• Journal of Arbitration Studies
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• v.32 no.3
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• pp.93-109
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• 2022

Cosmetics are products that consumers use every day to maintain or improve the health of their skin and hair. Therefore, the expansion of the cosmetics market leads to the expansion of disputes over cosmetic damage. Along with constant social changes, new conflicts continue to arise. In order to resolve these disputes, various consumer dispute resolution organizations and methods are required. Therefore, Alternative Dispute Resolution (ADR), an alternative method that can provide a reasonable judgment on problems that occur during the manufacture and distribution of cosmetics with expert knowledge of the industry, is required. Korea resolves disputes between consumers and manufacturers caused by cosmetics through the ADR of the Korea Cosmetics Association and the Korea Consumer Agency. It handles disputes related to accidents caused by cosmetics, offers consultation on consumer complaints on cosmetics and provides information on accidents and safety related to cosmetics. It is not possible to completely eradicate disputes from cosmetic damages. Therefore, it is necessary to expand and efficiently operate the cosmetic ADR system for consumers. In this study, the current status of cosmetic damage disputes and damage relief and the role of the domestic ADR system were reviewed. Consumers should be easily relieved from damage caused by cosmetics. By accumulating important precedents with an efficient cosmetic damage dispute resolution system, disputes over cosmetic damage should be smoothly resolved.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.91-116
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• 2008

E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.53-80
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• 2014

This article focuses on the Active Plan for Alternative Dispute Resolution(ADR) in financial Dispute. The financial consumers of Korea had suffered greatly from the IMF in 1997 and the global financial crisis in 2008, which also increased financial conflicts significantly. In particular, active financial transaction, due to the development of computer and financial techniques causes frequent consumer financial conflicts. It is beneficial to settle them for judicial economy through an alternative conflict arbitration system instead of lawsuit at the court. Many advanced countries settle financial conflicts through various ADR in their numerous financial conflicts. In the settlement of financial conflict, the ADR system, covering mediation and arbitration, is useful and appropriate. Each governmental institution has various conflict settlement organizations, and it is necessary to operate them effectively. In order to settle financial conflicts properly, it is necessary to study law on financial consumer protection, and it is also necessary to understand practical custom and practical knowledge and to systematize them. Further, it is important to manage financial conflict-related data, to accumulate professional experiences, and to prepare a financial conflict settlement system in order to introduce financial education earlier to the whole nation.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.343-365
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• 2003

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.159-179
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• 2014

Currently disputes related to sports arise in various ways. Moreover, as the awareness of the rights of the people in the field of sports grows the chances of disputes occurring increases. Therefore, the number of sports disputes which will be dealt with by courts will increase. On the other hand, there are demands for fast and efficient legal resolutions for diverse sports disputes. However, as a dispute resolution system, the current domestic arbitration for sports disputes exposed several problems: the lack of professional arbitrators for sports disputes, procedural elements of delay, and the lack of promotion of the arbitration system. This study will first analyze the system for the resolution of domestic sports disputes. Then this study will review of the system for the resolution of international sports disputes and propose the establishment of an arbitration system for the resolution of domestic sports disputes.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.219-251
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• 2006

As the scale of electronic commerce increases more and more, disputes in the electronic commerce also happen more frequently. As the development of electronic commerce is difficult without smooth settlement of dispute, the pursue of smooth settlement of dispute is very important. Regarding smooth settlement of dispute, the way of dispute settlement through Online Dispute Resolution(ODR) is pursued positively nowadays. However the responsibility of related parties still remains to complete such system. This paper divides related parties into the parties(seller, buyer), ODR providers, the neutral dispute resolver, and the governments. Later this paper examines the responsibility of related parties. As related parties complete their own responsibility, electronic commerce may develop more and more. Furthermore through the development of electronic commerce all nations will enjoy mutual benefit.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.171-205
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• 2002

ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.