• Title/Summary/Keyword: 온라인중재규칙

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A Study on the Online Arbitration Rules in China (중국 온라인중재규칙에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.47-64
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    • 2011
  • The China International Economic and Trade Arbitration Commission(CIETAC) released online arbitration rules which apply the resolution of disputes over electronic commerce transactions, as well as other economic and trade disputes in which the parties agree to do. The evidence submitted by the parties may be electronic evidence created, sent, received or stored by electronic, optical or magnetic means. Electronic evidence with a reliable electronic signature shall carry the same effect and probative force as a document with a hand-written signature. Where a case is tried in a tribunal, the arbitration tribunal shall conduct an online trial hearing using internet video conference or other electronic or computer communication means. Unless the parties have another agreement, summary procedure shall apply to cases where the amount in dispute exceeds RMB 100,000 but no more than RMB 1 million, or where the amount in dispute exceeds RMB 1 million and a party submits a written application for summary procedure after obtaining the written consent of the other party. Unless the parties have agreed otherwise, fast-track procedure shall apply to cases where the amount in dispute does not exceed RMB 100,000 or where the amount in dispute exceeds RMB 100,000 and a party submits a written application for fast-track procedure after obtaining the written consent of the other party. Notable features of the Online Rules are as follows; first, there is not detailed consideration for online arbitration. Second, communications between the parties and the tribunal are allowed only through the Secretariat. Third, elaborate provisions regarding the electronic submission and transmission of documents is provided for. Forth, various factors must be considered by the tribunal in deciding the evidence's reliability. Fifth, reasonable endeavours is levied on CIETAC to keep data communications secure and encrypted. Sixth, the tribunal has the right to investigate and collect relevant evidence. And finally different procedures are provided for in consideration of the various types of E-commerce.

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Practices and Legal Issues of Online Arbitration in China - focused on Online Arbitration of CIETAC (중국의 온라인중재 운용과 법적문제에 관한 연구 - CIETAC의 온라인중재를 중심으로)

  • Cha, Kyung-Ja;Choi, Sung-Il
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.131-149
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    • 2010
  • Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.

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Parental Mediation Strategies on Online Gaming (자녀들의 온라인 게임 이용에 대한 부모 중재 전략)

  • Kim, Jee Yeon;Doh, Young Yim
    • Journal of Korea Game Society
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    • v.15 no.3
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    • pp.63-78
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    • 2015
  • This study explored parental mediation strategies of children's online gaming and their relevant variables which could influence on them. A survey to 379 parents with elementary, middle, highschool, and college aged children revealed 7 distinctive parental mediation strategies of children's online gaming, that is, 'instructive', 'co-playing', 'rule-based', 'restrictive', 'technological', 'government regulation-dependent', and 'active guidance' mediation. Also, the results showed that there was significant relation between the parental mediation strategies, characteristics of parents, and characteristics of children. This study holds its significance in identifying the parental mediation types reflecting media characteristics of online games and Korean social and cultural context.

Discussion and Evaluation in UNCITRAL Regarding Procedural Rules for Disputes in International e-Commerce - Focused on the Discussion in the 26th Session of Working Group III - (국제전자상거래 분쟁해결을 위한 절차 규칙에 관한 UNCITRAL의 논의와 그 평가 - 제26차 실무작업반의 논의를 중심으로 -)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.133-152
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    • 2013
  • Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

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