• Journal of Arbitration Studies
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• v.13 no.2
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• pp.631-655
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• 2004

This study clearly shows that the commercial dispute management is very important for the enterprise and the national economy and the international commercial arbitration as a ADR needs to be activated to settle the trade dispute for the more in the Republic of Korea. The trade dispute has increased for more than thirty years from 1960s and the problem of the occurrence of trade dispute has been very serious in the Republic of Korea. In general, the annual average increase rate of trade dispute has been higher gradually to present and has been high more than the annual average increase rate of export from the 1960s. Also the annual average increase rate of trade dispute in R.O.K. in general high than the Japan and the Taiwan. Accordingly, the trade dispute has been the factor of weakening of international competitiveness. On the other hand, the occurrence of commercial dispute is apt to affect the enterprise and the national economy. It can be called as micro and macro effect. Also, it's analysed that all these problems occurred because of business quality of businessman than the quality problem of goods. Several improvements directions recommended are as follows according to the analyses above. The first, it's required that the consciousness level of commercial dispute management of businessman should be higher to prevent occurrence of commercial dispute and settle the dispute efficiently. The second, the government concerned had better fix policy to raise the standard of commercial dispute management since the trade dispute affects the enterprise and the national economy. And ADR institutions such as the KCAB cooperate with each other for the activation of ADR such as conciliation. The third, is's desirable that the KCAB should promote international commercial arbitration and activate the cooperation of international arbitration activity with other countries. The fourth, it's desirable that the system of Certified Dispute Manager(CDM) should be established to raise the standard of commercial dispute management and the trade order.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.357-363
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• 2011

Mediation has long been praised as one of effective dispute resolution methods in the area of construction law. Article 85-1 of the Taiwan Government Procurement Act was amended and promulgated by presidential decree on July 4, 2007. The second paragraph of the Article elaborates explicitly, "In the event that the application for mediation referred to in the preceding paragraph is made by the supplier, the agency may not object to such application." Beyond that, if an unsuccessful mediation of a construction dispute is due to the agency's disagreeing with the proposal or resolution for mediation proposed by the Complaint Review Board for Government Procurement ("CRBGP"), the agency may not object to the arbitration filed by the supplier. It undoubtedly reinforces the importance of the mediation-arbitration procedure. Accordingly, this paper elaborates on the mediation mechanism in Taiwan in the framework of construction disputes first. After that, dispute resolution of a local public work case is provided to demonstrate the practice of construction mediation in Taiwan. Lastly, this study proposes suggestions on applying mediation to ease similar subsequent cases.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.489-517
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• 2004

The resolution of the 1993 Uruguay Round and the opening of Korea's construction market in '97 marked the beginning of the globalization of Korea's domestic construction market. Consequently, the process led to changes in contracting procedures, as well as disputes in construction management. With globalization came a rapid realization of reasonable values, which forced the hierarchical vertical relationship between the owners, constructors, and subcontractors into a more equal, horizontal relationship. Once the hierarchical relationship was altered, the late 1990's witnessed a dramatic increase in managerial disagreements, in addition to escalating legal disputes and expenditures. The horizontal relationship was a new concept and brought forth many complexities. Unfortunately, because all of this was new, management of construction disputes was elementary at best. Anticipation of disputes is the key to effective dispute management. This includes thorough reviews of contract documents, document management, construction records, and checklists. Also necessary is the education of owners and contractors with pertinent knowledge concerning dispute management. The following paper focuses on the importance of observing construction disputes in order to facilitate management thereof.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.365-366
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• 2023

The purpose of this study is to prevent dispute due to change orders in construction projects and to handle change orders smoothly. For this purpose, this study analyzed arbitration cases caused by change order handled by the Korea Commercial Arbitration Board. Based on this, dispute factors were analyzed and change order management factors and management plans were presented. Change order management factors were derived from responsibility, contract, design, process, construction cost, and schedule management, and a detailed management plan according to the relevant factor was presented.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.291-322
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• 1999

The world of today faces a radical change, a new revolution, by the spread of the Internet. It is used not only for advertising but also for the exclusive rights in the field of information and communication, in add to the way of developing everyday our lives with world news, home-shopping, on-line education and so on. Actually, since the Internet Domain's Name(IDN) is unique over the world, the individual and the companies which provide information through the Internet have a keen competition to make a good IDN to memorize and organize all available information provided them. As a result, there are an increasing number of the cases where one company files suit against another for the validity of it's IDN so the policy to arbitrate and solute the cases is required. This paper is going to introduce the structure and the system of management for IDN. It will also discuss the efficient management of IDN, various case analysis of the dispute restraint and solutions, and the movement of improving the management procedure of IDN in WIPO. So we suggest to examine common disputes among IDN uses and solution methods for future problem at EC times. Therefore we have to establish the dispute solution system. Here are the two methods : one is that to establish a dispute solution organization. This organization which can conduct the new dispute solution procedure differs from the existing legislation system. The other is that to establish a dispute solution procedure i.e. the various dispute solution procedure for efficient dispute solution : council, inspection, mediation and arbitration. This procedure is conducted on-line due to features of the IDN disputes, also along with the current legislation system and the International dispute solution procedure. Because there is possibility the IDN disputes usually are connected with other countries. As there is no specific disputes solution procedure so far, we have to wait while development occurs that also striving to be coherent with and between the domestic and International solution procedure by helping to establish the International dispute solution procedure.

• Korean Journal of Construction Engineering and Management
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• v.18 no.4
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• pp.48-56
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• 2017

Construction Projects have many participants by characteristic, scale and contract. Those also have complicated communication structure. So, claim and dispute occur continuously for conflicting communication. In many claim and dispute cases, it usually occurs between builder and owner. Unfair practices by owners position cause main claim and dispute. This study analyses judgment type, cause and compensation ratio in korean commercial arbitration case and provides the dispute information for builder that has weak position by contract. It draws analysis information for managing and controlling dispute that order type, judgement type, cause and failure case. Using these analysis information, it hopes to help inducement of dispute agreement and save time and economic damage for builder during construction. It also hopes to rise construction completeness by providing dispute management information.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.350-356
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• 2011

Early neutral evaluation (ENE) is a fairly recent form of alternative dispute resolution procedure used in the construction industry. In the UK, ENE is usually carried out on an entirely without prejudice basis, however the parties may agree that any or part of it may be referred to at trial or any subsequent hearing. The early neutral evaluation consists of a preliminary assessment of the issues in dispute for use as a basis for negotiations which may result in a settlement of the dispute. An independent person is appointed by the parties who reviews the case and provides an opinion, in written form and in some detail, with reasons on the merits of the matters in dispute. The opinion is non-binding but provides the parties with what in the opinion of the independent person a formal tribunal may decide whether a court or an arbitrator, if the dispute is not resolved. However, ENE has yet to take off in the construction industry in the UK. This paper will explain this procedure and explore the use of it in the UK and internationally, considering the benefits and drawbacks of its use. It will consider whether or not it is more effective than other early resolution forms such as mediation and adjudication. It will argue and conclude that it is a very useful cost effective procedure, particularly in the resolution of complex disputes, whether local or international.

• Korea Journal of Hospital Management
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• v.18 no.3
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• pp.106-125
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• 2013

Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

• Management & Information Systems Review
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• v.9
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• pp.165-177
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• 2002

The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.40-45
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• 2001

Arbitration is adopted recently as dispute resolution vehicle for major construction projects in Korea. These arbitration cases show that complex construction disputes are resolved reasonably by newly-introduced arbitration process and this trend will continue. This paper reviews the expanded concept of dispute resolution for the new approaches to the disputes resolution processes in construction projects. The expanded concept includes that disputes need to be assessed reactively and proactively in construction project and need to be managed effectively in advance. In this paper, dispute resolution methods used in Korea are reviewed and analyzed against ADR methods available in US construction industry The new approaches to the dispute resolution Processes are based on the concept of 'Disputability' which means dispute management through prevention, avoidance and predictability of dispute issues and characteristics.