• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.65-87
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• 2015

This article examines the Stay of Enforcement of ICSID Arbitration Award. The effect of the stay is that the award is not subject to enforcement proceedings under Article 54 of the ICSID Convention pending the outcome of the annulment application. The annulment committee must decide the stay, unless the applicant sought the stay with the request for annulment, in which case the ICSID Secretary -General must grant it automatically. This automatic stay -which can only relate to the entire award-remains in force until the committee is constituted and issues a decision on the request for stay. ICSID committees have taken different positions on whether a stay of enforcement is exceptional or not. Some committees have held that because the ICSID Convention explicitly recognizes that the rights of the award creditor could be subject to a stay, stays are not exceptional. ICSID practice shows that most committees have rejected the proposition that the merits and prospects of the application for annulment should influence the committee's decision whether to grant a stay. In addition, ICSID practice regarding the specific circumstances that will justify a stay of enforcement is unclear, and committees have focused on different factors to decide whether to grant a stay such as prospect of prompt compliance with the ward, hardship to one of the parties, risk of non-recovery and irreparable harm to the award debtor. Also, ICSID practice shows that even though the Convention is silent on this issue, committees have generally held that they are empowered to condition the stay of enforcement on the granting of security by the requesting party.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.161-178
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• 2009

This article focuses on the enforceability of arbitration agreements m the dispute of standby letter of credit, especially with the case analysis of the leading case from the U.S. Bankruptcy Court. In Nova Hut a.s. v. Kaiser Group International Inc. case, while the underlying contract contained an arbitration clause, a guarantee to assure contractor's performance did not contain an arbitration clause. Nova Hut drew on the standby for the Contractor's failure to deliver contractual obligations. Against the Kaiser's action under US Bankruptcy law, Nova Hut moved to stay the proceedings pending arbitration, to compel arbitration, and to dismiss the complaint. The US Bankruptcy Court for the District of Delaware denied Nova Hut's motions. On appeal, Kaiser argued that it was not subject to arbitration since it was not a party to the contract. It also argued that Nova Hut had waived its right to arbitration by filing a proof of claim in the bankruptcy proceeding and commencing legal actions in other countries. The appeals court noted that in order to avoid arbitration on those grounds prejudice must be shown. It indicated that because there was no long delay in requesting arbitration and no discovery conducted m the course of litigation, the Kaiser could not demonstrate actual prejudice on the part of Owner. In light of public policy favoring arbitration, the nature of the claims in the parties' agreements, Kaiser's conduct in embracing the agreements, and their expectation of benefit, the appeals court ruled that the doctrine of equitable estoppel applied in requiring the Parent to arbitrate.

• Proceedings of the KSRS Conference
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• 2004.10a
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• pp.668-670
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• 2004

Taipei Water Management Office (TWMO) is one of the eleven district offices in Water Resource Agency. Water management is the top priority to be pursued both on daily management and long-term management at TWMO. There are five departments to perform a wide range of tasks in addition to water management. All management prescriptions are simply to provide sustainable clean water for about four millions population in Taipei. TWMO has gone through 16 years experience of development and implementation of GIS in water management. The objectives of this paper are to provide the major ingredients of successful and operational GIS for water management. The five departments at TWMO have performed tasks such as city planning, construction management, forest management, land use enforcement, soil and water conservation, water quality monitoring and protection, garbage collection, and sewage disposal management. Data base creation was one of the major jobs to be done. Update of data base has to be done on a daily basis. Computers, its peripheral, and software are essential for GIS developed at TWMO. Know-how and technical skill on computers and GIS for every technician are contributing significantly such that GIS can be implemented on most of jobs performed at TWMO. Implementations of GIS have been pursued by application modules on a task-oriented basis. Application modules are simple, easy to use, and menu driven with only Chinese. Web-based and mobile GIS are the new components that make water management at TWMO stay on the right course. To solve problems encountered in water management by GIS at TWMO can be easily and user-friendly may be the most important experience.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2005.11a
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• pp.351-354
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• 2005

In 2004. as a part of special housing policy for low income household, Korean government initiated 'Multiple-dwelling Purchase and Public Rental Program'(MDPPRP) to help people whose needs for appropriate housing cannot be met in private housing market. The main goal of this program was to provide the base for self support of tenants by purchasing 'Multiple-housing' in bundle and transferring them into rental housing with low price to the low income tenants. Unlike other public rental housing programs, this model program limited the length of stay in the rental housing by six years to lead tenant's self support. The purpose of this study was to evaluate the effectiveness of this model program for further expanding enforcement. For this, two groups of residents of 'multiple-dwelling purchase and public rental program' and permanent rental housing were compared and analyzed. Thirty two tenants of MDPPRP were interviewed for the study. As research methods, document review, onsite tenant interviews using questionnaire were used. As a whole, most of the tenants were satisfied with their 'multiple-dwelling' environment in physical and socio-psychological aspects.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.159-166
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• 2007

The Value Engineering(VE) well known as a way of Productivity Elevation is already the proven and outstanding management method in Construction Industry the inside and outside of country. The Value Engineering in domestic, revised by the method of the Construction Technique - Enforcement Ordinance ("the Examination of Design Economy") in 2005, is usually applicable to the Construction Work which cost over 10 billon won. But It is true that there is some differences between theory and reality to apply the Value Engineering in domestic. Therefore the differences are blocking process to enlarge and supply the VE in domestic. In this Study, through a case-analysis of the recently accomplished Design Value Engineering, we give a careful consideration to the problem and cause. And we are inclined to contribute to a successful stay of the Design Value Engineering in domestic as offering the solution about those.