• Title/Summary/Keyword: The Third Party

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Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Non-signatories in Arbitration Proceedings With Focus on a Third Party Beneficiary and Equitable Estoppel Doctrines in the United States

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.77-94
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    • 2017
  • The United States has used legal theoretical constructions such as equitable estoppel and the third party beneficiary under which non-signatories of an arbitration agreement can be bound to the arbitration agreement of others. The third party beneficiary theory has been used when a signatory defendant argues that a non-signatory plaintiff is bound by an arbitration agreement, or a non-signatory defendant argues that a signatory plaintiff is required to arbitrate the plaintiff's claims against the non-signatory. On the other hand, equitable estoppel has developed as two distinct theories. According to the first theory, if a non-signatory party knowingly accepted the benefits of an agreement, it can be estopped from denying its obligation to arbitrate. The second theory compels a signatory to arbitrate because of the close relationship between the entities involved and the fact that the claims were intimately founded in and intertwined with the underlying contract obligations.

A Study on the Advanced Foreign′s Third Parth Logistics Trend & View at Global Logistics Times (글러벌 물류시대 선진외국의 제3자 물류동향과 전망)

  • 박영태
    • Proceedings of the Korean DIstribution Association Conference
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    • 2001.11b
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    • pp.91-122
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    • 2001
  • This paper's object is to study the Advanced Foreign's Third Party Logistics Trend & View at Global Logistics Times. So, I analysed the Advanced Foreign U.S. & EU and the results are as follows: First, a growth in the number of outsourcing relationships has contributed to the development of more flexible organizations, based on core competencies and mutually beneficial longer-term relationships. So, the development of logistics relationships has brought mixed results. Across many industries, logistics outsourcing is a rapidly expanding source of cost savings, competitive advantage, and customer service improvements. Thus, it appears that Third Party Logistics(TPL) concepts could be useful in meeting the goals of the 1ogistics function. Second, the field of logistics and supply chain management is becoming strategically important. At the same time, it is becoming increasingly complex because of the rapid advances in management methods, e-commerce, technology, and enabling information systems. However, Third Party Logistics provider, many a times, lack broad set of skills, integrating technologies, strategies and global reach. So, Fourth Party Logistics(4PL) is the next significant evolution in supply chain outsourcing. 4PL delivers a comprehensive supply chain solution, and delivers value through the ability to impact the entire supply chain. The 4PL industry is likely to grow as more companies use e-commerce at Global Logistics Times.

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Development of Third-Party Damage Monitoring System for Natural Gas Pipeline

  • Shin, Seung-Mok;Suh, Jin-Ho;Im, Jae-Sung;Kim, Sang-Bong;Yoo, Hui-Ryong
    • Journal of Mechanical Science and Technology
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    • v.17 no.10
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    • pp.1423-1430
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    • 2003
  • In this paper, we develop a real time monitoring system to detect third-party damage on natural gas pipeline. When the damage due to third-party incidents causes an immediate rupture, the developed on-line monitoring system can help reducing the sequences of event at once. Moreover, since many third-party incidents cause damage that does not lead to immediate rupture but can grow with time, the developed on-line monitoring system can execute a significant role in reducing many third-party damage incidents. Also, when the damage is given at a point on natural gas pipeline, the acoustic wave is propagated very fast about 421.3 m/s. Therefore, the data processing time should be very short in order to detect precisely the impact position. Generally, the pipeline is laid under ground or sea and the length is very long. So a wireless data communication method is recommendable and the sensing positions are limited by laid circumstance and setting cost of sensors. The calculation and monitoring software is developed by an algorithm using the propagation speed of acoustic wave and data base system based on wireless communication and DSP systems. The developed monitoring system is examined by field testing at Balan pilot plant, KOGAS being done in order to demonstrate its validity through reactive detection of third-party contact with pipelines. Furthermore, the development system was set at the practical pipelines such as an offshore pipeline between two islands Yul-Do and Youngjong-Do, and a land branch of Pyoungtaek, Korea and it has been operating in real time.

Development of Fiber Optic Accelerometer for Third-Party Damage Detection (타공사 감시를 위한 광섬유 가속도계의 개발)

  • Park, Ho-Rim;Choe, Jae-Bung;Kim, Yeong-Jin
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.25 no.10
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    • pp.1551-1558
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    • 2001
  • Recently, a number of underground pipelines have been drastically increased. The integrity of these buried pipelines, especially gas transmitting pipelines, is of importance due to an explosive characteristic of natural gas. The third party damage is known as one of the most critical factor which causes fatal accidents. For this reason, a number of systems detecting third party damage are under development. The major concern in the development of third party damage detection system is to transmit vibration signals out of accelerometer to signal conditioner and data acquisition system without any interference caused by noise. The objective of this paper is to develope a fiber optic accelerometer applicable to third party damage detection system. A fiber optic accelerometer was developed by use of combining principles of one degree of freedom vibration model and an extrinsic Fabry-Perot interferometer. The developed fiber optic accelerometer was designed to perform with a sensitivity of 0.06mVg, a frequency range of less than 6kHz and an amplitude range of -200g to 200g. The developed, accelerometer was compared with a piezoelectric accelerometer and calibrated. In order to verify the developed accelerometer, the field experiment was performed. From the field experiment, vibration signals and the location of impact were successfully detected. The developed accelerometer is expected to be used for the third party damage detection system which requires long distance transmission of signals.

A Quantitative Analysis on the Effect of 155M Artillery Ammunition Procurement from Third Party Countries in the Wartime (전시 155밀리 포병탄약에 대한 제 3국 조달의 계량적 효과분석)

  • Lee, Sang-Jin;Bak, Sang-Hyeon
    • Journal of the military operations research society of Korea
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    • v.37 no.1
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    • pp.11-25
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    • 2011
  • This study analyzes the quantitaive effect of 155M artillery ammunition procurement from third party countries in the wartime using simulation. First, we study the concept of ammunition supply, procurement plan, transportation plan in the wartime and logistics support from third party countries. We then study the ammunition support possibility from third party countries. Secondly, we make a basic model on the sea-lift from Korea to U.S in the wartime using simulation followed by making comparative models on the sea-lift from Korea to U.S and third party countries. Finally, we analyze models on the completion date of ammunition transportation and the ammunition amount of each operation step. We then execute the sensitivity analysis on the ammunition amount from third party countries. In cocclusion, ammunition prcurement from third party countreis more supply 10% than basic model.

Analysis of a Third-Party Application for Mobile Forensic Investigation

  • Ryu, Jung Hyun;Kim, Nam Yong;Kwon, Byoung Wook;Suk, Sang Ki;Park, Jin Ho;Park, Jong Hyuk
    • Journal of Information Processing Systems
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    • v.14 no.3
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    • pp.680-693
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    • 2018
  • Nowadays, third-party applications form an important part of the mobile environment, and social networking applications in particular can leave a variety of user footprints compared to other applications. Digital forensics of mobile third-party applications can provide important evidence to forensics investigators. However, most mobile operating systems are now updated on a frequent basis, and developers are constantly releasing new versions of them. For these reasons, forensic investigators experience difficulties in finding the locations and meanings of data during digital investigations. Therefore, this paper presents scenario-based methods of forensic analysis for a specific third-party social networking service application on a specific mobile device. When applied to certain third-party applications, digital forensics can provide forensic investigators with useful data for the investigation process. The main purpose of the forensic analysis proposed in the present paper is to determine whether the general use of third-party applications leaves data in the mobile internal storage of mobile devices and whether such data are meaningful for forensic purposes.

A Survey on the Farmers and Agricultural College Students' Perception of Farming Succession (농가와 농업계 대학생의 영농승계에 대한 인식조사)

  • Lee, Choon-Soo;Kang, Chang-Soo;Yang, Sung-Bum
    • Korean Journal of Organic Agriculture
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    • v.27 no.2
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    • pp.111-132
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    • 2019
  • Recently farming succession has become an important topic in agriculture in order to secure agricultural manpower in response to the aging of farming households and declining population. This study investigates farmers and agricultural college students' perception of farming succession in Korea, especially of farming succession to a third party. Farmers and agricultural college students are potential farming transferors and successors, respectively. We surveyed 146 farmers and 95 students who graduated or were studying at the Korea National College of Agriculture and Fisheries. The questions of the survey are largely divided into four categories: 1) the will and scope of farming transfer and succession, 2) the requirements for the successors of farming, 3) the perception on the succession to third-parties, and 4) the farming succession policy. According to the survey results 41.4% of farmers and 46.3% of potential farming successors have willingness to accept a farming succession to a third party. When farming succession was carried out through the Farming Succession Exchange, 46.8% of farmers and 54.7% of successors said they are willing to carry out third-party farming succession. This means that a third-party farming succession could be activated if the reliability issue that may arise during the farming succession is resolved through the Farming Succession Exchange. Other implications for farming succession are suggested at the end of this study.

A Study on the Subjective Scope of an Arbitration Agreement (중재합의 효력의 주관적 범위에 관한 고찰)

  • Soo-Mi Kang
    • Journal of Arbitration Studies
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    • v.33 no.1
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    • pp.51-76
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    • 2023
  • It is important who is bound by an arbitration agreement and what is the subject of the agreement in resolving disputes through arbitration. However, there are no provisions on them in the Korean Arbitration Act. Where an arbitration agreement is valid, the persons who are bound by the agreement cannot bring the claims which are the subject of the agreement to a court. Therefore, in determining the subjective scope of the effect of an arbitration agreement, we should make allowances for the essential qualities of arbitration to ensure the efficient resolution of disputes on the basis of the parties' agreement, and take caution not to infringe on the rights to be tried in court. Where the rights or legal relationships constituting the dispute that is the subject of the arbitration agreement have been assigned, the effect of the arbitration agreement between the predecessor and the other party should be extend to the successor, when it is agreed to transfer the status under the arbitration agreement to the successor between the three. However, in the absence of such an agreement, it is necessary to weigh the interests between the predecessor, the other party and the successor to determine whether the arbitration agreement has any effect on the successor. Arbitration is a method of resolving disputes based on the agreement of the parties. If it matters whether third parties who are not parties to the arbitration agreement is bound by the arbitration agreement or may invoke it, it should be resolved according to the intentions of the parties. Where the parties to an arbitration agreement have agreed to allow a third party to invoke the arbitration agreement, the effect of the arbitration agreement will extend to the third party. However, even if the parties to the arbitration agreement have not expressly agreed on this, when it is recognized that the parties have sought to resolve the dispute through arbitration even in relation to a third party by exploring the reasonable intentions of the parties, the effect of the arbitration agreement will extend to the third party.

The Comparative Study on Third Party Mobile Payment Between UTAUT2 and TTF

  • Wu, Run-Ze;Lee, Jong-Ho
    • Journal of Distribution Science
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    • v.15 no.11
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    • pp.5-19
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    • 2017
  • Purpose - According to the research findings, it proposes corresponding market promotion schemes, for Alipay, WeChat wallet and even other payment service providers and mobile internet companies to understand the factors which promote or hinder users' acceptance of mobile payment. Research design, data, and methodology - Statistic analysis of data and social science statistical software of IBM Statistics 23.0 and IBM SPSS AMOS 23.0 were adopted for all the data researched. Results - The technical features of the third party mobile payment and the task characteristics of users have positive influence on the matching degree between task and technology, and the matching degree between task and technology of the third party mobile payment has positive influence on the performance expectancy, effort expectancy and usage intention. The social influence, facilitating condition, price value and enjoyment motivation have significant and positive influence on users' intention of mobile payment adoption. The perceive security of the mobile fingerprint payment of users has positive influence on users' intention of usage. Conclusions - This research has the main contribution on the analysis on the key factors with influence on the third party mobile payment usage by utilizing the integrated model of UTAUT2 and TTF.