• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.253-276
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• 1999

CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

• Composites Research
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• v.28 no.4
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• pp.182-190
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• 2015

The phenomenological evolution laws of damage can be defined either based on residual life or residual strength. The failure of a specimen can be defined immediately after or before fracture. The former is called in this paper by "failure defined by approach I" and the latter "failure defined by approach II." Usually at failure there is a discontinuity of loading variables and, because of this, damage at failure is discontinuous. Therefore the values of damage at failure by two different approaches are not the same. Based on this idea the sequence effects of the phenomenological evolution law of damage given by $dD/dN=g(D)f({\Phi})$ were studied. Thin-walled graphite/epoxy tubes consisting of four of $[{\pm}45]_s$ laminates were used for the experimental study of sequence effects and the effects of mean stress on fatigue life. It was found that the sequence effects in two step uniaxial fatigue for $[{\pm}45]_s$ graphite/epoxy tubular specimen showed that a high-low block loading sequence was less damaging than a low-high one.

• Journal of the Korean Geosynthetics Society
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• v.3 no.4
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• pp.13-19
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• 2004

This paper presents the results of an investigation on the failure mechanism of geosynthetic-reinforced segmental retaining walls in tiered arrangement using reduced-scale model tests. In this laboratory model tests, a reduced scale model of the full-scale geosynthetic-reinforced wall which was constructed in Geotechnical Experimental Site at Sungkyunkwan University was used to perform a study on the failure mechanism. In order to a high degree of realism, the geometry of the wall and the material properties were selected applying Similitude Laws was used to perform laboratory model tests. And contrary to the previous failure tests with various surcharge pressures, the failure by the tired wall weight was observed. Primary variables considered in the model tests include the different offset distance between the tiers and the different reinforcement length in the lower tier and as a result of the parametric study, a different failure pattern was observed.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.103-127
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• 2008

This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.81-99
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• 2013

One of the most defining characteristics of arbitration is that an arbitral tribunal's jurisdiction is established by parties' mutual agreement. If a party to the arbitral proceedings believes that a tribunal constituted lacks jurisdiction to conduct the arbitral proceedings, it may challenge the jurisdiction of the tribunal in different ways. Although the concept of kompetenz-kompetenz and the grounds to challenge the Tribunal's jurisdiction are readily accepted in the arbitration community, what parties often fail to observe is the time limit imposed by the relevant laws in bringing such objections. This article aims to examine several main ways of challenging the tribunal's jurisdiction and the applicable time limits in each scenario. The article will then focus on the consequences of a party's failure to adhere to the strict time limits and its effect at the post-award stage. These issues will be considered in the light of case law from different Model law jurisdictions with particular illustrations from the arbitration law of Singapore.

• The Transactions of the Korean Institute of Electrical Engineers D
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• v.52 no.9
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• pp.520-525
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• 2003

A robust controller for large space structures(LSS) is studied from passivity point of view. While velocity sensors are commonly used for proportional-derivative (PD) control law to stabilize large space structures, if the structure can be controlled without velocity measurements, it is desirable against the failure of velocity sensors and for the cost reduction of the sensing system. In a recent result a dynamic output feedback control law has been provided using only displacement measurements. This paper presents a passivity-based controller design method and provides an alternative stability analysis tool for the previous displacement feedback robust control law. The closed-loop system can be viewed as a feedback interconnection of a passivated large space structure (LSS) and a strictly positive real (SPR) system.

• Structural Engineering and Mechanics
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• v.19 no.5
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• pp.567-580
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• 2005

Numerous tests on concrete structure members under local pressure demonstrated that the compressive strength of concrete at the loaded surface is increased by the confinement effect provided by the enveloping concrete. Even though most design codes propose specific criteria for preventing bearing failure, they do not take into consideration size effect which is an important phenomenon in the fracture mechanics of concrete/reinforced concrete. In this paper, six series of square prism concrete blocks with three different depths (size range = 1:4) and two different height/depth ratios of 2 and 3 are tested under concentrated load. Ultimate loads obtained from the test results are analysed by means of the modified size effect law (MSEL). Then, a prediction formula, which considers effect of both depth and height on size effect, is proposed. The developed formula is compared with experimental data existing in the literature. It is concluded that the observed size effect is in good agreement with the MSEL.

• Communications for Statistical Applications and Methods
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• v.12 no.2
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• pp.483-496
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• 2005

We consider the power law process which is assumed to have multiple changepoints. We propose a binary segmentation procedure for locating all existing changepoints. We select one model between the no-changepoints model and the single changepoint model by the Bayes factor. We repeat this procedure until no more changepoints are found. Then we carry out a multiple test based on the Bayes factor through the intrinsic priors of Berger and Pericchi (1996) to investigate the system behaviour of failure times. We demonstrate our procedure with a real dataset and some simulated datasets.

• Journal of Information Technology Applications and Management
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• v.23 no.4
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• pp.117-125
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• 2016

Software reliability in the software development process is an important issue. In infinite failure non-homogeneous Poisson process software reliability models, the failure occurrence rates per fault. can be presented constant, monotonic increasing or monotonic decreasing pattern. In this paper, the reliability software cost model considering decreasing intensity function was studied in the software product testing process. The decreasing intensity function that can be widely used in the field of reliability using power law process, log-linear processes and Musal-Okumoto process were studied and the parameter estimation method was used for maximum likelihood estimation. In this paper, from the software model analysis, we was compared by applying a software failure interval failure data considering the decreasing intensity function The decreasing intensity function model is also efficient in terms of reliability in the arena of the conservative model can be used as an alternating model can be established. From this paper, the software developers have to consider life distribution by preceding information of the software to classify failure modes which can be gifted to support.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.8 no.3
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• pp.85-90
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• 1988

A probabilistic model for the failure in a homogeneous soil slope is presented. The Safety of the slope is measured through its probability of failure rather than the customary factor of safety. The safety margin of slope failure is assumed to follow a normal distribution. Sources of uncertainties affecting characterization of soil property in a homogeneous soil layer include inherent spatial variability., estimation error from insufficient samples, and measurement errors. Uncertainties of the shear strength-along potential failure surface are expressed by one-dimensional random field models. The rupture surface, created at toe of a soil slope, has been considered to propagate towards the boundary along a path following an exponential (log-spiral) law. Having derived the statistical characteristics of the rupture surface and of the forces which act along it, the probability of failure of the slope was found. Finally the developed procedure has been applied in a case study to yield the reliability of a soil slope.