• Title/Summary/Keyword: interested 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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Effects of Word-of-Mouth and Assurance on Trust in the Internet Shopping Mall Environments: The Moderation Effect of Ease of Product Evaluation (인터넷 쇼핑몰에서 구전과 보증이 신뢰에 미치는 영향 : 제품평가 용이성의 조절효과를 중심으로)

  • Lee, Kyu-Ha;Kwahk, Kee-Young
    • Knowledge Management Research
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    • v.15 no.3
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    • pp.141-168
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    • 2014
  • Purchasing through Internet shopping mall has more uncertainty compared with offline shopping mall. Previous studies have presented that trust plays a role of reducing uncertainty and increasing purchasing intention. In this study, we suggest that third-party assurance and word-of-mouth contribute to the formation of trust. In addition, we also propose that ease of product evaluation plays moderating roles in the relationships between third-party assurance, word-of-mouth and trust. For this study, we collected sample data from two groups consisting of online shoppers purchasing the search goods and experience goods categorized by type of ease of product evaluation. Empirical results show that word-of-mouth and third-party assurance have different effects on trust in two groups. The third-party assurance has a stronger impact on trust in online shopping group of the search goods than in the experience goods, while word-of-mouth in the online community has a stronger impact on trust in online shopping group of the experience goods than in the search goods. We expect that this result will provide researchers and managers who are interested in trust formation factors in online shopping mall with useful theoretical and practical implications.

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The Challenge of Arbitral Awards in Pakistan

  • Mukhtar, Sohaib;Mastoi, Shafqat Mahmood Khan
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.37-57
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    • 2017
  • An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

A Study on the Factors Affecting the Intention to Adapt PMO in Public Sectors (공공부문 PMO도입 의도에 영향을 미치는 요인에 관한 연구)

  • Suh, Bai-Sun;Hwang, Gee-Hyun;Kim, Sung-Kun
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.159-169
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    • 2014
  • The purpose of PMO (Project Management Office) systems implementation in public sectors is to prevent the potential risks of IT projects with the project management for the electronic government, and to improve the quality of the project. As a leading country in software areas, PMO systems will play an important role to lead the best smart electronic government in the global world. This study suggested an operating model of PMO systems in public sectors in advance to use the PMO systems in public sectors by conducting a research investigating the key organizational role as the major factor which affects the behavioral intention of PMO systems implementation. We tested a hypothesis that Effort Expectancy factors and Facilitating Condition among the interested party groups will influence the Behavioral Intention of PMO systems implementation, and the result have given no difference to the Control Effect among the interested party groups. This study have shown that the interested party groups have common recognition about the Behavioral Intention of PMO systems implementation in the public sectors.

Generalization of Zero-Knowledge Proof of Polynomial Equality (다항식 상등성 영지식 증명의 일반화)

  • Kim, Myungsun;Kang, Bolam
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.40 no.5
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    • pp.833-840
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    • 2015
  • In this paper, we are interested in a generalization of zero-knowledge interactive protocols between prover and verifier, especially to show that the product of an encrypted polynomial and a random polynomial, but published by a secure commitment scheme was correctly computed by the prover. To this end, we provide a generalized protocol for proving that the resulting polynomial is correctly computed by an encrypted polynomial and another committed polynomial. Further we show that the protocol is also secure in the random oracle model. We expect that our generalized protocol can play a role of building blocks in implementing secure multi-party computation including private set operations.

A study on the activation plan of domestic franchise companies third party logistics (국내 프랜차이즈 기업의 제3자 물류 활성화에 관한 연구 : 본아이에프 사례 중심으로)

  • Cho, Jun-ho;Lee, Sang-Youn
    • The Journal of Industrial Distribution & Business
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    • v.2 no.2
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    • pp.15-24
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    • 2011
  • Modern enterprises should concentrate their efforts on continuous improvements in focusing their development in the core areas of business and to reduce their expenses and to enhance the quality of service for customers. The enterprises should focus on their core business while outsourcing the non-core areas of business to external specialists for the purpose of reducing cost. In South Korea, the enterprises are becoming increasingly interested in outsourcing their logistics function, especially in using IT technologies to the 3PL. The underlying reason for this trend is because the logistics costs of Korean businesses are much higher than that of other advanced countries. This higher logistic costs weakens the price competitiveness of Korean companies in the overseas export markets and even dampening the balance of international trade. Domestically, the higher logistics costs have the effect of raising prices in the local markets and thus affecting the local economy. Therefore a solution is urgently needed to save the logistics costs for the Korean companies in the interest of increasing national competitiveness. Outsourcing to the 3PL is becoming an attraction solution to this problem. Thanks to the increasing supply of professional logistics companies, many of the enterprises are switching to the Third Party Logistics. Nevertheless the enterprises do not yet utilize the integrated third-party logistics services on a full scale. This study analyzes present conditions and problems of the domestic third-party logistics market and suggests directions for future development. To solve the problems in the domestic third-party logistics market, four actions are recommended. First there should be new supporting policies in the laws and regulations and a system for small and medium sized companies to grow. Solutions to structural problems such as abnormal multilevel merchandising, illegal operation of private cars, and freight dumping should be implemented concurrently. Furthermore, standards for new companies entry into the market should be enhanced to allow only the competitive distribution companies to enter the market. Second, development of variety of educational programs is needed through establishing human-resource development system and specialized formal educational institution focused on this market. Third, the third party distribution companies, which seek long-term relationships with the owners of goods, should endeavor to strengthen their communications capability. Fourth, adoption of high-tech distribution system and the advent of U-Logistics, making use of RFID is urgent. This study has the limitation of objectivity because it does not include various comparative case studies about companies relating to the Third Party Logistics and domestic franchise companies. However, this study is significant to the extent that it analyzes the general present conditions and the problems of domestic Third Party Logistics and suggests recommendations for revitalization of Third Party Logistics. For future studies, analyzing the successful cases of international third party logistics companies' empirical data and studying the application into domestic franchise companies would improve the objectivity of the results. This would assist the domestic third party logistics companies not only to perform excellent domestic logistics function but also to enter into the global market for international logistics.

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A Study on the Effect of the Third-Party Award Winning Advertisement on Consumer's Pre-Purchase Intention (제 3 기관 수상(Award Winning) 광고가 소비자 구매의도에 미치는 영향에 관한 연구 - 마케팅 변수들의 조절 효과를 중심으로 -)

  • Jeon, Hoseong
    • Asia Marketing Journal
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    • v.10 no.1
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    • pp.25-64
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    • 2008
  • Third-Party awards are growing in popularity. They are the hit product of the year chosen by The Korea Economic Daily, the best 10 products of the year chosen by Sports paper, the best hit product chosen by consulting firm and the best venture company of the year chosen by Information and Communication Ministry. Then these questions may be followed. Why industry likes this type of advertisement? Does this type of advertisement influences consumers' purchase intention? And if it does, how? Many researchers have been interested in external cue of product quality by focusing research effort on brand, price, producer, warranty etc. However, important but under-explored area is the role of third-party reference for signaling product quality. This paper comes from the idea that the third-party reference may signal consumers like manufacturer brand, product brand, product price, and shop brand. We develop a related theories to address research questions and drive some research hypotheses based on the previous studies probing source credibility, attribution, and signal theory. We put more emphasis on source credibility. We conducted the research based on 3x2x2x2 between group factorial design to explore causal relationship between the third party award winning advertising(real, fictional, no) and the purchase intention of consumers exposed to other information simultaneously such as product type(experience, search), distribution channel(direct, indirect) and perceived price(high, low). Since subjects are divided into 2 groups based on the means of response without extra experimental stimulus in case of perceived price. 12 different advertisements are used for conducting this study. The results are followings. First, the source credibility of the third party goes up, consumers' purchase intention would go up. It seems that consumers think the credibility of the third-party most when they are exposed to the third party award winning advertisement. Second, the product type does moderate the relationship between the third-party award winning advertisement and purchase intention. And the type of the distribution channel also moderates this relationship. The consumers' purchase intention goes up higher when they buy experience good and there is significant difference of purchase intention when consumers are exposed to direct channel treatment condition. But, perceived price has nothing to do with the third-party winning advertisement context for raising consumer intention to buy advertised product.

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A Study on the Evaluation Criteria of Light Rail Transit Systems (경량전철시스템의 평가항목 설정에 관한 연구)

  • 김현웅;정병현;문대섭
    • Proceedings of the KSR Conference
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    • 2000.11a
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    • pp.32-39
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    • 2000
  • It is hard for central and local government, constructor to decide an appropriate system any city, because there are many factors that must considered. So, we considered various factor such as capability, accessibility, usability, durability, serviceability, availability, reliability, dependability, maintainability, etc that used previous research and feasibility study. As more important factors, they should take into consideration prices, a possibility on whether or not technology is applicable for repairing or keeping the system, the localization rate, and all kinds of contracts, when deciding a system. We put in order factors and grouping for interested party. This article present almost factors that be used to decide light railway system, maybe these factor consideration will be helpful for system decider.

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The Activation Strategy of Electronic Payment Industry Using Scenario Planning : Focusing Simple Payment (시나리오 플래닝을 통한 국내 전자결제 산업의 활성화 전략 : 간편결제를 중심으로)

  • Han, Chejin;Cho, Keuntae
    • Korean Management Science Review
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    • v.33 no.1
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    • pp.59-75
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    • 2016
  • The domestic simple payment service was not activated yet compared to foreign countries and there are many things to complement in the legal, institutional, and technical aspects. The future image of the domestic electronic payment propulsion was considered by the scenario planning focusing on the simple payment. Total 6 future scenarios were drawn through the scenario planning, and 3 major strategy directions for attaining the preferred future scenario were drawn. This study drew a meaningful scenario through various analyses and industry specialist questionnaire about the future of the simple payment service which will be a crucial change of the domestic electronic payment under the uncertain future situation, and suggested an implication for the government and every interested party who provides the industrial service to prepare for the future.

The relationship between the major market-based media and the government in Korea (한국의 민주화와 미디어 : 정부와 시장 주류 미디어의 관계)

  • Jo, Hang-Je
    • Korean journal of communication and information
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    • v.16
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    • pp.168-206
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    • 2001
  • This study attempts to examine the relationships between the major market-based media and the government after closing military regime era, 1961-1987. After the military regime was collapsed, while the mass media in Korea obtained independence and autonomy from government, they have been confronted with the terrible competition not so much comparatively as before. The watchdog role in the traditional liberalism, which is regarded as normative relationship between the media and the government would be transformed in accordance with the market condition and the maturity of democracy. Thus, the watchdog metaphor has been variously deviated in rower-centered society; lap dog, guard dog, attack dog. liberalists argue that the primary democratic role of the media is to art as a public watchdog overseeing the state. Social democrats, however, criticize them as simplistic conception which could be only applied to the government. They argue that the media should be seen as a source of redress against the abuse of all forms of power over others; the home, the economy, and the civil society. The lap dog view is that the media is overwhelmingly dependent on the established power structure contrary to the watchdog. While the guard dog perspective is a means to preserve the power structure alarming with playing 'conflict role', the attack do8 aims to the private interest of the media in intruding into the politics. The attack dog perspective by T. Patterson could be composed of the interpretive style of report, the game schema report over the policy schema in the election, and the negativism against politics and government. The market-dominant press has been likely to transform from lap-guard dog into attack-guard dog. In Roh Tae Woo government(1988-1992), while the press was a lessened lap-guard dog before three parties merger in 1990, after merger the press had been transformed as the reinforced lap-guard dog because this merger entailed joint, party-to-party negotiations, and the formation of the new party preceded by dissolution of the ruling blot. In the early stage of Kim Young Sam government(1993-1997), the press has kept in pace with the reform movement drive-forced by the government. However, the press withdrew the support of Kim's reform in reaching the level of threat to ruling bloc. The press coalesced only circumstantially with government and was interested in preserving some margin of independence. The failure of Kim's reform proved the political muscle of the press in post-autho-ritarianism. In the middle stage of Kim Dae Jung government (1998-) that resulted in the shift of power structure as once-opposition party leader, the stress has been a manifested attack-guard dog owing to the anti-cold war policy, the realignment policy of power, and the minority-base of Kim's government. The press has endeavored to hold political communication within limits relatively less threatening to the established order.

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