• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.73-90
• /
• 2017

After the conclusion of the $18^{th}$ CPCNationalCongress, the Shanghai Free Trade Zone was established, and the One Belt One Road Initiative was brought up. These measures accelerate the development of international commercial activities as related disputes grow in variety and quantity. To better settle international commercial disputes and increase the influence of China in this area, this article reviews and analyzes the development of international commercial arbitration in China. In the conclusion part, it gives suggestions for international commercial arbitration in China in order to improve and accelerate the further development of international commercial arbitration in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.79-104
• /
• 2010

The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.

• Journal of Arbitration Studies
• /
• v.25 no.4
• /
• pp.25-49
• /
• 2015

That the arbitration will begin with an arbitrator to be done by the arbitrator is not too much to say. The arbitrator shall have a decisive influence on the outcome of an arbitration in any arbitral right to award arbitration. As demonstrated in sayings like "Good arbitration is a good arbitrator" and "Arbitration is as arbitrator", professionalism and fairness are the basis for the arbitration procedure. Parties qualifications and authority of the arbitrator shall be a dispute-resolution process, requiring special attention and special care because the careful review of the arbitration award itself exerts a significant influence on the selection of an arbitrator. Therefore, this paper, first, analyzes the meaning of international arbitrators as a general overview of international arbitrators, qualifications, etc. and looks for focuses of the role. Next, the purpose of this paper is to seek ways to expand trade and international arbitration institutions in international transactions by examining training plans such as for international arbitrators.

• Journal of Korea Technology Innovation Society
• /
• v.11 no.1
• /
• pp.23-45
• /
• 2008

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. There is a high possibility that aggressive patent policy and black box strategy of Japanese enterprise can be a burden to Korean enterprises. Thus, a policy should be established against the technology protectionism. The policy can be based on a strategy about international cooperation policy of KIPO and strategy against infringement of overseas intellectual property rights. Of course, collaboration and cooperation will be activated among the advanced countries including technical cooperation. However, a systematic strategy of intellectual property rights should be focused on international cooperation and countermeasure against infringement of overseas intellectual property rights because national interest takes precedence over any other interest especially in case of strategically owing industry. A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, construct confidence as social capital etc. Enterprises have to maintain no Patent no Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of patent pool, strive for specialization regarding technical transfer and license management.

• International Commerce and Information Review
• /
• v.19 no.1
• /
• pp.155-187
• /
• 2017

In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.60
• /
• pp.79-106
• /
• 2013

The world is significant increasing investment volume into developing countries from foreign investors. Foreign financial capital is searching in interesting place among the emerging market. However foreign investors put still their experience in the economical and social crisis with political risks in the host countries. MIGA entered into the political risks insurance market which has one of the basic matter of sponsored the private investment guarantee programs. They put guarantee or covering risks of currency inconvertibility, expropriation, breach of contract and political violence. In the case contracts of guarantee concluded between investor and MIGA which are disputes in relation to such MIGA service contract, it should be settled by negotiation, conciliation and arbitration under the convention establishing the Multilateral Investment Guarantee Agency(MIGA). All disputes within the scope to states and investor of MIGA members shall be settled in accordance with the procedure set out in the convention. Recently, MIGA is opening the office in Seoul to strengthen joint efforts between MIGA and Korea. It will be a good chance to consider sustainable improvement and dispute solutions for emerging countries in foreign investment to the korean investors.

• Journal of Arbitration Studies
• /
• v.27 no.1
• /
• pp.107-129
• /
• 2017

Arbitration has grown a unique resolving method for international commercial disputes. However, it has considered a similar court process, such as interim relief, during arbitration proceedings. Further, it would be asked for urgent measures before the arbitrators are constituted in the proceedings. In this case, the disputing party has to apply in the court. This is an unattractive factor in international arbitration; therefore, some institutions are trying to reform such an inconvenient system by adopting the emergency arbitrator. The purpose of this study is to look into ways of utilizing the emergency arbitrator for effective dispute resolution in shipbuilding and shipping industries. The emergency arbitrator needs to solve problems such as making a decision on leaving cargos in the ship, matters involving a ship arrest, or issues regarding vessels under construction. In order to utilize the emergency arbitrator system, it needs to make a close partnership with related institutions, prepare Korean-style standard shipbuilding and shipping contracts, and provide training programs for new emergency arbitrators and staff of institutions. Next, the arbitration institution has to have a great working relationship with a court. Finally, it should try to implement a new system, such as on-line service, for the procedures of the emergency arbitrator.

• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.239-257
• /
• 2011

This article examines the requirements of Article 37 of the ICDR International Arbitration Rules and issues that could arise if a party petitions a U.S. Federal Court to enforce an emergency arbitrator's Article 37 decision to grant pre-arbitration provisional relief. On May 1, 2006, ICDR introduced a new procedure for the granting of emergency arbitral relief under its ICDR Rules. The procedure enables a party to apply for emergency interim relief before the appointment of an arbitrator or tribunal to adjudicate the merits of the dispute. Instead, the application for emergency relief is considered by an emergency arbitrator appointed by the ICDR. In short, the ICDR has quickly appointed emergency arbitrator and resolved a challenge to an appointment within 36 hours. In addition, the emergency decisions have been issued within just a couple of weeks. In particular, we looked at what would happen after Article 37 emergency relief is granted. Based on my examination of U.S. cases on the enforceability of interim awards and orders, We conclude that U.S. courts would enforce Article 37 interim measures, whether they are characterized by the emergency arbitrator as an interim order or award. Where the situation warrants, arbitration executives should embrace and use emergency relief procedure of ICDR Rules.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.321-351
• /
• 2004

According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.

• Journal of Arbitration Studies
• /
• v.33 no.4
• /
• pp.69-87
• /
• 2023

This study recognizes that consumers are becoming important as a subject of commerce as they change from the existing e-commerce market to the consumer-led e-commerce market, and proposes the use of consumer intervention as a remedy for consumer damage in international e-commerce disputes. In Korea, there is no separate regulation on consumer arbitration, so we will analyze the U.S. arbitration judgment, which is the most active in consumer arbitration, and examine it through the U.S. arbitration judgment so that arbitration can become active as a remedy for consumer disputes in Korea. In summary, in the event of a dispute between consumers and companies through e-commerce, consumers' preference for arbitration was confirmed through repeated collection of opinions without coercion. It is necessary to revitalize arbitration in Korea to protect consumers through arbitration rather than litigation and to resolve disputes through active alternative dispute resolution as a solution to disputes in e-commerce, which is rapidly increasing through U.S. consumer arbitration cases. The topic of the activation of arbitration has been mentioned a lot before, but the preference for arbitration is still lower than that of litigation. However, from now on, as the appearance of existing commerce has changed to consumer-led e-commerce, it has proposed a plan to use arbitration to rescue consumers from damage as consumers as buyers grow in the market.