• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.123-148
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• 2015

Central Asian Countries had been independent in 1991 from USSR. Since then it have been increasing foreign trade and investment amount with outside countries including China, Japan, EU and South Korea. Korean enterprises and entities have endeavored to secure plentiful natural resources, oil and gas energy and expand the market share to exporting the consuming and industrial competitive goods and services for those countries. In the case of disputes of commercial transactions and investment, arbitration is regarded as a dispute resolution system which has been preferred in international transactions and investments by the business world. Since the collapse of the USSR, Central Asian Countries have worked to modernize its arbitration law and procedure to conform with international standard rules. Arbitral legislation in Central Asian countries is based on the Model Law as adopted in 1985. However, CIS's legislation systems of arbitration are not satisfied with the international standard in national laws and practices. That is the reason to consider for the specific parliament about arbitration for the dispute resolutions in the commercial transaction and investment between Korean enterprises and CIS. In this article, it is discuss problems and its alternatives in the dispute resolution about the commercial transaction and investment into Central Asian countries including the tendency to the increasing the trade volumes of goods and investment between South Korea and CIS. According to this article, South Korea consider the long term strategy followed the preferred economic relative partnership for business success on commercial transaction and investment with the Central Asian Countries.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.253-275
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• 2006

Ever since the open and reform policy in 1987, China has adopted the socialistic market economy system and has been moving forward in economic reform. This gradually expanded their market economy. The open and reform policy achieved the highest average annual GDP growth rate of 9% and helped the country maintain high growth. China's economic growth in recent years has a lot to do with the international trading and direct investment by foreign corporations. China's entry into the WTO dramatically increased their amount of capital and investments due to their aggressive investments with foreign corporations. It is quite amazing that investments in China has been constantly increasing while the direct investments worldwide is decreasing. Moreover, increase in such investments is contributing to China's job creation, as well as, the expansion of international trading. When international economic exchange started between Japan and China in the 1970s, it was in the form of aid for developing countries, hence the collection of the investment was out of the question. It was in the 1990s that Japan started the full-scale investments with China and it was mostly centered in transfer of the production base. Japanese corporations aim was to mass produce goods less expensively using abundant and cheap labor and to sell them to Japan and other countries. The amount of Japan's exports and imports compared with China is increasing every year but the trade deficit has gone into the red. The dollar amount has been decreased from $ 27 billion in 2001 to $ 18 billion in 2003. The problems and damages in the system of justice and administrative confrontation that Japanese corporations are facing are continuously at a stand-still even after China's entry into the WTO. It has been 20 years since Japan's advance in China and during that period, the Japanese corporations brought many changes ranging from exports/imports to direct investment. Although Japan's new corporations tend to be located in the mid-western part of China, rather than the coastal areas, the region itself is not the cause for the confrontation. The problem stems from the Japanese treating the Chinese as if they were Japanese because they look similar due to their Asian ancestry. In reality the Chinese have completely different ways of doing business. Here we will take a look at the international trading and direct investment of Japanese corporations in China and study the conflicts that occurred in business transactions with China through real examples.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.221-221
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• 2017

• Journal of Arbitration Studies
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• v.19 no.2
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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.

• Journal of Arbitration Studies
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• v.29 no.4
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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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.

• Asia Pacific Journal of Business Review
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• v.3 no.2
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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.

• Korea Trade Review
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• v.47 no.3
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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.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.24 no.3
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• pp.420-427
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• 2020

The U.S-China disputes have attracted worldwide attention since it took place. However, the disputes between China and the US are no longer limited to the competition in traditional industries, and the competition in 5G industries is becoming more intense. This paper analyzes the reasons for US sanctions on Huawei and puts forward some Suggestions for its countermeasures. With the continuous trade exchanges between China and the United States and the acceleration of China's rise, the related industries in the United States will inevitably be impacted by the related industries in China. Despite U.S. sanctions, the fast speed and effective cost of 5G in China is further improving China's competitiveness. However, under the economic sanctions of the United States, how to survive and further develop China's 5G industry needs in-depth research.