• 무역상무연구
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• 제35권
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• 무역상무연구
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• 제31권
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• pp.107-134
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• 2006

Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.115-136
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• 2020

This article provides an overview of the state of affairs of arbitrator disclosure obligations in Korea. It shows how Korean courts will analyze arbitrator conflicts and obligations through an evaluation of Supreme Court judgments and a case-specific analysis of the recent Oilhub case and provides a comparative perspective through a review of recent Japanese case law. Although limited to domestic arbitrations, it assesses the various grounds that courts consider when determining impermissible arbitrator conflicts based on relations with parties and when an award might be set aside as a result. With the 2016 adoption of the KCAB Code of Ethics for Arbitrators and its rigorous standards, great clarity has been brought to the landscape. The Code of Ethics marks a significant milestone in enhancing the robustness of arbitrator disclosures and guaranteeing the fairness, integrity, and transparency of Korean arbitration practice and law.

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.115-137
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• 1999

The UNCITRAL, during its thirty-two session in 1999 discussed certain issues and problems identified in interactional commercial arbitration practice. The issues discussed include certain aspects if conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; arbitability ; soverign immunity ; consolidation of more than one case into one arbitral proceedings ; confidentiality of information in arbitral proceedings ; rasing claims in arbitral proceedings for the purpose of set-off ; decisions by "turncated" arbitral tribunals liability of arbitrators ; power by the arbitral tribunal to award interest ; costs of arbitral proceedings ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the state of origin. Among those issues discussed, most of States agreed that the issues relating to certain aspects of conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the State of origin should have priority over other issues. The UNCITRAL may wish to consider the desirability of preparing uniform provisions on any of those issues, possibly indicating whether further work should be towards a legislative text (such as a model legislative provision or a treaty) or a non-legislative text (such as a model contractual rule).

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.51-88
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• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• 무역상무연구
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• 제26권
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• pp.225-253
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• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

• 유통과학연구
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• 제12권3호
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• pp.7-15
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• 2014

Purpose - This study aims to explore the factors that can trigger the escalation of an initially pursued long-term utilitarian goal that is set aside to pursue a competing hedonic goal. Research Design, Data, and Methodology - The experimental study covered three groups : Group 1 (ego-depletion, self-referencing), Group 2 (ego-depletion, neutral), and Group 3 (no ego-depletion, neutral). The participants of the study comprised 150 undergraduates who were divided into three groups of 50 students for each. One-way ANOVA and regression analyses were used to verify the hypotheses. Results - Ego-depleted consumers are less likely to resist immediate temptation than those who are not in an ego-depletion state. Self-referencing has a positive impact on long-term goal reversion when consumers in an ego-depletion state experience immediate temptations. Counteractive construal plays a mediating role between self-referencing and long-term goal reversion. Conclusions - We found that consumers tend to yield to momentary temptations when they are in an ego-depletion state. Self-referencing and counteractive construal can eliminate the ego-depletion effect and then facilitates escalation of the set-aside long-term goal.

• 한국환경농학회지
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• 제22권1호
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• pp.53-59
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• 2003

휴경지의 식생 특성을 묵밭과 묵논과 같이 토양의 수분상태가 다른 조건과 휴경 연차에 따라 조사하였다. 같은 묵논이라도 습한 상태로 휴경한 경우와 건조한 상태로 휴경한 경우 식생의 차이가 컸으며, 건조한 상태에서 다년생으로의 천이가 빠르게 일어났다. 천이 단계는 휴경 기간보다 휴경지의 토양 조건에 더욱 큰 영향을 받았다. 묵밭의 경우 휴경 2년차에 우점하였던 돌콩, 칡, 쑥, 새팥 노랑물봉선 등은 휴경이 6년간 진전된 경우 칡, 억새, 돌콩, 쑥 등의 순으로 우점도가 변하였다. 논을 건답상태로 휴경한 경우 3년차에는 들깨풀, 돼지풀i 강아지풀 등이 주요 우점 초종이었으나 7년차에는 억새, 미국쑥부쟁이, 쇠치기풀 등이 우점하여 다년생으로 천이되었다. 논을 습답 조건으로 휴경한 경우 수생 잡초가 우점하였다. 7년차에는 갈대, 돌콩, 부들, 고마리가 우점하였으나, 11년차에는 갈대, 줄, 고마리, 부들이 우점하는 초종이었다. 휴경지의 식물종 다양성은 건조한 토양 조건보다 다소 습한 조건의 토양에서 높게 나타났다.

• JSTS:Journal of Semiconductor Technology and Science
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• 제16권1호
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• pp.11-22
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• 2016

Clock skew scheduling is one of the essential steps to be carefully performed during the design process. This work addresses the clock skew optimization problem integrated with the consideration of the inter-dependent relation between the setup and hold times, and clock to-Q delay of flip-flops, so that the time margin is more accurately and reliably set aside over that of the previous methods, which have never taken the integrated problem into account. Precisely, based on an accurate flexible model of setup time, hold time, and clock-to-Q delay, we propose a stepwise clock skew scheduling technique in which at each iteration, the worst slack of setup and hold times is systematically and incrementally relaxed to maximally extend the time margin. The effectiveness of the proposed method is shown through experiments with benchmark circuits, demonstrating that our method relaxes the worst slack of circuits, so that the clock period ($T_{clk}$) is shortened by 4.2% on average, namely the clock speed is improved from 369 MHz~2.23 GHz to 385 MHz~2.33 GHz with no time violation. In addition, it reduces the total numbers of setup and hold time violations by 27.7%, 9.5%, and 6.7% when the clock periods are set to 95%, 90%, and 85% of the value of Tclk, respectively.