• International Commerce and Information Review
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• v.14 no.3
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• pp.49-73
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• 2012

India is a gigantic market with a population of 1.2 billion and an economy that is growing at the second-fastest pace in the world. The volume of trade between India and Korea has been sharply increased with the increase of dispute since 2000. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of Indian dispute resolution system is a necessary requirement for successful business operation with Indian companies. This article analyzed and compared with the various ways of Indian ADR such as negotiation, mediation, conciliation, Lok Adalat and arbitration in order to help the Korean traders who enter into business with the Indian companies to settle their disputes efficiently. In conclusion, this article suggests the following ways to overcome problems of dispute with Indian companies: First, the Korean companies should recognize the characteristics of Indian ADR Ways respectively. Second, the Korean companies should utilize the conciliation or the mediation in small claim but arbitration in large claim. Third, Write a contract and insert the KCAB's standard arbitration clause in their contract.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.81-99
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• 2007

The purpose of this paper is to analyze trade disputes between Korea and China in terms of broad industrial policy concept and to derive some solution. It provide first a historical overview of the basic theory for the trade policy in the developing countries to see how the trade policy evolved the different stage of option and then try to highlight features of China's trade policy development after the capitalization. An attempt is also made to review the trade dispute in Kimchi in order to identify what are the underlying reasons for policy failure. Finally, we will try to suggest trade strategy with major policy directions which could be relevant for trade development of Korea today. The trade dispute issue with China has been newly coined referring to Korea's weakening economic stance among the two powerful Asians countries, China and Korea has always been closed partners geographically and economically. The study has stressed that the Koreans should not recoil from the trade crisis but to consider it as an opportunity. Rapidly growing Chinese manufacturing industry has heightened the importance of trade between Korea and China, indicating conversion in specialization from vertical to horizontal, according to the economic research so far. This paper has proposed strategy to cope with any trade disputes between Korea and China.

• Journal of Arbitration Studies
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• v.5 no.1
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• pp.181-217
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• 1995

• International Commerce and Information Review
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• v.18 no.4
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• pp.221-262
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• 2016

This study examines the dispute resolution culture and negotiation strategy in Vietnam. We adopt area studies methodology in order to analyze dispute resolution and negotiation strategy in Vietnam, since the dispute resolution and negotiation strategy are keenly connected with the culture, law, institution, and economic system of the society. Our findings are as follows. First, Vietnamese society has the culture that has the characteristics of maternal society and patrilineal society. Vietnamese women has traditionally participated in the economic activity. Second, Vietnamese people showed loyalty to the nation. Third, Vietnamese society is shown to belong to the culture of collectivism. In addition, we investigate the multi-faced characteristics of Vietnamese dispute resolution culture and negotiation strategy. Our findings are as follows. First, Vietnamese people utilize middlemen in implementing dispute resolution and negotiation. Second, Vietnamese people prefer long-term negotiation style. Third, Vietnamese people is accustomed to face-saving culture. Fourth, Vietnamese people prefer the indirect communication style. Fifth, Vietnamese people prefer written document instead of oral agreement in contract. Sixth, Vietnamese people and firms prefer ADR to formal law.

• International Commerce and Information Review
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• v.13 no.2
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• pp.151-176
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• 2011

The main objective of this study is twofold. The first is to investigate the main currents of Korean commercial arbitration. The second is to investigate the research methodology of Korean commercial arbitration in the perspective of disciplinary fusion perspective. The main findings of Korean commercial arbitration are as follows: first, the incidence of commercial arbitration increased in the Korean Commercial Arbitration Board during the period of 2006-2010, second, the primary causes of trade claims are disputes related with payment and those related with sales contracts, third and finally, the number of countries seeking to resolve disputes through arbitration has increased, including European countries. In this setting, it is necessary to investigate commercial arbitration through the inter-disciplinary perspectives. This study suggests that there are five research methodologies of commercial arbitration. They are legal theory related methodology, institutional methodology, cultural methodology, causal methodology and empirical methodology. Traditionally, the legal profession leads the field of commercial arbitration. However, it is necessary to introduce other elements to the field of commercial arbitration. This study highlights the disciplinary fusion approach among five research methodologies of commercial arbitration.

• International Commerce and Information Review
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• v.5 no.1
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• pp.159-177
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• 2003

As many kinds of transactions and informations move onto the Internet, methods to resolve dispute arising from this trend must also move onto the Internet. The Internet has heightened interest in Alternative Dispute Resolution(ADR). Some organizations are using the new technology in the field of dispute resolution, for example, by establishing web sites and offering communications through the Internet. Online ADR provides an attractive solution to an important part of the jurisdictional challenges presented by the Internet. This study reviews the types of online ADR as the dispute settlement way in electronic commerce. Especially this paper points out the task that Korea has to promote the online ADR for more effective and efficient dispute settlements.

• International Commerce and Information Review
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• v.2 no.2
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• pp.1-18
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• 2000

최근 인터넷 등의 네트워크의 발달과 확산 보급은 가상공간(Cyber Space)이라는 특수한 공간을 창출하면서 이를 기반으로 한 전자상거래는 국내와 국외를 막론하고 급격히 증가하고 있으며, 이에 따른 분쟁의 발생가능성도 확대되고 있다. 이와 관련된 여러 가지 법적 쟁점 가운데 분쟁해결의 절차적 문제로서 재판관할을 어떻게 결정할 것인가가 문제된다. 이와 관련 기존의 국제상거래의 국제재판관할의 법리가 인터넷을 통한 전자상거래와 관련된 경우 어떻게 적용되는지에 대한 기본적 의문이 발생한다. 본고에서는 국제상거래의 국제 재판관할에 관한 기왕의 논의를 간략히 검토하고 특히 전자상거래를 중심으로 하여 인터넷이 관련되는 경우 어떻게 적용가능한지를 검토하고자 한다.

• 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.

• Korea Trade Review
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• v.43 no.1
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• pp.25-45
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• 2018

International commercial arbitration is an inseparable part of today's international commerce. International transactions are becoming increasingly complex. Problems brought by multi-party and multi-contract arbitration pose problems for traditional arbitration systems. The Korean Commercial Arbitration Board(KCAB) has released updated International Arbitration Rules(2016 Rules) and has adopted innovations similar to those introduced in the rules of major international arbitration institutions in recent years. The changes in the 2016 Rules are intended to increase the efficiency of the arbitral process, and introduce the process for consolidation of claims. For international commerce contracts, it would be appropriate, and necessary, to adopt a multi-party arbitration clause, as consolidated arbitration provides effective resolutions for multi-party disputes.

• International Commerce and Information Review
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• v.19 no.1
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• pp.191-210
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• 2017

The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.