• Title/Summary/Keyword: Commercial Practice

Search Result 328, Processing Time 0.03 seconds

The Development History and Activation Measures of Commercial Arbitration System in Korea - With Respect to 40 Years or Korean Arbitration Law and Practice - (우리나라 상사중재제도의 발전연혁과 활성화 방안 - 한국 중재법 및 실무 40주년을 중심으로 -)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.32
    • /
    • pp.59-91
    • /
    • 2006
  • The Arbitration Act of Korea was promulgated in 1966. Since the promulgation of Arbitration Act of Korea, consecutive amendments took place in 1973, 1993, 1997, 1999, 2001 and 2002. Among the various set of amendments, those of 1999 were designed to accommodate the UNCITRAL Model Law on international Commercial Arbitration of 1985. Korea has acceded to special international conventions on dispute settlement such as the New York Convention of 1958 and the Washington Convention of 1965. The Korean Commercial Arbitration Board(KCAB) administers the arbitration proceedings in accordance with its Arbitration Rules approved by the Korean Supreme Court. Since the establishment of the first Arbitration Rules in 1966. consecutive amendments took place in 1973, 1981, 1989, 1993, 1996, 2000 and 2004. The KCAB plans to enact the International Arbitration Rules, which will be available to disputing parties in addition to the KCAB Arbitration Rules. In 2005, arbitration applications received at KCAB recorded a historic high at 213 cases, an increase of 22% from 175 cases in 2000. But in 2005, the total amount involved in the arbitration cases decreases to US$ 129 million, a decline of 63% from US$ 346 million in 2000. The KCAB should take the following measures for activating the commercial arbitration system: the globalization of KCAB, the advertisement of arbitration system, the security of qualified arbitrators, and the enhancement of the secretariat service. In conclusion, the KCAB should make efforts for the development of the arbitration system and for the upgrade of customer satisfaction. Moreover the KCAB should make further efforts to grow into a global arbitration institution as well as strengthening relations with international arbitration institutions.

  • PDF

Recent Trends and Characteristics of International Arbitration in Latin American Countries (라틴아메리카 국제중재의 최근 발전경향과 특징)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
    • /
    • v.18 no.1
    • /
    • pp.97-119
    • /
    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

  • PDF

A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien (船舶優先特權과 船泊執行의 實務에 관한 考察)

  • 황석갑
    • Journal of the Korean Institute of Navigation
    • /
    • v.16 no.2
    • /
    • pp.29-39
    • /
    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

  • PDF

IN SEARCH OF PEACE ON THE SILK ROAD: FROM THEORY TO PRACTICE

  • TOKSOZ, ITIR
    • Acta Via Serica
    • /
    • v.2 no.1
    • /
    • pp.7-30
    • /
    • 2017
  • Looking beyond the assumptions and arguments of commercial liberalism, which sees economic interdependence and cooperation as fostering peace, this paper demonstrates that peace as an ideal can be found in various theories of international politics. The author finds the commercial liberal perspective to peace to be too narrow to explain the opportunities and challenges posed along the Silk Road and proposes to look at the peace narrative on the Silk Road through the lens of other approaches to peace, including the more interdisciplinary field of peace studies, for a more comprehensive picture.

The Impact of Balanced Scorecard on Performance: The Case of Vietnamese Commercial Banks

  • TUAN, Tran Trung
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.7 no.1
    • /
    • pp.71-79
    • /
    • 2020
  • Balanced Scorecard (BSC) is one of basic contents of managerial accounting. Balanced Scorecard (BSC) will help the manager to measure and evaluate the operating performance in enterprises. Therefore, providing the theory base as well as in fact with regards to apply with Balanced Scorecard, impact of applying with Balanced Scorecard on the performance of company, from then providing for the managers with the base to promote on applying the Balanced Scorecard in Vietnamese Enterprises aimed to improve the operating performance of enterprises meaningfully and neccessary. However, balanced scorecard in general is a very new content in both theoretical and practice in Viet Nam. The study aims to explore the application with Balanced Scorecard in enterprises according to 4 perspective of Balanced Scorecard in Vietnamese commercial banks. In the dimension of this paper, SPSS 22 was used to collect and analysis data, basing on the results of 109 questionnaires of managers and head of department from Vietnamese commercial banks. Research have shown impact of Balanced Scorecard on the performance of Vietnamese commercial banks. This is the scientific basis for enterprises of Vietnam in general and Vietnamese commercial banks firms in particular have a successful application of balanced scorecard to improve the business performance.

The Impact of Organizational Culture on the Sustainable Competitive Advantage of Commercial Banks: A Case Study in Vietnam

  • NGUYEN, Thi Bich Thuy;TRAN, Quang Bach
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.9
    • /
    • pp.201-210
    • /
    • 2021
  • A bank's competitive advantage helps in enhancing its ability to maintain a competitive advantage in product consumption, expand the consumption market, and effectively use business factors to maximize economic growth. The research aims to investigate the impact of organizational culture on the sustainable competitive advantage of commercial banks in Vietnam. The study adopts a quantitative research method, through structural equation modeling analysis (SEM). A survey was conducted on 608 participants who are staff at commercial banks in Vietnam. Research results show that organizational culture has both a direct and indirect impact on sustainable competitive advantage through factors of social responsibility and knowledge sharing. Based on these findings, the study gives some recommendations to contribute to the creation, maintenance, and development of sustainable competitive advantages of commercial banks. The findings of this study have shown the importance and impact of organizational culture on many aspects of a bank's sustainable competitive advantage. These are meaningful contributions in both theory and practice to help banks gain more insight into human resources management. The study also raises an issue on the need to care about and develop an organizational culture to bring professionalism, initiative, and fairness in all activities of commercial banks.

A Study on Differences of Sanitation Education and Sanitation Knowledge Between Dietitians in School Foodservice And Managers in Commercial Foodservice (학교급식소와 외식업소 관리자의 위생교육 실태 및 위생지식 차이 분석)

  • Park, Sang-Hyun;Jung, Hyeon-A;Bae, Hyun-Joo;Joo, Na-Mi
    • Korean Journal of Community Nutrition
    • /
    • v.14 no.3
    • /
    • pp.306-315
    • /
    • 2009
  • The purpose of this study was to compare the status of sanitation education and sanitation knowledge in school foodservice with commercial foodservice. The survey sample was institutional foodservice directors (n = 88) in A office of education and commercial foodservice directors (n = 81) in B foodservice industry. The questionnaire requested information about demographic information, situation of sanitation education, contents of sanitation education practice, importance of sanitation education, and sanitation knowledge. Data were analyzed using frequencies, means, chi-square test, and t-test. Over half (52.1%) of the respondents were institutional foodservice directors, 47.9% of the respondents were commercial foodservice directors. The majority of institutional foodservice directors were 25-29 years of age (38.6%), over 10 years of working experience (63.6%) and commercial foodservice directors were 25-29 years of age (53.1%), 5-10 years of working experience (35.0%). 66.3% of the respondents were educated food safety once a month, but 8.6% of commercial foodservices were never educated. The majority of the respondents used printing materials (73.3%) or lecture (74.8%). The importance level of institutional foodservice directors about sanitation education was significantly higher than commercial foodservice directors. The average score of institutional foodservice directors' sanitation knowledge was 87.05/100.00. The commercial foodservice directors' sanitation knowledge 67.74 was significantly lower than institutional foodservice directors (p < 0.05). Therefore, there should be a systematic education program designed for commercial foodservice directors.

Delimitation of Jurisdiction of Commercial, Civil and Administrative Courts: IT Challenges

  • Baranenko, Dmytro;Stepanova, Tetiana;Pillai, Aneesh V.;Kostruba, Anatolii;Akimenko, Yuliia
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.7
    • /
    • pp.85-90
    • /
    • 2022
  • In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.