• Title/Summary/Keyword: Commercial Practice

Search Result 328, Processing Time 0.029 seconds

A Study on Improving a Method of the Appointment of Arbitrators in Inter-Korean Commercial Arbitration (남북상사중재에 있어 중재인 선정방식에 관한 연구)

  • Lee, Joo-Won
    • Journal of Arbitration Studies
    • /
    • v.18 no.1
    • /
    • pp.147-165
    • /
    • 2008
  • Appointment of arbitrators is very important in arbitration. As it has been a long laps since Korean peninsula was devided into two parts, South and North, it has come to be too much gaps between South and North in the law, social system, commercial practice and etc.. South Korea is familar to international commercial practice and capitalistic legal system generalized internationally in modern times. On the other hand as North Korea was closed society for a long time, they are not familar to international commercial practice and market economy. In this connection, commercial disputes arising from the transactions between South and North will occur frequently and it will be very difficult to select governing law or commercial practice referred to the disputes. Under the circumstances, when and if an arbitrator from South or North will be appointed as presiding arbitrator in the tribunal composed by three arbitrators, the part from which the presiding arbitrator come will be a majority, and it will be advantageous to the parties came from the part of which the presiding arbitrator come from. Such being the case, sole arbitrator or presiding arbitrator needs to be appointed among foreigner. Otherwise I recommend the tribunal composed by two arbitrators and umpire system. As to arbitrator's fee, as there is a big gap in its economic aspects between South and North, I supposed to need establishing the fund made by corporation with South and North in order to compensate arbitrators from South or abroad for their fee. Finally it is more important to prevent disputes arising from transactions between South and North. In order to prevent the disputes, education for North Korean about international commercial practice and skill to make a contract of international sale of goods and investment are needed.

  • PDF

A Study on Need and Directions of Modification of Incoterms 2000 (Incoterms 2000 개정의 필요성과 개정방향)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.42
    • /
    • pp.3-32
    • /
    • 2009
  • As we know, Incoterms are reflecting only the greatest common measure of practice in int'l trade. Therefore we can think them as the commercial practice most widely used in trade. They contain a number of detail under converse mirror image terms because they connect each other like a thread as to all oversea's commercial transactions between importing buyers and exporting sellers. Therefore they afford convenience to exporters and importers in the world because they tell the parties what to do as to transfer of risk and costs, responsibilities in connection with delivery of the goods. Nonetheless, since Incoterms 1936, they have been periodically revising in order to represent contemporary commercial practice. Therefore, according to change of Int'l trade environment, ICC plans to modify to the 2000 Incoterms. I hope to contribute to revising works by reference of above mentioned revision, that to say, aspects of provision, reflection of prevailing most commonly used, promotion of status as uniform rules, provision of convenience of int'l buyers and sellers. harmony with existing int'l instruments, presentation of criteria in variation of Incoterms.

  • PDF

A Study on the Validity of International Commercial Arbitration Agreement in China (중국에서의 국제상사중재합의 유효성에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.50
    • /
    • pp.61-85
    • /
    • 2011
  • The agreement to arbitrate is a central feature of commercial arbitration and the lack of a valid arbitration agreement is recognised as a reason why any arbitral award may not be recognized as binding by the courts or may be set aside. The purpose of this paper is to clarify the China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement. Most arbitration laws only require an arbitration agreement to be "in writing". But the arbitration law of the China require an arbitration agreement shall contain the following: 1. The expression of application for arbitration. 2. Matters for arbitration. 3. The arbitration commission chosen. And China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement are somewhat different from the other nations.

  • PDF

THE EFFECT OF QUADRATURE ERRORS IN PRACTICE

  • Kim, Chang-Geun
    • Korean Journal of Mathematics
    • /
    • v.6 no.2
    • /
    • pp.195-203
    • /
    • 1998
  • In [3], we showed that overintegration may be needed to obtain the optimal $H^1$ error rate for the $p$ version. In this paper, we examine the convergence of the $p$ version in practice, and comment on the implementation of the $p$ version in commercial codes. Also, we give an example of a problem with extremely rough coefficients, for which overintegration is necessary to obtain the optimal $H^1$ convergence rate.

  • PDF

Review of Legislation Case in Main Country about the Validity of International Commercial Contract (국제상사계약의 유효성에 관한 주요국가의 입법례 검토)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.153-178
    • /
    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

  • PDF

Strategies to Improve Farm Management Consulting Practice (농업경영 컨설팅의 발전방안에 관한 연구)

  • Kim, Jae-Hong
    • Korean Journal of Agricultural Science
    • /
    • v.28 no.1
    • /
    • pp.41-47
    • /
    • 2001
  • Farm management consulting is recently widely recognized as farm business becomes more commercial. For better consulting practice, this paper analyzes current status of consulting practice and then suggests few strategies for consulting practice. Firstly, basic farm managements consulting should be strengthen, which have been done by technological center in local governments. Secondly, farm management consulting institutions must be specialized, in terms of role for each institution. Thirdly, we should train and produce more consultants specialized in field needs. Finally, aftermath program have to be developed for estimating consulting benefits.

  • PDF

A Study on the Commercial Customs and Practices in Indonesia (인도네시아의 통상환경과 상관습에 대한 소고)

  • Kim, Hee-Jun
    • International Commerce and Information Review
    • /
    • v.1 no.1
    • /
    • pp.87-105
    • /
    • 1999
  • A objective of this study is to examine a commercial practices and analyze a trade environment for a successful launch of Indonesian market. In general, Indonesian trade environment is composed of a natural environment, religious peculiarity, history and politic, an economic prospect. In order to understand a commercial practice exactly and then be possible a favorable business achievement, a natural character, a mode of living, custom of a meal and invitation, custom of gift, religious taboo, a human relationship, commercial power, a tendency of product preference should be recognized. The results of the study indicate mostly that even though an excellent brand image, a good Quality and an efficient sales network are a basic factor for making of a successful business. However practically it is more important to understand a business custom and a natural character of Indonesian. Because business is made up of through relation between human being eventually.

  • PDF

Numerical Analysis of Turbulent Flow around Tube Bundle by Applying CFD Best Practice Guideline (CFD 우수사례 지침을 적용한 관 다발 주위의 난류유동 수치해석)

  • Lee, Gong Hee;Bang, Young Seok;Woo, Sweng Woong;Cheng, Ae Ju
    • Transactions of the Korean Society of Mechanical Engineers B
    • /
    • v.37 no.10
    • /
    • pp.961-969
    • /
    • 2013
  • In this study, the numerical analysis of a turbulent flow around both a staggered and an inline tube bundle was conducted using ANSYS CFX V.13, a commercial CFD software. The flow was assumed to be steady, incompressible, and isothermal. According to the CFD Best Practice Guideline, the sensitivity study for grid size, accuracy of the discretization scheme for convection term, and turbulence model was conducted, and its result was compared with the experimental data to estimate the applicability of the CFD Best Practice Guideline. It was concluded that the CFD Best Practice Guideline did not always guarantee an improvement in the prediction performance of the commercial CFD software in the field of tube bundle flow.

The characteristics of the ISP 98 and the comparison of the ISP 98 and the UCP 600 (ISP98의 특성과 UCP600과의 비교연구)

  • Park, Sae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.41
    • /
    • pp.51-78
    • /
    • 2009
  • The ISP 98 is developed by the American Institute of International Banking Law & Practice in 1998. The ISP98 are also published as ICC Publication No. 590. A detailed commentary on the rules("The Official Commentary on the International Standby Practice") has been written by Professor James E. Byrnes. Presently there is no compelling reason to revise the rules themselves even if ten years is passed since the issuance of ISP98. Insteadthe American Institute of International Banking Law & Practice will provide Model Forms in the early 2009. Special features of the ISP 98 are as the following. Firstly, the ISP 98 is copyrighted by the Institute of International Banking Law and Practice, Inc., and published by the International Chamber of Commerce. Secondly, the ISP 98 differs from UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurees and credit manager, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insovency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. Thirdly, the ISP 98 supplement the UCP if the UCP dose not have the relative rule. Lastly, the ISP 98 has the official commentary. In addition, several provision of the ISP 98 would surprise the commercial parties and/or are rather peculiar, while some of them display a certain bias in favor of the banks.

  • PDF