This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

In general, goods can be defined as objects, devices or things, whereas services can be defined as deeds, efforts or performances. Ultimately, the primary difference between goods and services is the property of intangibility - lacking physical substance. Recently, service industries span a wide variety of enterprises, from hamburgers to high technology. And the rules-based multilateral trading system so successful in reducing barriers to international trade in goods is now being expanded in the area of international trade in services. Therefore, the Korean Ministry of Trade, Industries and Energies has revised the Korea Foreign Trade Act and its Enforcement Ordinance to focus on expanding trade in service sectors, including transportation, communications, tourism services, and business services.

The almost studies that is related to an e-Trade and an e-Marketplace only have been focused on the diffusion and acceptance since the innovation was adopted in markets. The existing studies failed to notice the resistance of innovation in the course of accepting innovation. The resistance of innovation, however, is not the contrary concept of acceptance, it is should be understood as a construct which can explain the course of the diffusion and acceptance. This study will be analysed as follows: First, nevertheless the resistance of users is important, it couldn't be presented systematically through acceptance of innovation, accordingly the concept of resistance of innovation will derive concept from review of literature researched on prior researches. Second, the factors which can be affected to the resistance of innovation of the main trade firms which use the e-Marketplace will draw. Third, we identify some of determinants that can affect to resistance of user by empirical study, also we investigate how participation can be affected by using a contingency variable. The independent variables used through researched review are the characteristic factors of trade e-Marketplace which was consisted of relative advantage, suitability and complexity, the characteristic factors of trade firms which was consisted of propensity of innovation and attitude, and the characteristic of service quality which was consisted of reliability and reaction. This research also examines the association between independent variables and the resistance of user(dependent variable) by using a variable on participation of user(moderator variable). The sample surveys for this study have been used 109, this study was analysed by the SPSS 12.0 of statistical tool. According to the proved hypothesis there are three important factors which affected the resistance of user. One factor was the relative advantage and complexity from the point of view on the trade firms characteristics of e-marketplace, another factor was the propensity of innovation from the point of view on the trade firms factors, the third factor was the reliance from the point of view on the service quality factors. The results also provided that relative advantage and suitability among the characteristics of e-Marketplace and the reliability among the service quality characteristics have moderated in the moderated regression which was tested the association independent variables and dependent variables while participation of user was using for contingency variable.

With the advent of Ubiquitous era, Korean government understood its strategic importance and formulated 'IT839 Strategies' with various action plans not to miss the great opportunities which it may allow and eventually to realize u-Korea. As a result, m-Commerce is actualized and new types of Ubiquitous services such as digital multimedia broadcasting(DMB) and wireless broadband Internet(WiBro) are now on their commercial stages. Digital contents are the key success factors of these new services. Digital contents industry is regarded as next generation of growth engine in the digital economy, because it is knowledge-based and high value-added global industry affecting positively on the whole private and public sectors. This paper reviewed the characteristics, business models, technical and market trend of digital contents to be compatible with Ubiquitous environment. Also, it reviewed the development strategies of DMB and WiBro services, which are newly introduced and commercialized in Korea to make it as world leader in these fields. It may be concluded that Korea should make more efforts to development market-oriented digital contents for Ubiquitous era and to realize the sustained economic growth.

This study focuses on the risk management of "Digital Goods" appeared with the progress of information technology(IT) in international transaction. As a result of that digital goods have a lot of uncertainty between the general goods or service which have been deal with object of international transaction broadly because digital goods hold uniqueness. In this study, the author give a definition of "Digital Goods" and make an examination of uniqueness of that in international transaction. Next, six risks are defined base on risk theory and risk analysis matrix applying risk mapping model is made. Conclusionally, risk transfer as insurance is adequate to manage business risk, security risk, credit risk and legal risk. Meanwhile, risk avoidance is adequate to manage reputation risk and market risk. But, this study have following three limits. Firstly, concerning definition of the risk, real case is not applied owing to lack of transaction data. Secondly, measuring of the risk is not based on absolute data but relative data. Lastly, suggesting way of risk management is not concrete and practical to international trader of digital goods.

Online game business has emerged as the most lucrative entertainment industry, with over 10 million players in South Korea and over 30 million in Japan in 2005. The popularity of online games can be attributed to the availability of broadband network, pushing online games into the mainstream entertainment culture. The age distribution of online game players is expanding and a variety of new games are under development to target certain age groups. While the interactive entertainment market continues to expand, with many new online game publishers entering the Japan, relatively little is known about which factors influence online game players' behavioral intentions to play continuously in this area. This study investigates major factors which influence the acceptance of online game services based on the theoretical backgrounds of the technology acceptance model(TAM) and the flow theory. This paper extended the Davis' TAM model by including the flow concept as another major factor toward the intention to play online game. Based on data collected from online questionnaire survey, we show that the proposed model provides an adequate fit to the data, and that the flow experience is another important factor influencing the intention to play online game, as well as the perceived ease of use.

Uniform Computer Information Transactions Act (UCITA) is the first legislative attempt in the world that deals with transaction of digital information. This however gave rise to endless controversies and as of February 10, 2003, its life as the uniform law has expired. There are four kinds of relationships that UCITA regulates for the entities involved in information trading namely, 1) Relationship between licenser and licensee 2) The triangle relationship between dealers, end-user and publisher 3) Relationship between information right transferor and transferee 4) Relationship between financier, licenser and licensee. Amongst these, the most significant one is the triangle relationship amongst the publisher, commonly known as the licenser in the mass market, end-user and dealer. At the essence of the relationship is that the dealers is liable to refund the payment for the information regarding the end user if he/she does not agree with the publisher on the license of the common market. Looking at the relationship between license transferor and transferee, the transfer of license may be prohibited but the special contract must be conspicuously carried out. The relationship financier, licenser and licensee is unique to the United States and is rather unfamiliar to us. UCITA has been criticized for preferentially protecting the benefits of licensers especially when it comes to the specific regulations for the relationship. Therefore, it is not advisable to blindly accept UCITA regulations. However, UCITA does have components that we can utilize in formulating our own digital information trade regulations, save its proprietary nature as an American law and its preferential treatment for licensers.