• Journal of Arbitration Studies
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• v.29 no.3
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• pp.121-140
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• 2019

First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.239-264
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• 2006

Globalization of business activities and the market is making intern ational movement of capital much freer. Therefore the introduction of global standard is inevitable. Each and every country has had its own standard which restrain free exchange and cause misunderstanding and conflict between countries. A country or a company which is not capable of meeting the global standard can not be accepted in the global market. Consequently, it will eventually be left behind. It is right to say that countries and companies should accept the global standard and abide by it to survive in the competitive global market. The following preface which was introduced in the international conference co_organised by BAC, FTCTC and Tsinghua University in May, 2004 shows a timely movement for the globalization of construction business. *B A C, Beijing Arbitration Commission *FTCTC, The FIDIC-Tsinghua-CNAEC Training Center *CNAEC, China National Association of Engineering Consultants Introduction, As arbitration becomes more and more popular in the ways of alternative disputes resolution all over the world, the BAC is devoted to promoting international arbitration in China. As FIDIC contracts constitute an accepted point of reference for international construction contract, the BAC, characteristic of construction projects, is willing to facilitate the FIDIC contracts as the referred construction contracts in China. In order to carry out its purposes, the BAC, together with FTCTC is going to convene for discussion of dispute resolution and arbitration of international construction projects. FIDIC, construction contract management guide, explains arbitration as the ultimate dispute resolution method. The detail of FIDIC will be suggested in this essay.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.343-365
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• 2003

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

• Korea Trade Review
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• v.46 no.5
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• pp.1-12
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• 2021

In 2009, Japanese government requires exporters to have individual export licenses for certain items and removes South Korea from White Countries. The export control and regulations are likely to be affected by political factors. This study aims to analyze Japan-South Korea trade dispute with a sequential game with incomplete information. The results show that Japan may apply trade regulations on Korea regardless of efficiency of Korea and the possibilities of regulations increases when political factors are important in its decision on export policy.

• 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.

• 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 Commerce and Information Review
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• v.8 no.1
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• pp.87-104
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• 2006

We are in an era of global business called one world market. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR. Few study, however, on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate Busan's trading companies' preference on the dispute resolution ways. Based on the results of my study, I suggest Busan's trading companies the following guidelines. First, Busan's trading companies should improve their negotiating power by using internet trade and problem solving ability through the establishment of claim information system. Second, They should write contract. Lastly, they should investigate their counterparty's credit.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.53-80
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• 2014

This article focuses on the Active Plan for Alternative Dispute Resolution(ADR) in financial Dispute. The financial consumers of Korea had suffered greatly from the IMF in 1997 and the global financial crisis in 2008, which also increased financial conflicts significantly. In particular, active financial transaction, due to the development of computer and financial techniques causes frequent consumer financial conflicts. It is beneficial to settle them for judicial economy through an alternative conflict arbitration system instead of lawsuit at the court. Many advanced countries settle financial conflicts through various ADR in their numerous financial conflicts. In the settlement of financial conflict, the ADR system, covering mediation and arbitration, is useful and appropriate. Each governmental institution has various conflict settlement organizations, and it is necessary to operate them effectively. In order to settle financial conflicts properly, it is necessary to study law on financial consumer protection, and it is also necessary to understand practical custom and practical knowledge and to systematize them. Further, it is important to manage financial conflict-related data, to accumulate professional experiences, and to prepare a financial conflict settlement system in order to introduce financial education earlier to the whole nation.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.183-211
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• 2006

DDA and FTA make global business environments more competitive. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR(Alternative Dispute Resolution). Thus, Korean Companies should be more concerned with ADR system and should utilize ADR to settle their dispute effectively and efficiently. However, ADR and KCAB isn't well recognized in Korea. So, the major purposes of this study are to expand the recognition of ADR and KCAB through SWOT Analysis of KCAB in Korea. Based on the results of my study, I suggest KCAB the following guidelines. First, KCAB work closely with the concerned research association as KSSA to make a guideline books of efficient dispute resolution. Second, KCAB improves their service quality and tries to utilizes various opportunity factors well. Meanwhile, Korean government assists KCAB with funds as well as improvement of dispute resolution system as the establishment of ADR Law. Consequently, to expand ADR in Korea, revolution of KCAB Staffs' consciousness and Korean government's assistance are very needed.

• The Journal of the Convergence on Culture Technology
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• v.9 no.2
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• pp.285-294
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• 2023

The trade dispute between China and the U.S. began before Corona and is easing at this time by bringing new changes to the pendemic, and the development of the Chinese manufacturing industry has increased interdependence between the U.S. and China. However, the overall global trade should be less than before pendemic, and Korea's response strategy should be made serious at this time.However, new changes are taking place again these days. With the recent outbreak of COVID-19 in Shanghai, China, new changes are expected to occur in China's industrial chain. As the Chinese government strictly creates quarantine figures for COVID-19, many factories and companies among industries are forced to close for a while. As economic globalization and division of labor continue to deepen, multinationals choose suppliers and industrial chains within the world to form a global supply chain structure to pursue cost minimization and profit maximization. China is an indispensable part. Whether it is China, the U.S. or Korea, it can be a risk and an opportunity now.