• Journal of Arbitration Studies
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• v.20 no.3
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• pp.71-91
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• 2010

ADR is alternative dispute resolution that includes mediation, adjudication, arbitration, conciliation and ombudsman schemes. ADR may be an alternative to going to court or to a tribunal. The main types of ADR are conciliation, arbitration or mediation and ADR is divided into national leading ADR and private lading ADR and national leading ADR includes court-annexed ADR and administrative ADR. Court-annexed ADR has become a well established feature of the judicial systems on a global basis. The bulk of court-annexed ADR in Glove is by way of mediation. Thus each nation takes part in ADR by court involvement and Enactment of ADR-related Laws. And the involvement of nations have both the regulative character and promotive character in ADR. In addition to the national leading ADR, the private leading ADR also must be activated as United Kingdom. Thus this paper deals with national leading ADR and private leading ADR and the purpose of this paper is to contribute to the activation of ADR by studying the promotion and limited the involvement of nation in ADR and private leading ADR in United Kingdom.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.115-131
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• 2017

The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.19-47
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• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.

• Korean journal of communication and information
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• v.35
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• pp.7-35
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• 2006

As neoliberal Globalization is reinforced, the debating of international stage about cultural market is heated up. People who insist market opening claim that cultural product has to be handled in condition such as other goods. However, the dissenter of cultural market-opening assert 'cultural exception' in goods trade because culture affects in individual and community consciousness and identity. The dispute encompassing cultural market raise the concept of Global Governance which presents theoretical frame about international society's decision-making and administration. Thus, this article explore international norms which encompass cultural market and its stakeholder through Global Governance frame. Specifically, first, this article review the theory of Global Governance. Second, this article examine international norms such as WTO, GATT, GATS, and also study its opponent who advocate 'cultural diversity'. Consequently, this article argue that the debating and conflict about cultural market should be resolved, not by hegemony state, by Global Governance frame which all stakeholder take part in.

• Korea Trade Review
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• v.43 no.4
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• pp.219-245
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• 2018

Recently Korea affected by the US and China trade wars, has been stagnant in the global trade market. However, the global e-commerce market is growing and emerging with new trade opportunity. The purpose of this study is to derive factors of the execution of cross border electronic commerce in the global e-commerce market and to grasp the effects of these factors on firm performance and ultimately to provide policy implications for export expansion. For this purpose, we conducted a literature review to derive the factors for firm performance in the global e-commerce market. Subsequently, conceptual research model and research hypotheses were estabilished, and empirical analysis was conducted through questionnaires. As a result of the empirical analysis, trust and ICT capability have a positive effect on firm performance, and the impact of trust on firm performance depends on the level of dispute settlement. However, ICT capability does not affect firm performance. This study differs from previous studies in that it considered global e-commerce from the perspective of the enterprise and examined factors for firm performance.

• Korea Trade Review
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• v.46 no.2
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• pp.141-160
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• 2021

The scale of global FDI has been decreasing since 2016 due to the ongoing US-China trade dispute, the strengthening of FDI inflow screening regulations with concern over strategic technology leaks, and the spread of reshoring trends due to the reinforcement of national preferences. Eventually, the competition to attract FDI between countries is expected to become more intense. Therefore, in order to attract high-quality FDI for Korea that will contribute to the development of the national economy, it is pressing to evaluate and improve the domestic FDI attraction environment. This study aims to analyze which areas of Korea's economic and non-economic environments need improvement for gaining advantage amid the fierce competition to attract FDI between countries, by the relative comparison between Korea and the U.S., and based on the ranking indicated in key FDI attractiveness indices. As a result, improvement is needed in the following areas. First, according to IMD's "World Competitiveness Ranking 2020," Korea was inferior to the US in terms of business efficiency, productivity, finance and business legislation in terms of government efficiency. Second, according to INSEAD's "Global Talent Competitiveness Index 2020," Korea was inferior to the US in terms of internal openness, external openness, employability, lifelong learning, access to growth opportunity, and business and labor landscapes. Third, according to WEF's "Global Competitiveness Index 2019", Korea was inferior to the US in terms of product market, labor market, business dynamism and workforce skills.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.111-128
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• 2016

Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.