• Title/Summary/Keyword: cost of arbitration

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A Study of Ways to Expand Use of ADR (대체적 분쟁해결제도(ADR)의 활성화 방안에 관한 고찰)

  • 김경배
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.171-205
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    • 2002
  • ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

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New gTLD Program: Uniform Rapid Suspension System and Trademark Clearinghouse (신규 일반 최상위 도메인의 도입과 통일신속정지제도(URS)에 대한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.113-131
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    • 2011
  • Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced the expansion of the number of generic top-level domains (gTLDs) beyond the current 22 gTLDs, and the gTLD Applicant Guidebook for ICANN's new gTLD program is now under consideration for approval. ICANN also introduces a "Trademark Clearinghouse" and the "Uniform Rapid Suspension (URS)" procedure to protect trademarks and expedite dispute resolution and save costs. The Trademark Clearinghouse is a central repository for information to be authenticated, stored and disseminated, pertaining to the rights of the trademark holders. Trademark holders would voluntarily provide data of their trademarks from all over the world, and it would assist a trademark watch service provided by the new gTLD registry for trademark holders and potential domain name registrants. The URS is a part of the new gTLD dispute resolution mechanisms created by ICANN to resolve cybersquatting disputes. A complainant in a URS proceeding must establish three elements that are very similar to the existing UDRP to succeed, but supposedly more expedited and cost efficient. Since the URS provides that it only protects court validated and registered trademarks, it is not clear whether unregistered marks used in commerce are protected under the URS. The URS escalates the complainant's burden of proof from a preponderance of evidence standard under the UDRP to a clear and convincing evidence standard. The notices to a respondent shall be sufficient if the URS Provider sends the notice of Complaint to the addresses listed in the Whois contact information. As registrants who wish to conceal their true identity often subscribe to the privacy/proxy service and the complainant's high rate of success in the UDRP proceeding is relevant to the respondents' default rate, the URS's simple notice requirement would deprive respondents of a fair opportunity to assert their rights over the disputed domain names.

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Study on the dynamic bandwidth allocation over Ethernet Passive Optical Network (이더넷 수동형 광가입자망에서의 동적 대역폭 할당에 관한 연구)

  • Joo, Jung-Min;Byun, Hee-Jung;Nam, Gi-Wook;Lim, Jong-Tae
    • Proceedings of the KIEE Conference
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    • 2004.11c
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    • pp.663-665
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    • 2004
  • Ethernet-based passive optical network(EPON) technology is being considered as a promising solution for next-generation broadband access network. It must have the property of high efficiency, low cost, and support quality of service(QoS). A major feature for this new architecture is the use of a shared transmission media between all connected optical network unit(ONU). Hence, medium access control(MAC) arbitration mechanisms are essential for the successful implementation of EPON. In this paper we propose a simple dynamic bandwidth allocation(DBA) algorithm that improves the performance of network and supports IP-based multimedia applications with the bursty data traffic. In addition, we introduce analytic models of proposed algorithms and prove the system based on our algorithm to be asymptotically stable. Simulation results show the new DBA algorithm provides high bandwidth efficiency and low queueing delay of ONU in EPON.

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

A Relationship of Managing Impacts of FOREX Fluctuations and Organizational Capabilities in Construction Business

  • Mohamed, Mohd Amizan Bin;Teo, Melissa;Kajewski, Stephen;Trigunarsyah, Bambang
    • International conference on construction engineering and project management
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    • 2015.10a
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    • pp.477-480
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    • 2015
  • Construction projects are high-risk activities. When undertaking such projects in an international setting, it can be complicated by foreign exchange (FOREX) fluctuation risk. This affects the construction business performance in various ways, namely its progress due to delays, which in turn create further problems, specifically cost overruns as a result of price increase in raw materials, disputes, arbitration, litigation and even, total abandonment. Thus, the effective management of FOREX fluctuations is crucial. Previous studies have focused on the need for contract safeguards, adequate insurance, careful planning and management, as well as foreign exchange futures hedging to address some of the risks triggered by FOREX fluctuations. An analysis of FOREX fluctuations in the international construction industry revealed that more often it was focused on project-specific issues. Currently, there is a relative lack of awareness on Organizational Capabilities (OC), the abilities that owned by the organization, which is essential in managing the impact of FOREX fluctuations. Where research has focused on OC, these are viewed in isolation. Therefore, this study attempts to close the gap by proposing a framework on managing the impact of FOREX fluctuations in the international construction industry, employing the OC perspective.

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An Implementation of the Controller for Multiple DC Motors Using CAN (CAN 통신을 이용한 다중 직류 모터 제어기 구현)

  • Kim, Hyun-Sung;Kwon, Man-Oh;Yi, Keon-Young
    • Proceedings of the KIEE Conference
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    • 1999.07b
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    • pp.583-585
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    • 1999
  • This paper presents the controller of multiple DC motors using the network. This controller has been built with 16-bits one chip microprocessor (87C196CA) which includes the integrated CAN serial communication and position control for two motors. Since only one microprocessor is needed, the proposed controller is not only cost effective but also powerful. The system is composed of one main controller, trajectory planner, and the other sub controller, position controller. The main controller which has been built using Visual Basic programming on the Pentium PC, generates the trajectory and then transmits it to the sub controller. The trajectory transmitted from the PC will be processed by the sub controller. Two motors are controlled using the conventional position control, PID, to reach them the same target position but with different velocities at the same time. The communications between the main controller and sub controller is performed through the RS-232 or the CAN communication The CAN would be safer and faster than serial communication network since it has non-destructive bitwise arbitration specification. In this paper, we consider the CAN communications generally and then show the usefulness of the proposed controller by demonstrating position control of two DC motors.

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Implementation of a Blockchain-based Talent Trading Platform to Reduce Transaction Costs (거래 비용 절감을 위한 블록체인 기반 재능거래 플랫폼)

  • Yang, Seonghun;Jin, Hoe-Yong;Kim, Sang-Kyun
    • Journal of Broadcast Engineering
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    • v.25 no.6
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    • pp.922-934
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    • 2020
  • The talent trading platform is a platform that brokers transactions such as program coding, media content production (video, music, presentation materials, etc.), design, learning, and repair. Existing talent trading platforms provide a server-client model-based service, which incurs server operating costs and arbitration labor costs for transactions, which has a disadvantage that users bear high service fees. This paper proposes a method to reduce server and database operation costs by uploading transaction information to blocks through the system as a distributed app (dApp) based on the Ethereum platform. In addition, it proposes a method to lower transaction fees by reducing the labor cost of transaction arbitrators through smart contracts. Compare and analyze the cost processing procedure and transaction fee size of the blockchain-based talent trading platform and the existing talent trading platform.

Forecasting the Effects of the Claims in the Korean Construction Industry (국내 중재사례를 통한 주요 건설 클레임 예측 방안)

  • Kim, Jihye;Im, Haekyung;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.5
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    • pp.35-44
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    • 2016
  • Various risk factors are known to be the nature of construction project execution process. These factors lead to potential claims, dispute mediation, arbitration, and litigation which can result in huge loss of money and time. Therefore, it is necessary for construction companies in Korea to improve overall project management capability through the evaluation before entering into the overseas construction market. Also, after examination of the claim and dispute caused by construction project risks, a substantial degree of influence and active preparation for the claim and dispute management should be confirmed via the effect analysis of the each factors. Main claim causes were derived through claim and dispute cases involved with domestic construction projects. As a prediction result of the main claim, 16.1% of the construction change claim, 5.7% of the bad faith claim and 2.7% for the construction delay claim were found to be the portion of the total construction cost. As a result of this analysis, risk management methodology was suggested to improve a project management capability for domestic construction companies through analysis result of the main factors of construction claims.

Problems in the Medical Dispute Medication System and Improvement Plan (의료분쟁조정제도 운영상의 문제점 및 개선방안)

  • Choi, Jang Seop
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.91-122
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    • 2014
  • For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

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Improvement of Management of Long-Term Care Facilities Through FGI (FGI를 통한 노인장기요양시설 운영 개선 방향에 관한 연구)

  • Park, Sung Won;Lee, Won Jae
    • The Journal of the Korea Contents Association
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    • v.19 no.1
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    • pp.587-597
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    • 2019
  • With the rapid aging of the nation's population and the increasing number of elderly people with difficulties in daily life, the elderly care system was implemented for social solidarity. Structural problems in the long-term care system that emerged after the introduction of the system are demanded, and the problem of functional readjustment between nursing hospitals and facilities is raised due to the lack of continuity of care for the elderly by institutional and salary types. In this study, we set up research problems related to personnel, staff, and services to address the problem and conducted FGI. Research has shown that the number of elderly and recognized people in the region, the number of elderly and elderly patients, needs to be reflected in long-term care demand, the direction of appropriate institutional and manpower supply policies, and the establishment of local government goals and plans to strengthen the long-care institutions. It was revealed that non-medical accident arbitration bodies are needed to apply the cost of food insurance, provide programs through links with relevant institutions, and manage the admission smoothly.