• Journal of Construction Engineering and Project Management
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• v.6 no.4
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• pp.24-34
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• 2016

Disputes seem to be synonymous with large-scale construction projects in Ethiopia. The purpose of this study is to determine the factors responsible for impacting the performance of Ethiopian public construction projects. To this end, 35 success and failure attributes responsible for impacting the performance of the projects were identified and presented to Ethiopian construction professionals in the form of a structured questionnaire, and responses were collected. The factor analysis conducted on the success and failure attributes influencing no-dispute performance separately resulted in six success factors and five failure factors. Further analysis using stepwise multiple regression indicates that owner competence and interaction among project participants have a positive impact on no-dispute performance. However, conflict among project participants has a negative impact on the no-dispute performance of Ethiopian public construction projects. Although Ethiopia-specific, the results reflect construction management problems common to both developed and developing countries. The findings are expected to help researchers and practitioners gain a better understanding of critical success and failure factors and to help them take proactive measures to avoid disputes in public construction projects.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.99-119
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• 2009

In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.437-441
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• 2004

This study aims to propose a set of improvement devices for construction dispute resolution clause of public improvement project in Korea. To do so, the study addresses the system and procedure of construction dispute resolution in domestic and overseas, and reviews precedent cases, specifically focused of a selective arbitration case. In public sector's initiated contracts, the absence of c)aim procedure clause is unable to response to the claims in timely manner, and the ambiguity of clause o( selective arbitration make it difficult to resolve a dispute by arbitration. Thus, in this study alternative dispute resolutions are explored as a way to resolve various construction disputes of public-initiated project in developed countries.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.72-82
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• 2019

The purpose of this study is to find out how any organizational response or dispute-related consulting has a significant impact on management performance before or during a dispute over a construction subcontract dispute. In this study, multiple regression models were used to analyze the impact on consulting performance. According to the result of the analysis, the positive effects on the overall external consulting effect is influenced by five variables such as financial values, increase of the number of disputes, construction of response system by contents, construction of response system in each period, dispute response external response system. The original business operators were also more likely to be affected by internal activities of conflict response companies and the extent to which external response systems were established. This means that the supply and demand service provider's business environment is relatively poor, forcing it to be lower than the internal and external activities and influences of the original business operators of the conglomerates.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.93-120
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• 2010

In 1978, Chinese reform and opening caused a big changes in Chinese labor relationship. Through reforming and opening, China gave up part of state ownership system and group ownership system, permitted private ownership system, and also opened the way for capitalists to ride again. Since China was established, the labor relationship ceased for 30 years has been appeared. However because the top priority aim of China's reform was economic growth, the protection of the rights and interests of labor was pushed back on the policy priority list. China takes foreign capitals based on cheap labor force quickly and China come up the worldwide plants. Since reformed, China keeps an economic growth rate of 9.7% annually for 30years. This economic growth is based on labor's sacrifice. However, Chinese fast economic growth causes side effects such as increasement of the gap between the wealthy and the poor, increasement of unbalanced development between regions, and the increasement of conflict between labor and management. Especially, according to changes in labors' level of consciousness, the labors recognized that their rights and interests are exploited by employers. Therefore, the labor dispute is continuously increasing. Chinese government changes their policy from the policy focusing on enterprise development to the policy protecting labor's rights and interests. In order to protect labor's rights and interests, China conducts labor contract law and labor dispute conciliation arbitration law in 2008. This kind of changes in Chinese labor environment affect a lot to Korean companies which already entered into China or are willing to enter. According to studying on present situation and resolution system in Chinese labor dispute, this paper suggests the proper countermeasure related to labor dispute of Korean companies which entered in China. First, the success rate of labor dispute conciliation by enterprise labor dispute conciliation committee is around 20% during recent several years and the success rate by year is in decline. Therefore, when labor dispute is occurred, our companies which entered into China better use other labor dispute methods such as negotiation and arbitration than conciliation in order to settle a conflict. Second, from the Korean enterprises entered in China point of view, there exists a problem not to sue except special cases which provided in the law even though they are dissatisfied with arbitrate judgment. Thus, when labor dispute occurred, Korean enterprises try to do best to settle the dispute through negotiation. However, in case of that the dispute cannot be settled by negotiation, they have to attend in the arbitration as if it is a last chance. Third, Korean enterprises keep in mind that dispute handling procedures between labor union and users or between labor group and users are different, and then deal with separately. Thus, dispute between labor and users have to follow arbitrate procedures as a necessary procedure, but in case of dispute related to group contract, namely dispute against labor union, labor dispute can be settled by arbitrate or suit, so after figuring out the situation exactly, it is necessary to select more advantageous way in order to settle the dispute. Moreover, in case of the dispute between labor union, they have to keep in mind that conciliation procedures cannot be used.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.153-185
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• 2006

This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.3-25
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• 2005

The companies' management strategies of the electronic commerce market are different from those of the traditional market. The main difference between the electronic commerce market and the traditional market is an IT network system which is a companies' management strategies in the electronic commerce market. This study focuses on the examination and analysis of the companies' management strategies which are constituted through influence on the effectiveness of the IT network system in the electronic commerce market and Promoting Arbitration System in The Era of Digital Economy this study is to introduce several alternative policies of the Government and companies to such formated IT network system of the electronic commerce market in the future. It's also suggested that the Korean Commercial Arbitration Board (KCAB) fully cover consideration and arbitration, while KCAB for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR operation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate. The paper points out the last one as the most desired practice. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.146-147
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• 2017

Recently, as the living standards of residents in apartment houses continued to improve, the dispute of post management have also increased. one of the Issue, Concrete Cracks comprised high percentage of dispute. Especially, between criteria the cost of repairing defect and the judgement of defect isn't clear, they are a lot of dispute in this regard. Even though lots of the criteria about Inter-layer crack is existed by judging defects, In a court, they are judging their own criteria about Inter-layer crack. The purpose of this study is to compare and analyze Defect Judement Standard both MOLIT and Court, and to provide the Improvement for Defect Judgement and Repair Method of Inter-layer concrete crack.

• International Journal of Contents
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• v.8 no.2
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• pp.75-81
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• 2012

This study explores the important causal relationship between the public (domestic) and trade (international) disputes of South Korea and China. To understand the relations between the domestic and international disputes, Putnam's study of the two-level game theory has been conducted in order to analyze the effect of complicated social and political frameworks on international trade disputes. Due to the social and political differences between South Korea and China, this study provides three findings based on negotiation, policy, and strategic approaches.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.8
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• pp.635-644
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• 2020

The construction industry in developing countries like Vietnam, which incorporates small and medium construction enterprises, is typically more prone to disputes and contract dispute-related lawsuits. A dispute may occur at any time in the life cycle of the project. It is sometimes solved with the intermediation of a lawyer or directly by stakeholders. Understanding the causes of disputes in a construction project not only improves the efficiency of a company but also increases the success of projects. This study was carried out using a questionnaire survey at construction projects in Ho Chi Minh City. Sample data with 117 observations were analyzed to find the disputing factors in construction projects: diversity of working style among the parties; reluctance to work; and poor teamwork. Correlation coefficient on a rank of factors between design consultant and contractor; Design consultant and project owners are positively correlated. The Exploratory Factor Analysis (EFA) analysis identified six groups of factors in construction disputes: cooperation, technology, economics, productivity, information, and behavior. The findings are useful for enterprise practice and provide participants with an overview of sources of dispute. Thus, a more complete risk management plan can be formulated, which will accelerate project progress and improve the likelihood of success.