• 정보처리학회논문지D
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• 제10D권1호
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• pp.125-132
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• 2003

인터넷 예약 서비스는 가장 많이 이용되는 인터넷 서비스 중의 하나이며, 특히 에이전트를 이용하면 효과적으로 인터넷 예약 서비스를 이용 할 수 있다. 에이전트는 반복적인 예약 과정을 대신하며 가장 적합한 서비스정보를 선별하여 제공한다. 본 연구에서 인터넷을 통해 대중적으로 이용되는 교통편의 예약을 할 수 있도록 하는 사용자 적응능력을 가지는 에이전트를 설계하고 구현하였다. 본 시스템은 인터페이스 에이전트와 태스크 에이전트 그리고 필터링 에이전트의 멀티 에이전트로 구성되었다. 인터페이스 에이전트는 사용자의 요구를 분석하고 에이전트들의 결과를 통합하는 시스템의 중재자 역할을 담당하고 사례를 기반으로 정보를 추론하여 사용자에 적응할 수 있는 능력을 가진다. 본 시스템에는 세 개의 태스크 에이전트가 존재하며 이들은 각각 정보를 수집하고 정보의 변화를 감시하고, 필터링 에이전트는 수집된 정보로부터 예약상황에 관련된 정보만을 추출한다. 결론적으로, 본 시스템은 기차와 항공기의 예약상황정보를 통합적으로 제공하며, 예약을 위한 단순하고 반복적인 작업 을 에이전트가 사용자를 대신하여 수행한다.

• 무역상무연구
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• 제28권
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• pp.91-117
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• 2005

The purpose of this paper is to examine practical and legal considerations in the choice of the "Seat of Arbitration". As the selection of the "Seat of Arbitration" in an international commercial contract is vital both judicially and practically, so to speak, in terms of enforceability of award, judical interference in arbitration proceedings, relative convenience and expense, and the selection of arbitrators, the selection should be carefully considered and examined. In case of institutional arbitration, when the arbitration clause does not nominate the seat, the administrator or the secretariat of the institution or the arbitrator tribunal would usually determine the seat. On the contrary in case of ad hoc arbitration, Unless otherwise agreed by the parties, the "Seat of Arbitration" would be determined according to the rules which are selected by parties or their arbitrators. To avoid confusing situation about the selection of the seat, this writer would like to recommend ICC or LCIA with each Standard Arbitration Clause. If the parties want any national arbitration institution because of the expenses incurred in international institution, AAA or CEPANI is recommendable in terms of the reputation, operating system and recognized performance. Specially ICC Court of Arbitration usually examines the award before it is issued, so the enforceablity would go up. Thus when the parties lay down the arbitration clause in their contract they should confirm whether the "Seat of Arbitration" is fixed or not. If not, at least they should examine the arbitration rules which would be applied, and know in advance how the seat be determined.

• 대한전자공학회논문지TC
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• 제43권7호
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• pp.41-49
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• 2006

이동 Ad-hoc 네트워크는 중재자의 도움없이 자율적으로 망의 구성이 가능하다. 그로 인해 불법적인 공격자 노드로 위장 공격이 발생할 경우 대책이 어렵고 대량의 위장 공격 패킷이 전 네트워크에 전파되어 네트워크 가용성 및 생존성에 영향을 미친다. 본 논문에서는 기존의 IPv4와 IPv6 네트워크의 연동 기술인 터널 브로커의 보안 문제를 극복하고 이동 Ad-hoc 네트 워크의 안정성을 향상 시키기 위해 TSP(Tunnel Setup Protocol) 기반 안전한 IPv6 터널 브로커(TB)를 제안한다. 클라이언트와 터널브로커(TB)구간에서 서로 통신하기 위해 HTTP에 기초하지 않고 SHTTP(Secure HTTP)에 기본으로 하며, XML 메시지를 송수신시 암호화/복호화하여 통신한다. 마지막으로 클라이언트와 터널 서버 (Tunnel Server: TS) 사이에서는 IPSec을 적용하여 중요한 정보를 암호화/복호화 한다.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.3-17
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• 2015

For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.3-27
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• 2013

Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• 디지털융복합연구
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• 제16권12호
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• pp.197-206
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• 2018

온라인 악성댓글에 대한 폐해는 지속적으로 증가하고 있다. 많은 선행 연구들은 악성댓글에 대한 중화가 핵심적인 선행 요인임을 확인해왔다. 중화는 이론적으로 일곱개의 다차원 개념으로 구성되어 있으며 일탈행위의 종류에 따라 중화요인의 유의성이 다르게 나타난다. 본 연구는 일탈행위 연구에서 다차원의 중화 기술 요인들을 실증한 것과는 다르게 악성 댓글 연구에서는 중화기술을 단일 차원으로 살펴보았다는 사실에 주목한다. 한편, 일탈행위에 대한 중재자의 역할은 일탈행위 억제에 기여할 수 있지만 악성댓글 연구에서의 중재 의도에 대한 연구는 상대적으로 부족한 상황이다. 상호보완적인 두 개의 연구로 구성된 본 연구는 악성댓글 작성의도와 중재 의도에 대한 관련 요인들을 발견하고자 하였다. 연구결과, 본 연구는 악성댓글 작성자가 비난자에 대한 비난과 책임의 부정 중화기술을 활용 한다는 것을 발견하였다. 또한, 상대방과의 정서적 공감이 악성댓글 중재 의도에 중요한 영향을 준다는 사실을 발견하였다.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.107-132
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• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• 한국중재학회지:중재연구
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• 제32권1호
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• pp.25-42
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• 2022

The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose. Expedited arbitration is increasingly used by parties and is growing in popularity. The basic idea behind establishing expedited arbitration rules is to create the possibility for the parties to a dispute to agree on a simplified and streamlined procedure and to have an arbitration award issued within a short period. The associated cost savings for the parties is another benefit. The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the "increasing demand to resolve simple, low-value cases by arbitration" and "the lack of international mechanisms cope with such disputes." As a result, the UNCITRAL 2021 Expedited Arbitration Rules (UNCITRAL EAR) took effect on September 19, 2021. The EAR was adopted by the Commission on 21 July 2021 and, next to UNCITRAL's well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission's impactful work in the field of international arbitration. Overall, the UNCITRAL EAR has great potential to meet the need for more flexible and efficient arbitration proceedings, primarily because they provide the tribunal with strong managerial powers while still leaving room for consultation with the parties. However, parties must remember that not all disputes may be suitable for expedited arbitration, and disputes that are complex or have the possibility of being joint or consolidated may not benefit from simplified procedures and tight deadlines. This article will outline the core features and characteristics of the UNCITRAL EAR.

• 한국중재학회지:중재연구
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• 제34권1호
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• pp.75-101
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• 2024

"ESG management" guides companies to prioritize corporate social responsibility and sustainable development as key management objectives, going beyond mere financial performance pursuits. This approach involves creating a sustainable and robust supply chain by urging companies, acting as 'supply chain managers', to implement ESG management practices alongside their 'supply chain partners'. The domestic business community has been quick to respond to this trend, recognizing that failure to adhere to ESG standards set by organizations such as the EU and SEC could lead to severe repercussions, including exclusion from international trade and reputational damage. POSCO and NAVER, two leading Korean companies, are at the forefront of practicing ESG management effectively. They have both produced and publicly disclosed ESG management reports, showcasing their success in enhancing supply chain ESG management. However, as supply chain managers enforce ESG-related obligations on their suppliers, the likelihood of disputes between the parties may increase. In scenarios where supply chain ESG management leads to conflicts between supply chain managers and suppliers, commercial arbitration emerges as a viable solution for dispute resolution. This method offers several advantages, including the arbitrators' expertise, time and cost efficiency, the binding nature of decisions akin to a court's final judgment, international recognition under the New York Convention, confidentiality, and ample opportunity for parties to be heard. Our analysis focuses on the emerging disputes between supply chain managers and suppliers within the context of supply chain ESG management, particularly examining the cases of POSCO and NAVER. By categorizing the expected types of disputes and assessing the appropriateness of commercial arbitration for their resolution, we highlight the effectiveness of this approach. Furthermore, we propose leveraging the Korean Commercial Arbitration Board's role to enhance the use of arbitration in resolving supply chain ESG disputes, underscoring its potential as a strategic tool for maintaining sustainable and harmonious supply chain relationships.