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1 – 10 of 19Keon-Hyung Ahn and Pil-Joon Kim
The purpose of this paper is to utilize the concept of arbitration by subrogation as a means to increase recoveries of indemnities paid out to exporters or any financial…
Abstract
Purpose
The purpose of this paper is to utilize the concept of arbitration by subrogation as a means to increase recoveries of indemnities paid out to exporters or any financial institutions by K-SURE, an export credit agency of Korea, against possible non-payment or breach of obligations from the buyer or the buyer’s country. It looks into the possibility of K-SURE and KCAB reactivating its 2004 MOU to give more jurisdictional protection to K-SURE’s indemnities recovery transactions.
Design/methodology/approach
This paper first introduces a brief elucidation about export insurance provided by K-SURE and the necessity of arbitration in the export insurance, and a summary of a subrogation arbitration case referred to the KCAB by K-SURE in 2005. Cognizant of the 2004 MOU between K-SURE and KCAB, as well as the foreign and domestic developments in arbitration, the paper then analyzes legal principles of subrogation by insurer, as well as domestic and overseas precedents on the matters of assignment of claim and arbitration by subrogation.
Findings
While it appears that there is still no universally recognized authority nor established court precedents applying arbitration by subrogation, the authors discovered that similar to Korea, most of leading courts in the world have consistently held that the assignee can request and be requested for arbitration pursuant to the arbitration agreement contained in the assigned contract. The paper concludes that the K-SURE now can be admitted as a party having proper standing in the arbitration proceedings so long as the specific claim right under the contract which includes the arbitration agreement is assigned to the K-SURE.
Originality/value
This paper suggests a possible plan to increase recoveries in export insurance. The outcome of the research is expected to enhance the arbitration system on the back of increasing numbers of arbitration related to export insurance, to improve the balance sheet of K-SURE and ultimately, to help the Korean economy by collecting export insurance recoveries which will lead to saving Korean people’s tax.
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Keywords
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Stephen Mixter and Michael Owendoff
The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It…
Abstract
The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It first discusses property insurance coverage in general and then proceeds to analyse whether damage from acts of terrorism is covered under pre‐11th September and post‐11th September property insurance polices. It also addresses the current status of proposed US Government intervention as a terrorism insurance backstop. It then describes the strategies which certain clients located within the areas directly affected by the terrorist attacks implemented in order to be able to gain immediate access to alternative space. Finally it examines selected lease clauses to which landlords and tenants should pay closer attention in light of the terrorist attacks, including operating expense provisions, force majeure provisions, waiver of subrogation provisions, use prohibitions and alteration provisions.
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Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.