• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.165-187
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• 2005

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.173-198
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• 2004

Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.95-113
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• 2020

The worldwide diffusion of COVID-19 contributes to electronic commerce all over the world. The proliferation of high volume and small value electronic commerce naturally has combined artificial intelligence with online dispute resolution (ODR). This paper investigates the age effect on Artificial Intelligence acceptability in online dispute resolution and its empirical findings are as follows. First, seven measures out of the nine employed in this case study shows a coherent dynamic pattern over the age spectrum. In other words, the total samples are a heterogenous group rather than a homogeneous one. Second, medium answer occupies a non-negligible portion across answers from nine research questions. It seems to indicate that a considerable portion of Korean respondents are hesitant to make a choice on artificial intelligence at this juncture. Third, all of the respondents agree that the introduction of AI to the dispute resolution could contribute to the hastening of the dispute resolution process. Fourth, most of the respondents agree that artificial intelligence might have the cognitive ability but not the sympathetic or affective ability to handle the electronic commerce disputes.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.91-116
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• 2008

E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

• 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.16 no.3
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• pp.127-160
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• 2006

Civil lawsuits have been the main instruments to resolve any civil disputes until recent times but it has its limitations in resolving all disputes in the specialized and technical disputes only according to the civil trial process. Therefore, many countries have carried out a series of discussions and investigations into the system of Alternate Dispute Resolution(ADR). It should especially be noted that all related countries in the world have enacted a basic ADR law to accelerate the usage of the ADR system. The most representative cases are the American Alternative Dispute Resolution Act of 1998 and Japan's Alternative Dispute Resolution Promotion Law set up in December 2004. As such, there is a need for Korea to enact a basic law regarding ADR following the world trend of major nations. This paper looks closely not only into the enactment circumstances and contents of Japan's ADR law whose legal system is similar to that of Korea but also the aftermath discussions of the Japanese academic circles into consideration, in the hopes of providing reference data for the legislation of the Korean ADR system and further aiding in the development of the ADR law theory.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.159-179
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• 2014

Currently disputes related to sports arise in various ways. Moreover, as the awareness of the rights of the people in the field of sports grows the chances of disputes occurring increases. Therefore, the number of sports disputes which will be dealt with by courts will increase. On the other hand, there are demands for fast and efficient legal resolutions for diverse sports disputes. However, as a dispute resolution system, the current domestic arbitration for sports disputes exposed several problems: the lack of professional arbitrators for sports disputes, procedural elements of delay, and the lack of promotion of the arbitration system. This study will first analyze the system for the resolution of domestic sports disputes. Then this study will review of the system for the resolution of international sports disputes and propose the establishment of an arbitration system for the resolution of domestic sports disputes.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.117-144
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• 2013

After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

• International Commerce and Information Review
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• v.10 no.1
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• pp.279-293
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• 2008

The number of participants in an online dispute resolution(ODR) system is crucial to its survival. Securing participation is nonetheless difficult. Clearly, it is important to offer a system that is fair, transparent and offers an efficient service at low cost. These factors are fundamental to ensure trust and to build a returning customer base to the system, but are not what attracts a party to submit a dispute for settlement. This paper describes and discusses four main categories of legal measures found in the online dispute resolution services offered by SquareTrade and WIPO. In spite of shortcomings in the offered, the legal measures have contributed to attract large numbers of participants. Large participation secures the long-term economic viability of an online dispute resolution system. The four categories of legal measures described and discussed in this paper need to be part of the specifications and the design and development of future ODR system.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.