• International Area Studies Review
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• v.13 no.2
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• pp.618-642
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• 2009

Currently the nations which join the WTO shall observe understanding on rules and procedures governing the settlement of disputes in WTO agreement. In addition this agreement provides it will be able to apply dispute settlement mechanism of the WTO. Korea and the United States are accomplishing an important role as the core members of the WTO. Regardless of this, The Korea - US FTA is providing a separate dispute settlement system. This paper pursues a comparative analysis concerning rules and procedures of dispute settlement between The Korea - US FTA and the WTO, and furthermore derives problems from the viewpoint of effectiveness, and suggests alternatives and implications in view of trade policy. I hope this study contributes to setting-up and development of national trade policy and is applied to FTA negotiation hereafter.

• Korea Trade Review
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• v.43 no.5
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• pp.139-158
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• 2018

As trade volume increases and the business environment becomes more complex and competitive, international trade disputes are also increasing and becoming more complex. Parties need to become more aware of alternatives to costly and time consuming arbitration and litigation. The ADR (Alternative Dispute Resolution) can encompass all dispute resolution processed and can act as a substitute for traditional litigation. Mediation, a type of ADR, offers an amicable dispute settlement mechanism between concerned parties through a natural mediator. There are several strong points of mediation compared with litigation or arbitration. First of all, mediation can take place without having to complete time-consuming and expensive discovery processes associated with litigation. In addition, since mediation is considered a private process, the dispute can remain out of the public eye. It can be embarrassing and disrupt business when customer or suppliers learn that a company is involved in litigation. Lastly, mediation is less adversarial than litigation or arbitration, so the parties often can salvage their relationships. Often the parties to mediation find themselves continuing to conduct business. In spite of such benefits of mediation, it is less used in Korea and therefore, this article aims to promote the mediation system in international trade disputes. However, this paper has limitation, for example, why ADR is not used well in Korea and need to suggest how ADR can work best in international trade disputes.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.179-195
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• 2009

필리핀의 중재제도를 규정하고 있는 법령은 다음과 같다. 즉 필리핀 민법(법률 제386호), 중재법(법률 제876호), 대체분쟁해결법(법률 제9285호), 국제상거래중재에 관한 국제 연합 국제상거래법위원회(UNCITRAL) 표준법 및 건설산업중재에 관한 대통령령(제1008호)이다. 2004년의 대체적 분쟁해결 제도(ADR) 에 관련된 필리핀 의회의 입법은 필리핀의 중재 실무와 절차에 광범위한 변화를 가져 왔다. 또한 국제중재실무에서 필리핀에 많은 도움을 주었다. 다른 한편으로는 상당한 변화를 가진 UNCITRAL 표준법의 채택과 국내 중재를 관장하는 법률속에 표준법 조항을 편입함으로써 필리핀은 분쟁해결의 대체안으로써 정책 결정의 실행에 대한 중재법의 인식과 ADR법에 있어서의 정책조문의 검토로 보다 실질적인 중재제도가 정착되는 기반을 조성하게 되었다. 국내에서 수행하고 있는 국제적인 중재는 아직까지는 비교적 적다고 생각된다. 그러나 ADR법 내에 규정된 강력한 ADR찬성정책과 ADR에 관대하고 특히 중재에 호의적인 대법원의 친중재적 판결로 인해 향후 수년내에 필리핀과 주변국과의 무역이 크게 증대될 것으로 전망된다.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.217-234
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• 2007

동북아시아 국가들은 세계 무역 및 투자에 중요한 역할을 담당하고 있다. 동북아시아 역내 및 역외 국가들과의 경제교류는 앞으로 계속 늘어날 것으로 전망되며, 이로 인한 국제상사분쟁은 국제상사중재 등 ADR에 의해 해결될 수밖에 없을 것이다. 동북아시아에서 ADR 제도가 발전되기 위해서는 무엇보다도 한국의 대한상사중재원, 북한의 조선국제무역중재위원회, 중국의 중국국제경재무역중재위원회, 일본의 일본상사중재협회, 러시아의 러시아상공회의소 부설 국제상사중재법정, 카자흐스탄의 카자흐스탄국제중재기관, 몽골국가중재법정 상호간의 중재 업무 전반에 관한 협력제제가 구축되어야 할 것이다. 국제상사중재에 관하여 동북아시아에 새로운 바람이 불고 있다. 경제자유구역 및 남북간 경제교류와 관련한 상사분쟁이 상사중재로 해결될 수 있는 법, 제도적 기반이 마련되었기 때문이다. 지난 해 한국에서는 대한상사중재원 주도하에 무역클레임 센서스가 실시되고 국제중재세미나가 개최되었으며 국제중재규칙이 제정(2007년도 2월 1일 시행 예정)된바 있다. 동북아시아 지역에서 국제상사중재제도가 발전되고 저변이 확대되기 위해서는 중재기관들 간의 협조체제가 구축되어야 할 것이다. 한편 한국도 동북아시아의 중재허브로 성장하기 위해서는 국제금융, M&A 등 중재 영역을 확대하고 경제자유구역 및 남북상사중재 등과 같은 새로운 영역에 대처를 잘 해야 할 것이다. 아울러 정부 당국의 재정적 지원과 행정적 배려도 수반되어야 할 것이다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.43-63
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• 2015

The number of final appeal(the rate of final appeal: 43%) has been on the increase every year over the past ten years in Korea. The number of final appeal cases given to a justice of the Korean Supreme Court amounts to nearly one everyday, which makes it vulnerable to faulty decisions. Reversal rate of final appeal is as low as 10% with most of the cases being dismissed and hence the percentage of people having trust in the judiciary is merely 27%. In this context, the Korean judiciary has announced its plan to set up a final appellate court in the Supreme Court. The establishment of final appellate court, however, is not only against the Constitution but also hardly seen in other nations. It would only overexpand the Supreme Court. Furthermore, the final appellate court would end up deteriorating into the court of fourth instance and impose extra burden on the government as well as on the disputing parties. Therefore, it is necessary to upgrade the quality of the court by increasing the number of judges in the lower court and let them focus on the fact finding process. Facilitating the ADR(Alternative Dispute Resolution) process such as arbitration would help improve the structure of the judiciary. The incompatibility among the four values of the dispute resolution process(equitability, truth, quickness and efficiency) calls for building comprehensive judicial system in which disputes are settled by choosing either jurisprudence or utility.

• Korea Trade Review
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• v.48 no.4
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• pp.67-92
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• 2023

In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.201-223
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• 2019

There are diverse kinds of alternative dispute resolution systems in India. In the structure of society in Ancient India, the panchayat system was the creation of the villagers themselves and was composed of persons who were generally respected and to whose decisions the villagers were accustomed to give unreserved obedience. The ruler of the province allowed the villagers to govern themselves and the villagers assumed the responsibility for the settlement of disputes among themselves. However, the panchayat system has been heavily influenced by the structure of the village at hand, which depends on the caste system in India. This study categorizes the village dispute resolution structure into four main types depending on the extent of the caste group's dominance within the village. In addition, the Indian government created Lok Adalat which combines the indigenous dispute resolution with modern law system. Today, Lok Adalat is one of the widely used dispute resolution systems in India.

• International Area Studies Review
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• v.13 no.1
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• pp.371-389
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• 2009

Recently the ordinances of the Conciliation Committee of Distribution Disputes have been enacted and revised throughout the country. The purposes of the ordinances are to establish and operate the Conciliation Committee of Distribution Dispute. But several problems have been found in the ordinances of the Conciliation Committee of Distribution Disputes. These are the appointment of the chairman of the Conciliation Committee of Distribution Disputes, appointment of the acting chairman of the committee, consolidation of the requests of conciliation, challenge of the committee member. Also, the conciliator must keep in mind the several consideration when the Conciliation Committee of Distribution Disputes render the conciliation. These are the mutual survival between large distributer and small and medium distributer, care of consumer in the region, the growth and development of regional economy.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.123-148
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• 2015

Central Asian Countries had been independent in 1991 from USSR. Since then it have been increasing foreign trade and investment amount with outside countries including China, Japan, EU and South Korea. Korean enterprises and entities have endeavored to secure plentiful natural resources, oil and gas energy and expand the market share to exporting the consuming and industrial competitive goods and services for those countries. In the case of disputes of commercial transactions and investment, arbitration is regarded as a dispute resolution system which has been preferred in international transactions and investments by the business world. Since the collapse of the USSR, Central Asian Countries have worked to modernize its arbitration law and procedure to conform with international standard rules. Arbitral legislation in Central Asian countries is based on the Model Law as adopted in 1985. However, CIS's legislation systems of arbitration are not satisfied with the international standard in national laws and practices. That is the reason to consider for the specific parliament about arbitration for the dispute resolutions in the commercial transaction and investment between Korean enterprises and CIS. In this article, it is discuss problems and its alternatives in the dispute resolution about the commercial transaction and investment into Central Asian countries including the tendency to the increasing the trade volumes of goods and investment between South Korea and CIS. According to this article, South Korea consider the long term strategy followed the preferred economic relative partnership for business success on commercial transaction and investment with the Central Asian Countries.