• 아태비즈니스연구
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• 제10권1호
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• pp.117-133
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• 2019

This paper examines the most-favored-nation treatment clause on the BITs concluded by China and examines the attitudes of China on the application of the most-favored-nation treatment clause to the ISDs by period as the scope of arbitration increases. Moreover, this study pointed out the problems that would be exposed if the most-favored-nation treatment clause applies to ISDs and then also suggested solutions. The conclusions of this study are as follows; if the Chinese government strictly restricts the applicable expansion of the most-favored-nation treatment clause to the dispute settlement procedure by considering only the position of the capital importing country, it implies a contradiction against the development trend of the arbitration system related to international investment disputes. Of course, in order to protect the rights of Chinese investors investing abroad, expanding the applicability of the most-favored-nation treatment clause to the ISDs procedure unconditionally may have a negative impact under China's dual status of being a capital-importing country and a capital-exporting country. Therefore, China should clearly define the scope of application of the most-favored-nation treatment clause, the completion of the local remedy for the host country in cases of BIT to be concluded in the future or amended, and also clearly define that the most-favored-nation treatment clause should not be retroactively applied into BITs already concluded as an exception of applicability of the most-favored-nation treatment.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.229-243
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• 2009

The content industries environment has been undergoing significant changes due to rapid technological innovation and content market expansion. Interest in the industry is growing fast both in Asia and Europe. However, in Japan content industries are showing almost zero growth with no increase in overseas expansion. Until now, Japanese content industries have been able to grow based on domestic demands. Many different factors contributed to today's zero growth in Japanese content industries. Two main reasons are: 1) Their lack of interest in overseas expansion and 2) Insufficient investment in domestic human resources development. Considerable amounts of Japanese contents including films, music, games, and animations have been distributed in many Asian countries and today piracy problems in the region are at a serious level. According to 2004 records pirated editions accounted for 85%, 16%, 19%, and 36% in China, Korea, Hong Kong, and Taiwan respectively. Pirated editions bring economic losses to Japanese copyright profits. Making it worse, they weaken the motivation to create content and make it hard to activate cultural exchanges. Losses from copyright violations in Japanese content industries are expected to keep increasing in the future. In order to make Japan competitive and grow it is crucial to take proper measures to protect copyright infringements. This study considers the current situation of the Japanese content market, infringement issues in content which is causing many problems in Asian countries, including China, and facts about losses caused by this problem.

• 한국중재학회지:중재연구
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• 제29권4호
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• pp.33-55
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• 2019

This study is aimed at drawing up improvement measures in connection with the resolution of claims, one of the major constraints in revitalizing South-North Korean economic cooperation. To that end, we first looked at the structure of South-North Korean economic cooperation and the institutional status related to resolving the claims. Also we analyzed the current status of the claims in the process of promoting South-North Korean economic cooperation by companies and the provisions of the claims between the parties in order to derive any problems. Through these research results, we were able to identify directions and implications for efficient improvement of the causes of several South-North Korean economic cooperation claims. First, at the corporate level, there is a need to create specific details of a contract for resolving disputes and to add additional third-party coordination functions in the relevant clause of the contract in preparation for the occurrence of a dispute. In addition, it is necessary to seek ways to advance jointly with corporations in China and other third countries in order to secure stability. Second, the government should continue to discuss ways of promoting South-North Korean commercial arbitration with North Korea so that follow-up measures can be completed as soon as possible. In addition, a two-track strategy is suggested to provide a practical negotiation channel at the private level. Also it is necessary to be active in persuading North Korea to join the international arbitration treaty in preparation for the activation of full-fledged economic exchanges.

• 무역상무연구
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• 제66권
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• pp.171-190
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• 2015

This thesis mainly studies the Commercial Mediation System in China and its Implications to Korea. Commercial mediation is an important dispute settlement method, however there are more studies on the issues of arbitration than the ones on mediation. Commercial mediation emerges From the tide of economic activity, needing an earnest research and to be developed. Business mediation law has been enacted in some nations like USA, but in Korea, there is no law in mediation field to follow. To set up business mediation law is necessary and urgent as well as feasible. This thesis first introduces the mediation of the general meaning including concept, makes a research concerning the sorts of the mediation, compares the effect of different kinds of mediation, and studies the current status of use of mediation in other countries. Than introduces current status of use of mediation in China, and examine mediation system in China. Through this studies, the writer no that there is almost equal problem in China comparing to Korea. So than examine how Chinese government make countermeasures to cover their problems, and give Korean government several implications that can learn from China.

• 무역학회지
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• 제47권3호
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• pp.177-190
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• 2022

This study is designed to identify the differences in the types and importance of trade claims at the national level. For analysis data, abstracts of arbitration and court judgments published on the website of the United Nations Commission on International Trade Law are collected and used. The target countries are China and the United States, with 102 cases from China and 59 cases from the United States. By applying topic modeling techniques to the collection decisions of China and the United States, trade claims are categorized, and the importance of each type is identified using the network centrality index derived through semantic network analysis. The analysis results are as follows. First, the main types of trade claims were the same for both the United States and China: product nonconformity, delivery issues, and payments. However, in China, the order of product nonconformity > delivery issues > payments was important, and in the United States, payments > product nonconformity > delivery issues were found to be important. This study is significant in that it presents a strategic trade claim management plan using a quantitative methodology.

• Asia Pacific Journal of Business Review
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• 제3권2호
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• pp.67-87
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• 2019

Anti-dumping instruments among trading partners have been the subject of research by both academicians and practitioners. This study attempts to establish an early-warning model of anti-dumping against Chinese textile exporting companies, which have suffered from anti-dumping regulations and got arbitration awards. After reviewing theories of anti-dumping arbitration, early-warning and relationship marketing, the measuring items and relationship marketing model of Chinese textiles exporters are investigated. Empirical methods are selected based on early-warning theories of companies. Eighty percent of 156 valid questionnaires by surveys and interviews are used as training data via Binary-Logistic regression while the other twenty percent are validated in the model. As a result, a proper early-warning model has been established.

• 무역상무연구
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• 제54권
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• 한국정보통신학회논문지
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• 제24권3호
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• pp.420-427
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• 2020

미·중 무역 분쟁이 시작된 이래로 전 세계의 관심은 물론이고 각 국의 무역에도 영향을 미치게 되었다. 하지만 미·중 무역전쟁은 전통산업의 경쟁에만 국한되지 않았으며 5G 산업의 경쟁도 갈수록 치열해지고 있다. 본 연구는 문헌연구를 중심으로 미국이 중국의 화웨이 회사에게 제재를 가하게 된 심층적인 원인을 분석하였다. 또한 이에 대한 문제점을 파악하고 해결방안을 제시하고자 한다. 미·중 무역 전쟁이 끊임없이 확대되고 빠르게 성장하고 있는 중국 산업은 미국의 산업에 영향을 줄 수 있으며 미국의 제재는 더 강화될 수 있다. 미국의 제재에도 불구하고 중국 5G의 빠른 속도와 효율적인 비용은 중국의 경쟁력을 더욱 높여 주고 있다. 하지만 앞으로 미국의 경제제재 하에서 중국의 5G 산업은 어떻게 생존하고 더욱 발전 할 것인가에 대한 심도 있는 연구가 이루어져야 한다.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.127-145
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• 2014

The wording of Article 18 shows that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Meanwhile, Article 19 states that this reply with different terms is a rejection of the offer and constitutes a counteroffer. For example, additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other, or the settlement of disputes are considered to alter the terms of the offer materially. However, this reply with different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offer or, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. As a result, the acceptance depends on whether different terms are material or not. CIETEC holds that the deletion of contract violation liability clause is not equal to an alteration to the extent of one party's liability to the other as stipulated in Article 19(3) of the CISG. In addition, CIETAC recognizes that one party had orally accepted the modifications made to the sales confirmation, with even China declaring against an oral contract. Lastly, CIETAC holds that the sales confirmation has been established when both parties signed on the sales confirmation instead of the acceptance being effective. Korean companies should, thus, note these issues when they solve disputes at CIETAC.

• 무역상무연구
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• 제51권
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• pp.133-158
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• 2011

The purpose of this study is to analyze one of CIETEC(China International Economic and Trade Arbitration Commission) Award on the dispute arising from Cotton Sale Contact which deals with damages and reduction of the price. Especially this case focused on the effect of reduction of the price to damages. The purpose of damages is to place the aggrieved party in as good a position as if the other party had properly performed the contract. So court costs and attorney's fee should be regarded as the loss, because these are caused by consequence of the breach which is recoverable. With the same reason, overpaid taxes should also regard as the loss. It is not impossible, however, to claim both damages and reduction of the price for same loss at the same time. It means buyer could not claim damages for the same loss, once he already claimed reduction of the price. So Korean companies should consider which remedy is proper to himself under the circumstances. He should choose reduction of the price when market price is down. In case of rising market price, he should consider follows: first, it is better to choose damages based on current price(Art.76), if upswing of non-conformity price is higher then upswing of market price. Second, it is better to choose general rule for measuring damages(Art.74), if upswing of market price is higher then upswing of non-conformity price.