• Title/Summary/Keyword: 제도중재(制度仲裁)

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A Study on the Possibility of Introducing Arbitration Program to Consumer Dispute Resolution System (소비자분쟁해결제도에 중재제도 도입가능성에 관한 연구)

  • Park, Sung -Yang
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.73-94
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    • 2009
  • There are significant differences between disputes among enterprises and disputes between consumers and an enterprise. A majority of consumers may suffer from the same damages at the same time with small amount concerned and sometimes low chances for find the real cause. Among these distinctive features, the most significant characteristic in consumer-business disputes can be found in that consumers are in a disadvantageous position compared to businesses. When it comes to consumer policy, the biggest aim lies with turning back the damage a consumer is suffering into normalcy. In this regard, the Consumer Dispute Resolution System is the most essential among consumer policies. In Korea, the Collective Alternative Dispute Resolution (ADR) System was introduced to the Consumer Dispute Resolution System in 2007 in line with revision on the Consumer Basic Law. However, smooth damage redress for consumers is still not taking place. Against this backdrop, this report suggests that 'consumer arbitration' program should be introduced to the Consumer Dispute Resolution System as part of making good and smooth progress for consumer damage redress.

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A Study on the International Commercial Arbitration in China (중국의 국제상사중재에 관한 연구)

  • Li, Jing;Park, Sungho
    • 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.

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A practical approach to commercial arbitration system in Pakistan (파키스탄의 상사중재제도에 관한 실무적 접근)

  • Won, Sung Kwon
    • International Commerce and Information Review
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    • v.16 no.5
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    • pp.67-86
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    • 2014
  • The commercial arbitration is considered an effective and rapid means in solving problems and finding solutions for disputes between the business partners. For the development of commercial arbitration, there is a need to study arbitration in practice as well as in theory. This paper analyse the situation of commercial arbitration system in Pakistan both with respect to domestic laws and international laws applicable in Pakistan. The Arbitration Bill 2009 aims to consolidate law relating domestic arbitration, international commercial arbitration, recognition and enforcement of foreign arbitral awards as well as settlement of international investment disputes. Pakistan while defending investment claims and in order to restore investor's confidence, in 2011, Pakistan introduced a law to secure foreign investments. This study explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives a comprehensive analysis of Pakistani arbitration laws, rules and procedures dealing with arbitration agreements and awards. In the absence of relevant trade information in Pakistan, this paper is designed to meet the needs of a Korean international trade scholars to obtain an understanding of Pakistani commercial arbitration system quickly.

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A Study on Interim Measures of Commercial Arbitration in China (중국 상사중재에서의 임시적 처분 조치에 관한 연구)

  • Qing-Tang;Hae-Ju Kim;Eun-Ok Park
    • 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.

A Study of Alternative Dispute Resolution for Sports Dispute - Focus on Arbitration System - (ADR을 활용한 스포츠사건의 해결에 관한 고찰 - 중재제도를 중심으로 -)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.109-129
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    • 2011
  • In the approaching 21th century, the outstanding development in international sports has established arbitration as the preferred form of dispute resolution. Because the form of sports dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem. The Alternative Dispute Resolution(ADR) as the settlement of sports dispute is regarded as the one of effective dispute resolution method and merits notice. The Korean Sports Arbitration Committee has been established for dispute resolution between athletes and the clubs or alike. Now, We must review and complements the rules of the Korean Sports Arbitration Committee in order to be a representative system of domestic sports dispute arbitration that settle the sports dispute practically and efficiently.

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