• Title/Summary/Keyword: private contracts

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Forecasting Construction Economy Through a Regression Analysis between Annual Interest Rate and Contract Amount (금리와 건설수주간 회귀분석을 통한 건설경제 예측기법)

  • Yi, Kyoo-Jin
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.5
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    • pp.31-36
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    • 2010
  • Rising interest rates positively affect investment in construction, while falling interest rates affect it negatively. In other words, the interest rate is one of the most critical factors affecting the construction sector. The purpose of this research is to analyze the relationship between the annual interest rate and construction contracts, and to present a model for quantitatively forecasting the economic performance of the construction sector. Based on the statistical data of interest rate changes for 19 years (from 1991 to 2009), this research induces an equation through regression analysis that incorporates interest rate and construction contract amounts as independent and dependent variables, respectively. The result of the analysis shows that, in the building and private sector, the interest rates are closely related to, with a correlation coefficient as high as 0.85. It was also indicated that the contract amounts of private and building sectors may increase quite rapidly in 2012.

Study on Drafting Appropriate Dispute Resolution Clause in International Contract

  • Lee, Se-In
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.39-52
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    • 2019
  • There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

Matrix Character Relocation Technique for Improving Data Privacy in Shard-Based Private Blockchain Environments (샤드 기반 프라이빗 블록체인 환경에서 데이터 프라이버시 개선을 위한 매트릭스 문자 재배치 기법)

  • Lee, Yeol Kook;Seo, Jung Won;Park, Soo Young
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.2
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    • pp.51-58
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    • 2022
  • Blockchain technology is a system in which data from users participating in blockchain networks is distributed and stored. Bitcoin and Ethereum are attracting global attention, and the utilization of blockchain is expected to be endless. However, the need for blockchain data privacy protection is emerging in various financial, medical, and real estate sectors that process personal information due to the transparency of disclosing all data in the blockchain to network participants. Although studies using smart contracts, homomorphic encryption, and cryptographic key methods have been mainly conducted to protect existing blockchain data privacy, this paper proposes data privacy using matrix character relocation techniques differentiated from existing papers. The approach proposed in this paper consists largely of two methods: how to relocate the original data to matrix characters, how to return the deployed data to the original. Through qualitative experiments, we evaluate the safety of the approach proposed in this paper, and demonstrate that matrix character relocation will be sufficiently applicable in private blockchain environments by measuring the time it takes to revert applied data to original data.

A Blockchain Framework for Investment Authorities to Manage Assets and Funds

  • Vinu Sherimon;Sherimon P.C.;Jeff Thomas;Kevin Jaimon
    • International Journal of Computer Science & Network Security
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    • v.23 no.11
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    • pp.128-132
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    • 2023
  • Investment authorities are broad financial institutions that carefully manage investments on behalf of the national government using a long-term value development approach. To provide a stronger structure or framework for In-vestment Authorities to govern the distribution of funds to public and private markets, we've started research to create a blockchain-based prototype for managing and tracking numerous finances of such authorities. We have taken the case study of Oman Investment Authority (OIA) of Sultanate of Oman. Oman's wealth is held in OIA. It is an organization that oversees and utilizes the additional capital generated by oil and gas profits in public and private markets. Unlike other Omani funds, this one focus primarily on assets outside the Sultanate. The operation of the OIA entails a huge number of transactions, necessitating a high level of transparency and administration among the parties involved. Currently, OIA relies on various manuals to achieve its goals, such as the Authorities and Responsibilities manual, the In-vestment Manual, and the Code of Business Conduct, among others. In this paper, we propose a Blockchain based framework to manage the operations of OIA. Blockchain is a part of the Fourth Industrial Revolution, and it is re-shaping every industry. The main components of every blockchain are assets and participants. The funds are the major assets in the proposed study, and the participants are the various fund shareholders/recipients. The block-chain's transactions are all safe, secure, and immutable, and it's part of a trustless network. The transactions are simple to follow and verify. By replacing intermediary firms with smart contracts, blockchain-based solutions eliminate any middlemen in the fund allocation process.

Development of Competency Evaluation Model for Public Private Partnership to Establish Strategies for Overseas Expansion (해외진출 전략 수립을 위한 민관합작투자사업의 역량평가모델 개발)

  • Park, Hwan Pyo
    • Journal of the Korea Institute of Building Construction
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    • v.22 no.4
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    • pp.391-402
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    • 2022
  • With the number of social overhead capital(SOC) projects that introduce private capital on the rise, overseas construction global companies today need to establish and advance their overseas order strategies. In this context, the purpose of this study is to develop the public private partnership(PPP) capacity evaluation model for developing countries and use it for domestic overseas construction companies to establish strategies for overseas expansion. The PPP competency evaluation model analyzes the importance of PPP competency evaluation items and infrastructure environment competency evaluation items through a review of previous studies and an interview survey with overseas construction experts. Through the above analysis results and expert surveys, problems that may occur when overseas construction companies enter the PPP market were derived, and improvement measures were proposed. Countries with a high probability of overseas construction companies entering the PPP market were determined to be those that have a mature PPP system, low risk in construction, and a good entry environment with a high infrastructure market size and growth rate. In addition, a lack of PPP investment experience, the absence of information on the infrastructure environment, and a shortage of PPP experts were identified as problems when entering the overseas construction PPP market. As an improvement measure, it was suggested to enter in cooperation with domestic and foreign companies. In addition, a plan was proposed to develop a curriculum to secure experts in areas such as PPP finance and contracts and to provide PPP information for each country. These findings are expected to contribute to overseas construction companies proposing strategies for entering the overseas construction market and using them for overseas expansion strategies and policy establishment.

A Study on the Dispute Resolution of MIGA in the Investment Guarantee for Developing Countries (개발도상국 투자에서 MIGA의 분쟁해결제도에 관한 고찰)

  • Yu, Byoung Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.79-106
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    • 2013
  • The world is significant increasing investment volume into developing countries from foreign investors. Foreign financial capital is searching in interesting place among the emerging market. However foreign investors put still their experience in the economical and social crisis with political risks in the host countries. MIGA entered into the political risks insurance market which has one of the basic matter of sponsored the private investment guarantee programs. They put guarantee or covering risks of currency inconvertibility, expropriation, breach of contract and political violence. In the case contracts of guarantee concluded between investor and MIGA which are disputes in relation to such MIGA service contract, it should be settled by negotiation, conciliation and arbitration under the convention establishing the Multilateral Investment Guarantee Agency(MIGA). All disputes within the scope to states and investor of MIGA members shall be settled in accordance with the procedure set out in the convention. Recently, MIGA is opening the office in Seoul to strengthen joint efforts between MIGA and Korea. It will be a good chance to consider sustainable improvement and dispute solutions for emerging countries in foreign investment to the korean investors.

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A Study on the Legal Function and Cases of Good Faith under International Commercial Contracts (국제상사계약에서 신의칙의 법적 기능과 판정례에 관한 고찰)

  • Shim, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.3-23
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    • 2009
  • The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

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A Study on the Law of Non-performance of International Sales Contract under the Contract Law of The People's Republic of China (중국계약법(中國契約法)상 무역계약불이행(貿易契約不履行)관련 규정(規定)의 연구(硏究))

  • Ahn, Yeong-Tae
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.243-257
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    • 2006
  • This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

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A Study on Application of Performance Warranty Contract to Building Construction (성능보증계약제도의 건축분야 적용 방안에 관한 연구)

  • Ko, Hyun;Kim, Kyung-Hwan;Lee, Youn-Sun;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.687-690
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    • 2007
  • This study is a basic research on looking onto bringing performance warranty contract into the country, to consider the usage in architecture which it is usually used on road pavement in developed countries. The study will also apply performance warranty contracts on public private partnerships through examination and analysis of various matters which will lead to globalization of the korean architecture industry, the increase of quality of result, better convenience for the orderer, the decrease of cost, and the acceleration on research for technical development.

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The Effect of Conflict Over Construction of Private University Dormitories on Licensed Real Estate Brokerage (사립대학 기숙사 건립 갈등이 공인중개업에 미치는 영향)

  • Lee, YunHong
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.6
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    • pp.34-43
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    • 2021
  • While universities are making every effort to improve the housing welfare of university students by establishing new dormitories, the construction of school dormitories has intensified the conflict with other certified real estate businesses on the basis of their right to survival. Thus, it is necessary to analyze the causality in the conflict to coherently understand the conflict between these stakeholders. To do so, this study conducted a survey questionnaire on certified real estate businesses in the vicinity of private universities with dormitories in the metropolitan area. This study targeted licensed real estate brokerage agencies that conclude rental contracts in view of different stances, and control the real estate rental market by controling their conflict. Investigated the influence relationship between universities and licensed real estate brokerage agencies in relation to construction of private university dormitories and the effect of this conflict on management performance of licensed real estate brokerage agencies, and analyzed the relationship among relevant variables to see if their dormitory recognitions have a moderating effect. In addition to analyzing the causality of conflict level (perceived conflict, expressed conflict), conflict management, conflict outcome, and management performance, the study also verified the moderating effect of perception on dormitory and the mediating effect of conflict management. The results showed that conflict level had a negative (-) effect on conflict management, while the perceived conflict and conflict management of the conflict level had a negative (-) effect on the conflict outcome. In the relationship between perceived conflict and conflict outcome, conflict management had a complete mediating effect while expressed conflict had a partial mediating effect. Lastly, the perception of university dormitories did not have a moderating effect for the influence of conflict management on conflict outcome.