• Korea Trade Review
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• v.48 no.4
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• pp.67-92
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• 2023

In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• Journal of Convergence for Information Technology
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• v.11 no.12
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• pp.80-89
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• 2021

In order to combat the spread of COVID-19, on January 30, 2020, the World Health Organization declared that the spread of COVID-19 has met the criteria of a "Public Health Emergency of International Concern" under Article 1 of the International Health Regulations(2005) and proposed a variety of preliminary recommendations to fight against the pandemic accordingly. All of a sudden, people are ordered to wear face-masks in public-which is forbidden for different reasons in many jurisdictions. Of course, the legal world was hit by the virus as well. Needless to mention that where economic and social life will change so drastically, the legal world will change(ex. virtual hearing) as well. Most probably, it will not ever be the same after COVID-19. And where the whole legal world will change, it is easy to state the obvious, namely that COVID-19 has and will have an impact on international arbitration as well. This paper will describe how international arbitration is dealing with this new challenge.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.13 no.4
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• pp.76-91
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• 2005

항공운송산업은 여객운송과 화물운송 등에 있어서 그 비중이 계속적으로 증가하여 왔으며 다양한 산업 및 기업들과 연관되어 있다. 그런데 항공운송산업에서 파업이 발생한다면 이를 대체할 만한 수단이 없어 항공사가 막대한 손실을 입을 뿐만 아니라 파업의 연쇄효과로서 적기납품 곤란으로 인한 수출관련 기업에의 타격, 관광 등 연관산업에의 악영향, 기업 및 국가 신인도 하락, 국민생활의 불편과 사회불안 등을 야기시킨다. 이렇듯 항공사 파업에 의한 경제 손실규모가 일반 사업장과는 비교가 안 될 만큼 막대하기에 국가적 차원에서 논의되어야 할 필요가 있다. 현생법상 항공운송산업은 공익사업으로서 노동부장관의 긴급조정 결정으로 노동쟁의를 해결할 수 있게 되어있다. 그러나 긴급조정 제도는 발동요건상 활용에 어려운 점이 많아서 경영계는 직권중재제도의 도입을 주장하고, 노동계는 직권중재 및 일방중재신청제도의 폐지를 주장하고 있으며, 정부는 새로운 대안으로서 최소업무 유지 의무 제도 도입 등을 고려하고 있으나 항공운송산업이 갖는 특수성, 공공성과 국민경제에 미치는 영향을 고려해 볼 때 필수공익사업 지정과 직권중재의 활용이 더 적절한 방법이라고 보여지며, 남용방지를 위해 회부요건·절차 등은 법률로 명시할 필요가 있다. 만일 직권중재제도가 폐지되고 최소업무 유지의무 제도가 도입된다면 항공운송산업이 그 대상업무에 반드시 포함되어야 한다.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.4
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• pp.466-472
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• 2021

This paper aims to guide experts who manage dementia by exploring the various non-drug interventions and analyzing the effective intervention methods applicable according to the functional level of the elderly with dementia. Fourteen studies were analyzed in this study. Meta-analysis was performed using the means, standard deviations, and the number of samples. Subsequent meta-analysis showed that the Holnis program had the largest effect size in cognitive function, the bakery activity program in memory, and the composite intermediation program with ADL was the largest. In addition, client-centric cognitive stimulation interventions showed the most significant effect sizes, while in depression and BPSD, rhythmic movement activities had the most significant effect size. Elderly with dementia exhibit various symptoms depending on their characteristics and the progress of the disease. Therefore, more efficient arbitration could be provided if the effects of each intervention can be applied differently.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.9
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• pp.498-508
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• 2020

This study was a descriptive research study performed to identify the degree and correlation of variables and also explain the factors that influence self-efficacy of diabetes management. The participants were 150 diabetes patients who visited a primary medical institution in K city in Korea from September 17, 2015, to October 15, 2015. The data were analyzed using descriptive statistics, t-tests, ANOVA, Pearson correlation coefficients, and multiple regression with SPSS 18.0. Significant differences in age and education were detected in self-efficacy of diabetes management according to general characteristics. The levels of self-management knowledge and diabetes management self-efficacy were shown to be positively correlated. The levels of diabetes management self-efficacy and distress as well as levels of self-management knowledge and distress were shown to be negatively correlated. The significant factors influencing diabetes management self-efficacy were distress and self-management knowledge. The results suggest that appropriate diabetes management self-efficacy programs should be provided in order to improve self-management knowledge and decrease distress in type 2 diabetes patients. This study provides basic data to promote the effective education and development of arbitration in order to enhance self-efficacy of diabetes management.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.