• Journal of Arbitration Studies
• /
• v.21 no.3
• /
• pp.21-54
• /
• 2011

International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

• Journal of Arbitration Studies
• /
• v.32 no.3
• /
• pp.29-46
• /
• 2022

Until recently, there has been a circuit split as to whether parties to foreign private arbitral proceedings could seek assistance from the U.S. courts for discovery pursuant to 28 U.S.C. §1782. The circuit courts have differed on the issue of whether a private arbitral proceeding may be considered a "proceeding in a foreign or international tribunal" in terms of the statute, which would ultimately allow or disallow judicial assistance in taking of evidence by the U.S. district courts for use in the requested proceedings. While the U.S. Supreme Court has addressed the applicability of §1782 in its Intel decision in 2004, it had not established a test as to what constitutes a foreign or international tribunal for the purposes of §1782, thereby leaving it open for lower courts to continue to interpret §1782 in their own ways, as requests for judicial assistance in taking of evidence are filed. In the recent decision of ZF Auto. US, Inc., v. Luxshare, Ltd., the Supreme Court has finally clarified that in order for an arbitral panel to be a "foreign or international tribunal" under §1782, such panels must exercise governmental authority conferred by one nation or multiple nations. Therefore, private commercial arbitral panels are not "foreign or international tribunal(s)" for the purposes of §1782 because they do not constitute governmental or intergovernmental adjudicative bodies. Such holding is necessary and legitimate for interested parties in international arbitration, as well as, potential parties of arbitration who are contemplating alternative dispute resolution for their dispute(s).

• Toxicological Research
• /
• v.22 no.1
• /
• pp.47-54
• /
• 2006

One of the main attractions of treatment with herbal medicine is its apparent lack of side effects compared with the drug therapies used in allopathic medicine. However, evidence from various countries suggest that Asian herbal medicine carry a significant risk of contamination with toxic heavy metals at levels that may seriously threaten health. The aims of this study were to analyze and compare concentrations of heavy metals in urine and hair from 184 patients taking herbal medicines in the form of decoctions and/or pills in comparison to 101 control subjects taking either Western or no medications. Levels of metal concentrations exceeding WHO reference values were observed in a number of hair and urine samples for all subjects. After adjusting for potential confounders, taking decoctions or pills was associated with higher levels of some metals (such as Cu, Pb in urine), as well a higher odds ratio of exceeding the upper limit of reference ranges for Pb, Hg in hair. In contrast, taking decoctions or pills was associated with lower levels of some metals (such as Cu in urine and Cd, Cu, Hg, Pb in hair), suggesting that some herbal medicines may have a chelating effect on heavy metals in the body. Overall, the results obtained in the study show a mixed picture and suggest that heavy metals contamination in herbs is sometimes present, but may also be counteracted by the potential for some herbal medicines to act as chelating agents. Further study must be followed to obtain more concrete evidence.

• KDI Journal of Economic Policy
• /
• v.43 no.4
• /
• pp.1-21
• /
• 2021

This paper aims to investigate whether there is empirical evidence supporting the learning-to-export hypothesis, which has received little attention in the literature. By taking full advantage of plant-product level data from Korea during 1990-1998, we find some evidence for the learning-to-export effect, especially for the innovated product varieties with delayed exporters: their productivity, together with research and development and investment activity, was superior to their matched sample. On the other hand, this learning-to-export effect was not significantly pronounced for industries protected by import tariffs. Thus, our empirical findings suggest that it would be desirable to implement certain policy tools to promote the learning-to-export effect, whereas tariff protection is not justifiable for that purpose.

• Journal of Arbitration Studies
• /
• v.29 no.3
• /
• pp.53-74
• /
• 2019

Due to the increasingly popular dissatisfaction regarding the inefficiency of arbitral proceedings, the Rules on the Efficient Conduct of Proceedings in International Arbitration, also known as the Prague Rules, was launched in December 2018, with the purpose of increasing the efficiency of arbitral proceedings by encouraging arbitral tribunals to take a more proactive role in conducting their procedures. In this article, the provisions of the Prague Rules are examined, in light of those of the IBA Rules on the Taking of Evidence in International Arbitration, in order to determine the efficacy of the Prague Rules on enhancing the efficiency in arbitral proceedings. The author concludes that more specific and detailed provisions, with respect to what the Rules means by such a "proactive arbitral tribunal," should have been explicitly included in light of the Rules' repeated emphasis on such. Also, the prospective outlook on the Prague Rules is not entirely clear as the text does not appear to fill in the gaps in other widely utilized arbitration rules or to supplement them in a satisfying way. However, given that only a short amount of time has passed since the launch late last year, only time will reveal how effective the Prague Rules will be in increasing the efficiency of arbitral proceedings, in accordance with its intended effect.

• The Journal of Asian Finance, Economics and Business
• /
• v.8 no.4
• /
• pp.193-200
• /
• 2021

This study investigates the impact of managerial ability and managerial incentives on firm performance. In particular, it studies how managerial ability factor can exert significant influence on the profitability and the risk of firms. By doing this, the study can provide several policy implications about how managerial ability can influence firm decisions and its corresponding business policies. Data of the study was collected from the Annual Enterprises Survey (AES), which is conducted by the General Statistics Office of Vietnam (GSO) during the 2009-2013 period. After removing firms with insufficient financial information, our final dataset includes over 50,000 firms in Vietnam. The main result of the study shows that there is a significant and positive relationship between managerial ability and firm leverage. This finding indicates that managerial ability significantly plays an important role in making financial decisions. In addition, our study provides empirical evidence about the causal relationship between managerial compensation and firm risk-taking behavior. Specifically, we find that firm risks are significantly associated with compensation schemes including lower delta and higher vega. In other words, our study implies that the sensitivity of CEO wealth to stock volatility can positively affect both delta and vega or managerial incentives schemes.

• The Journal of Internal Korean Medicine
• /
• v.21 no.2
• /
• pp.349-354
• /
• 2000

Objective : The studies on liver effect in administration of western medicine have been well-established so far, but the studies on liver effect in administration or herbal medicine haven't been made. To make things worse, people who have liver disease generally believe that taking a herbal medicine is not useful to take care or their disease and even think it can cause liver disease. But this belief is not verified at all. And some doctor claim that herbal medicine is good to cure liver disease. So those various assertion makes patients to feel confuse about taking a herbal medicine. so we feel the need to study about how taking herb medicine affect to liver disease patient. Methods : First we chose the 12 patient who seems to have the liver disease on the index of biochemistry test and we administrate the herbal medicine and after several day or weeks we recheck the biochemistry test. Results : Through the this method, we find the positive effect of taking herbal medicine on the patients who have the liver disease. Conclusions : Our results give no evidence that herbal medicine is harmful for liver disease. We need to study more about this.

• Korean Journal of Occupational Health Nursing
• /
• v.29 no.1
• /
• pp.88-96
• /
• 2020

Purpose: This study aimed to identify the mental fitness, perspective taking, attitude toward the elderly, and quantitative encephalogram among caregivers. Methods: In this mixed method research, 14 female caregivers at an elderly care facility in Y city were participated from December 1st to December 31st, 2019. Structured questionnaires were applied to measure general characteristics, mental fitness, perspective taking, and attitude toward the elderly. Brain waves were measured by quantitative encephalogram in the prefrontal lobe. High frequency and high level of care tasks were analyzed using content analysis. Results: According to analysis of brain waves, caregivers experienced high level of physical strain & stress and psychological distraction & stress. Mental fitness (p<.05) and perspective taking (p<.001) were associated with attitude toward the elderly. Moreover, physical strain & stress was associated with psychological distraction & stress (p<.05, p<.001). High frequency and high level tasks were excretion and position change & movement care related tasks, respectively. Conclusion: These findings should be consider as an evidence for supporting care tasks based on concrete and objective understanding of caregivers using self-reported index as well as neurophysiological indicators including brain waves.

• The Korean Journal of Pain
• /
• v.26 no.1
• /
• pp.3-13
• /
• 2013

Chronic noncancer pain is a significant and growing public health challenge in the United States. Lacking effective alternative interventions for effective chronic noncancer pain management, many physicians have turned to opioid pharmacotherapy. Increased opioid prescribing brings not only gains in therapeutic benefit but also a higher incidence of adverse drug events including increased medication misuse and opioid related mortality. Currently the United States must confront the dual problems of widespread undertreated chronic noncancer pain and a prescription opioid abuse crisis. Withholding pain relieving drugs from patients in need is unjustifiable, yet drug diversion, abuse and adverse drug events have become major social as well as medical problems. At the heart of this crisis is the lack of definitive evidence about the risk to benefit ratio of opioid pharmacotherapy for chronic noncancer pain both on an individual case and on a population basis. This article describes the extent and severity of the American chronic noncancer pain problem and the history of opioid pharmacotherapy for chronic noncancer pain in the United States. It then discusses the concept of evidence based practice and reviews current evidence supporting opioid pharmacotherapy for chronic noncancer pain as well as adverse drug events related to opioid pharmacotherapy including misuse and abuse. Finally, it considers the conflict of providing pain relief versus protecting society and reviews steps that governmental agencies, industry and others are taking to contain and ultimately resolve the problems of excessive prescribing and conflicting priorities.

• Journal of Internet of Things and Convergence
• /
• v.9 no.3
• /
• pp.7-12
• /
• 2023

One of the most important characteristics of digital forensics is integrity. Integrity means that the data has not been tampered with. If evidence is collected during digital forensic and later tampered with, it cannot be used as evidence. With analog evidence, it's easy to see if it's been tampered with, for example, by taking a picture of it. However, the data on the storage media, or digital evidence, is invisible, so it is difficult to tell if it has been tampered with. Therefore, hash values are used to prove that the evidence data has not been tampered with during the process of collecting evidence and submitting it to the court. The hash value is collected from the stored data during the evidence collection phase. However, due to the internal behavior of NAND flash memory, the physical data shape may change over time from the acquisition phase. In this paper, we study the characteristics and techniques of flash memory that can cause the physical shape of flash memory to change even if no intentional data corruption is attempted.