• Journal of Arbitration Studies
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• v.25 no.2
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• pp.71-96
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• 2015

This paper deals with the annulment of the ICSID(International Centre for Settlement of Investment Disputes) arbitral award. The annulment of the ICSID is characterized by the fact that it can be made possible through the special committee of ICSID only. The annulment of the ICSID was constructed on the premise that it is not an appeal procedure. However in the initial period, it was strongly criticized as it allowed new trials or duplicated many of the functions of an appeal and it broke down the boundary between the two systems. Although the trend seemed to be corrected through its 2nd and 3rd generations, it was still criticized for functioning as a new trial. It is approaching its 4th generation. On the other hand, with the activation of investment agreement arbitration based on ICSID and FTA, a certain degree of consistency is required for the ICSID arbitralaward. Also, with the emphasis on the public features of the arbitration for the investment agreement, the necessity of an appeal system is presented. The ICSID Secretariat published the "Opinion on the Appeal Procedure" in 2004 but as the system was criticized as too early due to the cost allocation problem and others, its adoption of an appeal procedure has been delayed. This paper focuses on how the currently incomplete ICSID arbitration judgment annulment system shall be used. Although it is still hardto expect the quality and consistent arbitral award annulment in the ICSID, this paper suggests that the "annulment without the actual new trial" using the restricted authority of a special commission in a creative way shall be pursued rather than just the actual new trial with or without annulment, thus going back to the original concept of the ICSID arbitral award annulment.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.3-21
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• 2020

This study focuses on the binding power of the interim measures of the arbitral tribunal in ICSID arbitration and the effects of non-compliance. Upon consideration of the intentions of those who made these rules, given the interpretation of the provisions of Article 47 of the ICSID Convention and Article 39 of the ICSID Arbitration Rules, it was found reasonable to consider that the interim measures made by the arbitral tribunal in ICSID arbitration were not binding. However, in actual ICSID arbitration, most arbitral tribunals approve the binding power of the interim measures based on the purposes and the characteristics of the interim measures. As such, there is a certain distance between the legislative intention for interim measures in ICSID arbitration and the judicial practice, but considering the demand for maintaining the integrity of the arbitration procedure, it is reasonable to consider that the interim measures are binding. In addition, the fact that the interim measures have binding power can increase the possibility that the party will comply with the interim measures. Thus, the binding power of interim measures not only encourages voluntary compliance to the interim measures of the party, but can also cause negative consequences for the party if it is not met. In other words, the arbitral tribunal will be able to form negative inferences against the party who does not comply with it in a procedural side, and in the practical side, the party who does not comply with the interim measures will be compensated for the additional damages for non-compliance.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.9
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• pp.2078-2082
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• 2010

The general bus system architecture consists of masters, slaves, arbiter, decoder and so on in shared bus. As several masters can't use a bus concurrently, arbiter plays an role in bus arbitration. In compliance with the selection of arbitration method, The efficiency of bus usage can be determined. Fixed Priority, Round-Robin, TDMA, Lottery arbitration are studied in conventional arbitration method. Conventional arbitration method is considered bus priority primarily, actual bus utilization didn't considered. In this paper, we propose arbitration method using bus utilization operating block of each master, we verify the performance compared with the other arbitration methods through throughput performance. From the result of performance verification, we confirm that proposed arbitration method, matched bus utilization set by the user 40%, 20%, 20%, 20%.

• Journal of the Institute of Electronics Engineers of Korea SD
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• v.48 no.9
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• pp.50-57
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• 2011

Conventional bus system architectures are composed of several components such as master, arbiter, decoder and slave modules. The arbiter plays a role in bus arbitration according to the selected arbitration method, since several masters cannot use the bus concurrently. Typical priority strategies used in high performance arbiters include static priority, round robin, TDMA and lottery. Typical arbitration algorithms always consider the bus priority primarily, while the bus utilization is always ignored. In this paper, we propose an arbitration method using bus utilization for the operating block of each master. We verify the performance compared with the other arbitration methods through the TLM(Transaction Level Model). Based on the performance verification, the conventional fixed priority and round-robin arbitration methods cannot set the bus utilization. Whereas, in the case of the conventional TDMA and lottery arbitration methods, more than 100,000 cycles of bus utilization can be set by the user, exhibiting differences of actual bus utilization up to 50% and 70%, respectively. On the other hand, we confirm that for the proposed arbitration method, the matched bus utilization set by the user was above 99% using approximately 1,000 cycles.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.53-70
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• 2019

This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.281-300
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• 2004

This paper is about a case on the arbitration of disputes between the parties of charter party. 'B' vessel owner on the original charter party first made a charter party with 'L' cargo owner on the original charter party. Then, 'B' entered into another charter party with 'D' vessel owner, who will actually take charge of carriage of the cargoes which is described on the original charter party. Therefore, 'B' is a carrier of cargoes of 'L' and 'D' is a carrier of cargoes of 'B', according to the contracts. The cargoes of 'B' is cargoes of 'L', by nature. In these circumstances, damages to the cargoes occurred in the transit by the vessel of 'D'. Who should take the responsibility for the damage of cargoes? Who must be liable for those, 'B' or 'D'？. According to the original charter party, 'L' signed 'as Charterers' and 'B' was the counterpart of 'L'. But 'B' signed as 'for and on behalf of 'B',' without 'as Owners'. Tribunal of arbitration award that 'B' should take the responsibility for the damage to the cargoes, because 'B' is the vessel owner. Although 'B' is a contract carrier, 'B' must bear the liability of transport of the cargoes. The counterpart of charterer, 'L' is 'B' who is presumed to be the vessel owner by the original charter party. 'D', actual carrier is not the privy of 'L', cargo owner. This case teach us that signature on the contract is the matter of great importance.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.29-47
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• 2014

In recent years, with the rapid development of electronic commerce, companies engaging in e-commerce want to take advantage of fast and easy way to solve ever-growing disputes online. South Korea's e-commerce disputes are mainly solved by mediation process of Korea E-commerce Mediation Committee. The whole process of online mediation can be carried out by the network, with the advantages of high efficiency and speed. On the other hand, the introduction of CIETAC's online Arbitration Rules in China meets the actual needs. Especially the requirement of hearing trials' procedures should be easier and faster, making the dispute can be resolved in a short time. Furthermore, the whole process from applying to ruling is conducted online, which meets the needs of e-commerce business that want to solve the disputes faster and more efficient. In addition, the cost of online arbitration is much lower than the average arbitrations. The implementation of the CIETAC's Online Arbitration Rules, will further promote the development of e-commerce in China. With the increase of trade volume between China and Korea, the e-business are also increasing. Although South Korea has not yet implemented online arbitration until now, CIETAC's effort for combining arbitration and mediation have good implications for development Korea's e-commerce online dispute system to promote e-Commerce between Korea and China.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.89-114
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• 2011

Environmental disputes not only possess the special characteristics of collectivity and plural value relativity but it also possesses the unique features of difficulty to prove cause and effect as well as the structural maldistribution of evidence and information. Therefore, the positive resolution of an environmental dispute can be brought about more easily with the Alternative Dispute Resolution (ADR) which can take the form of talks, compromises, as well as arbitration or mediation rather than through a trial process. Such being the case, this paper first looks into the problems and effectiveness of the arbitration system of environmental lawsuits and then takes an even closer look at Korea's environmental dispute arbitration system and finally offer some reform methods. In Korea, the environmental dispute arbitration system was implemented in 1991 and has been executed since then. Although this system does have positive features such as the high rate of coming to an agreement between the involved parties but unfortunately, most of the cases rely on decisions based on right and wrong which cannot but be far away from the intentions of the ADR system. It is heavily centered around claims regarding psychological compensation regarding noise and vibrations and the ratio of the actual amount of compensation is comparatively lower than the requested amount. In addition, with the limits in organization and manpower, it leads to a lack of professionalism as well as the problem of low usage with the low awareness rate. As reform measures against the aforementioned problems, this paper suggests the following. First, in order to activate the arbitration process more fully, it proposes aggressive usage of compulsory arbitration as well as submission to arbitration, while at the same time raising ADR professionals to fill in the missing gaps. Secondly, in order to overcome the problem of concentration of related cases, making representative lawsuits of environmental organizations would be a good idea. It also states that in order to make the compensation amount more realistic, it should go out of the across-the-board decision making process and reach a decision about the compensation amount that takes the individual situation's dispute into consideration. In order to boost the professionalism of the environmental dispute arbitration, it is necessary to reform the organization and manpower such as expanding the number of members of full standing, and increasing the professionalism of the examiners. Also, to increase the usage rate of the ADR system, the paper suggests stationing a civilian consultant regarding environment, or activating the compulsory arbitration which is the premise for public participation on the part of the residents.