tests

  • Mir, Mouna;Bouafia, Ali;Rahmani, Khaled;Aouali, Nawel
    • Geomechanics and Engineering
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    • v.13 no.1
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    • pp.119-139
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    • 2017
  • Static Penetration Test (CPT) and Dynamic Penetration Test (DPT) are commonly used in-situ tests in a routine geotechnical investigation. Besides their use for qualitative investigation (lithology, homogeneity and spatial variability), they are used as practical tools of geotechnical characterization (resistance to the penetration, soil rigidity) and modern foundation design as well. The paper aims at presenting the results of an extensive research work on the evaluation of the 1D primary consolidation settlement of saturated clayey soils on the basis of the CPT or DPT tests. The work is based on an analysis of the correlations between the tip resistance to penetration measured in these tests and the parameters of compressibility measured by the compressibility oedometer test, through a local geotechnical database in the northern Algeria. Such an analysis led to the proposal of two methods of calculation of the settlement, one based on the CPT test and the other one on the DPT. The comparison between the predicted settlements and those computed on the basis of the oedometer test showed a good agreement which demonstrate the possbility to use the CPT and DPT tests as reliable tools of computation of foundation settlements in clayey soils.

Analysis of post-construction deformation characteristics of concrete faced rockfill dams

  • Kim, You-Seong;Won, Myoung-Soo;Song, Young-Chul;Yoon, Deok-Joong
    • Proceedings of the Korean Geotechical Society Conference
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    • 2007.09a
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    • pp.528-541
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    • 2007
  • To get the possible for management and maintenance, it was analyzed the deformation characteristics, such as crest of embankment and concrete face slab, and leakage of concrete faced rockfill dams (CFRD). There are trends that embankment deformation depends on intact strength used rockfills rather than dam height, deformation normal to concrete face slab during the first reservoir filling is occurred more than 80% of the total deformation in general, and the magnitude and trend of concrete face slab deformation is similar to post-construction crest settlement. The results showed that the range of post-construction crest settlement suggested by Sherard and Cooke (1987), and Clements (1984) had a good agreement in the cases using rockfill with very high intact strength, but it had a trend which underestimated crest settlement in the cases using rockfill with medium to high intact strength. The maximum leakage rate in general was observed during the first reservoir filling and long-term leakage rate was rapidly increased when the dam height exceeds approximately 120m.

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A Study on the Long-term Settlement Characteristics of Thick Clay Deposits Using Field Monitoring (대심도 연약지반의 현장계측을 이용한 장기침하거동특성 분석에 관한 연구)

  • Kwon, Hyun-Wook;Im, Jong-Chul;Chang, Ji-Gun;Kang, Sang-Kyun
    • Journal of the Korean Geosynthetics Society
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    • v.17 no.4
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    • pp.21-28
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    • 2018
  • Despite a number of studies on consolidation behavior that have been carried out in the Nakdong River estuary in Busan, these are focused on the prediction of final settlement during ground improvement process, and there is almost no research on the long-term settlement occurring after that. For the practical study on the long-term settlement, the field monitored settlement data that measured over 10 years in the Busan new port facilities area were used, and the final settlement and predicted time-settlement line were constituted by hyperbolic function. As a result, the measured settlements depend on the thickness of clayey soils, and the pattern were similar to each other and good agreement with the predicted time-settlement line using hyperbolic method. Also, the settlement in the lower non-improved layer occupied 62-76% of total settlement. Information about above results would be quite helpful to understand the long-term settlement behaviors as well as the non-improved layer's settlement is more careful consideration needed at design phase.

The Role of State Courts Aiding Arbitration (중재에 있어서 법원의 역할)

  • Park, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.91-120
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    • 2006
  • An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

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Small- and large-scale analysis of bearing capacity and load-settlement behavior of rock-soil slopes reinforced with geogrid-box method

  • Moradi, Gholam;Abdolmaleki, Arvin;Soltani, Parham
    • Geomechanics and Engineering
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    • v.18 no.3
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    • pp.315-328
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    • 2019
  • This paper presents an investigation on bearing capacity, load-settlement behavior and safety factor of rock-soil slopes reinforced using geogrid-box method (GBM). To this end, small-scale laboratory studies were carried out to study the load-settlement response of a circular footing resting on unreinforced and reinforced rock-soil slopes. Several parameters including unit weight of rock-soil materials (loose- and dense-packing modes), slope height, location of footing relative to the slope crest, and geogrid tensile strength were studied. A series of finite element analysis were conducted using ABAQUS software to predict the bearing capacity behavior of slopes. Limit equilibrium and finite element analysis were also performed using commercially available software SLIDE and ABAQUS, respectively to calculate the safety factor. It was found that stabilization of rock-soil slopes using GBM significantly improves the bearing capacity and settlement behavior of slopes. It was established that, the displacement contours in the dense-packing mode distribute in a broader and deeper area as compared with the loose-packing mode, which results in higher ultimate bearing load. Moreover, it was found that in the loose-packing mode an increase in the vertical pressure load is accompanied with an increase in the soil settlement, while in the dense-packing mode the load-settlement curves show a pronounced peak. Comparison of bearing capacity ratios for the dense- and loose-packing modes demonstrated that the maximum benefit of GBM is achieved for rock-soil slopes in loose-packing mode. It was also found that by increasing the slope height, both the initial stiffness and the bearing load decreases. The results indicated a significant increase in the ultimate bearing load as the distance of the footing to the slope crest increases. For all the cases, a good agreement between the laboratory and numerical results was observed.

Franchise Transaction Contracts and Resolution of the Related Disputes (가맹사업거래 계약과 분쟁해결)

  • Cho Tae-Hyon
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.173-198
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    • 2004
  • Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

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Annulment System of ICSID Arbitral Award (ICSID 중재판정 취소제도)

  • Kim, Sang-Chan
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.71-96
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    • 2015
  • This paper deals with the annulment of the ICSID(International Centre for Settlement of Investment Disputes) arbitral award. The annulment of the ICSID is characterized by the fact that it can be made possible through the special committee of ICSID only. The annulment of the ICSID was constructed on the premise that it is not an appeal procedure. However in the initial period, it was strongly criticized as it allowed new trials or duplicated many of the functions of an appeal and it broke down the boundary between the two systems. Although the trend seemed to be corrected through its 2nd and 3rd generations, it was still criticized for functioning as a new trial. It is approaching its 4th generation. On the other hand, with the activation of investment agreement arbitration based on ICSID and FTA, a certain degree of consistency is required for the ICSID arbitralaward. Also, with the emphasis on the public features of the arbitration for the investment agreement, the necessity of an appeal system is presented. The ICSID Secretariat published the "Opinion on the Appeal Procedure" in 2004 but as the system was criticized as too early due to the cost allocation problem and others, its adoption of an appeal procedure has been delayed. This paper focuses on how the currently incomplete ICSID arbitration judgment annulment system shall be used. Although it is still hardto expect the quality and consistent arbitral award annulment in the ICSID, this paper suggests that the "annulment without the actual new trial" using the restricted authority of a special commission in a creative way shall be pursued rather than just the actual new trial with or without annulment, thus going back to the original concept of the ICSID arbitral award annulment.

A Study on the Application of International Law through Disputes Settlement in Northeast Asia Fishing Ground (동북아 어장에서의 어업분쟁 해결 사례를 통한 국제법 적용 방안)

  • Lee, Woo-Do;Kim, Nam-Soo;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.15-32
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    • 2017
  • This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

A Study On The Deformation Behavior of Post-Construction Crest Settlement, Face Slab Deformation, and Leakage of Concrete Faced Rockfill Dams (콘크리트 표면차수벽형 석괴댐의 준공 후 정부침하와 슬래브 변형 및 누수 거동에 관한 연구)

  • Kim, You-Seong;Choi, Jae-Seon;Won, Myoung-Soo;Lee, Hee-Hun
    • Journal of the Korean Geosynthetics Society
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    • v.8 no.2
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    • pp.31-39
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    • 2009
  • The purpose of present study performed 27 CFRD cases analyses to predict and effectively use post-construction crest settlement, face slab deformation, and leakage as indexes for the maintenance and management of concrete faced rockfill dams(CFRD). The results showed that the range of post-construction crest settlement suggested by Sherard and Cooke (1987), and Clements (1984) had a good agreement in the case analyses using rockfills with very high intact strength, but it had a trend which underestimated crest settlement in the cases using rockfills with medium to high intact strength. The leakage case analyses showed that leakage is mainly caused by face slab deformation due to the water load, the maximum leakage in general was observed during the first reservoir filling, and leakage was rapidly increasing when the dam height exceeds 125m.

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