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The Arbitrability of the Subject-matter of a Dispute on the Antitrust Law (독점규제법 관련분쟁의 중재의 대상적격)

  • Kang, Su-Mi
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.41-65
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    • 2010
  • It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

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Chemical Composition, In vitro Gas Production, Ruminal Fermentation and Degradation Patterns of Diets by Grazing Steers in Native Range of North Mexico

  • Murillo, M.;Herrera, E.;Carrete, F.O.;Ruiz, O.;Serrato, J.S.
    • Asian-Australasian Journal of Animal Sciences
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    • v.25 no.10
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    • pp.1395-1403
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    • 2012
  • The objective of the study was to quantify annual and seasonal differences in the chemical composition, in vitro gas production, in situ degradability and ruminal fermentation of grazing steers… diets. Diet samples were collected with four esophageal cannulated steers ($350{\pm}3$ kg BW); and four ruminally cannulated heifers ($342{\pm}1.5$ kg BW) were used to study the dry matter degradation and fermentation in rumen. Data were analyzed with repeated measurements split plot design. The crude protein, in vitro dry matter digestibility and metabolizable energy were higher during the first year of trial and in the summer (p<0.01). The values of calcium, phosphorus, magnesium, zinc and copper were higher in summer (p<0.05). The gas produced by the soluble and insoluble fractions, as well as the constant rate of gas production were greater in summer and fall (p<0.01). The ammonia nitrogen ($NH_3N$) and total volatile fatty acids concentrations in rumen, the soluble and degradable fractions, the constant rate of degradation and the effective degradability of DM and NDF were affected by year (p<0.05) and season (p<0.01). Our study provides new and useful knowledge for the formulation of protein, energetic and mineral supplements that grazing cattle need to improve their productive and reproductive performance.

Bale Location Effects on Nutritive Value and Fermentation Characteristics of Annual Ryegrass Bale Stored in In-line Wrapping Silage

  • Han, K.J.;McCormick, M.E.;Derouen, S.M.;Blouin, D.C.
    • Asian-Australasian Journal of Animal Sciences
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    • v.27 no.9
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    • pp.1276-1284
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    • 2014
  • In southeastern regions of the US, herbage systems are primarily based on grazing or hay feeding with low nutritive value warm-season perennial grasses. Nutritious herbage such as annual ryegrass (Lolium multiflorum Lam.) may be more suitable for preserving as baleage for winter feeding even with more intensive production inputs. Emerging in-line wrapped baleage storage systems featuring rapid wrapping and low polyethylene film requirements need to be tested for consistency of storing nutritive value of a range of annual ryegrass herbage. A ryegrass storage trial was conducted with 24-h wilted 'Marshall' annual ryegrass harvested at booting, heading and anthesis stages using three replicated in-line wrapped tubes containing ten round bales per tube. After a six-month storage period, nutritive value changes and fermentation end products differed significantly by harvest stage but not by bale location. Although wilted annual ryegrass exhibited a restricted fermentation across harvest stages characterized by high pH and low fermentation end product concentrations, butyric acid concentrations were less than 1 g/kg dry matter, and lactic acid was the major organic acid in the bales. Mold coverage and bale aroma did not differ substantially with harvest stage or bale location. Booting and heading stage-harvested ryegrass baleage were superior in nutritive value to anthesis stage-harvested herbage. Based on the investigated nutritive value and fermentation characteristics, individual bale location within in-line tubes did not significantly affect preservation quality of ryegrass round bale silages.

Fatigue evaluation and CFRP strengthening of diaphragm cutouts in orthotropic steel decks

  • Ke, Lu;Li, Chuanxi;He, Jun;Lu, Yongjun;Jiao, Yang;Liu, Yongming
    • Steel and Composite Structures
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    • v.39 no.4
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    • pp.453-469
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    • 2021
  • The cracking at the transverse diaphragm cutout is one of the most severe fatigue failures threatening orthotropic steel decks (OSDs), whose mechanisms and crack treatment techniques have not been fully studied. In this paper, full-scale experiments were first performed to investigate the fatigue performance of polished cutouts involving the effect of an artificial geometrical defect. Following this, comparative experimental testing for defective cutouts strengthened with carbon fiber-reinforced polymer (CFRP) was carried out. Numerical finite element analysis was also performed to verify and explain the experimental observations. Results show that the combinative effect of the wheel load and thermal residual stress constitutes the external driving force for the fatigue cracking of the cutout. Initial geometrical defects are confirmed as a critical factor affecting the fatigue cracking. The principal stress 6 mm away from the free edge of the cutout can be adopted as the nominal stress of the cutout during fatigue evaluation, and the fatigue resistance of polished cutouts is higher than Grade A in AASHTO specification. The bonded CFRP system is highly effective in extending the fatigue life of the defective cutouts. The present study provides some new insights into the fatigue evaluation and repair of OSDs.

Appropriate nitrogen application enhances saponin synthesis and growth mediated by optimizing root nutrient uptake ability

  • Wei, Wei;Ye, Chen;Huang, Hui-Chuan;Yang, Min;Mei, Xin-Yue;Du, Fei;He, Xia-Hong;Zhu, Shu-Sheng;Liu, Yi-Xiang
    • Journal of Ginseng Research
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    • v.44 no.4
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    • pp.627-636
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    • 2020
  • Background: Cultivation of medicinal crops, which synthesize hundreds of substances for curative functions, was focused on the synthesis of secondary metabolites rather than biomass accumulation. Nutrition is an important restrict factor for plant growth and secondary metabolites, but little attention has been given to the plasticity of nutrient uptake and secondary metabolites synthesis response to soil nitrogen (N) change. Methods: Two year-field experiments of Sanqi (Panax notoginseng), which can synthesize a high level of saponin in cells, were conducted to study the effects of N application on the temporal dynamics of biomass, nutrient absorption, root architecture and the relationships between these parameters and saponin synthesis. Results: Increasing N fertilizer rates could improve the dry matter yields and nutrient absorption ability through increasing the maximum daily growth (or nutrient uptake) rate. Under suitable N level (225 kg/ha N), Sanqi restricted the root length and surface and enhanced the root diameter and N uptake rate per root length (NURI) to promote nutrient absorption, but the opposite status of Sanqi root architecture and NURI was found when soil N was deficient. Furthermore, increasing N rates could promote the accumulation of saponin in roots through improving the NURI, which showed a significant positive relationship with the content of saponin in the taproots. Conclusion: Appropriate N fertilizer rates could optimize both root architecture and nutrient uptake efficiency, then promote both the accumulation of dry matter and the synthesis of saponins.

Delamination identification of laminated composite plates using measured mode shapes

  • Xu, Yongfeng;Chen, Da-Ming;Zhu, Weidong;Li, Guoyi;Chattopadhyay, Aditi
    • Smart Structures and Systems
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    • v.23 no.2
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    • pp.195-205
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    • 2019
  • An accurate non-model-based method for delamination identification of laminated composite plates is proposed in this work. A weighted mode shape damage index is formulated using squared weighted difference between a measured mode shape of a composite plate with delamination and one from a polynomial that fits the measured mode shape of the composite plate with a proper order. Weighted mode shape damage indices associated with at least two measured mode shapes of the same mode are synthesized to formulate a synthetic mode shape damage index to exclude some false positive identification results due to measurement noise and error. An auxiliary mode shape damage index is proposed to further assist delamination identification, by which some false negative identification results can be excluded and edges of a delamination area can be accurately and completely identified. Both numerical and experimental examples are presented to investigate effectiveness of the proposed method, and it is shown that edges of a delamination area in composite plates can be accurately and completely identified when measured mode shapes are contaminated by measurement noise and error. In the experimental example, identification results of a composite plate with delamination from the proposed method are validated by its C-scan image.

Eclipse Spectrum of Her X-1 Observed by ASCA in the Low Intensity State

  • Choi, C.S.;Seon, K.I.
    • Bulletin of the Korean Space Science Society
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    • 1995.10a
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    • pp.30-30
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    • 1995
  • We present the results of analysis on the X-ray observations of the binary X-ray pulsar Her X-I. made with ASCA/SIS on August 13-14. 1993. An eclipse transition from ingress to egress was fully covered by the observations. The main findings are as follows; (1) a model of power-law plus black-body is required to interpret the entire eclipse spectrum. and the black-body component appears at < 0.7 keV. (2) the power-law continuum which has photon index ${\alpha}\;=\;{0.84^{\;+0.14}}_{\;-0.19}$ is very similar to that of detected by Ginga/LAC (${\alpha}\;=\;0.80\;{\pm}\;0.04$), (3) the calculated eclipse flux of $2^{-10}\;keV.{\;}~{\;}1.8{\pm}10^{-11}{\;}ergs{\;}cm^{-2}s^{-1}$, is consistent with the Ginga observation carried out in the high intensity state ~2.0{\pm}10^{-11}{\;}ergs{\;}cm^{-2}s^{-1}$, (4) there is no significant absorption feature. and an upper limit of the aborption column $NH{\;}\leq{\;}3{\pm}10^{20}\;cm^{-2}$ is determined at the 90% confidence limit. Based on these results, we suggest that extended matter surrounding the binary system should be existed persistently with stable conditions, and scattering of the source continuum by the matter is responsible for the eclipse emission.ission.

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