• 통상정보연구
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• 제18권4호
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• pp.221-262
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• 2016

최근 베트남은 한국의 3대 교역국으로 부상하고 있다. 우리나라는 베트남과 교역규모가 크게 신장하고 있으며, 베트남에 대한 해외직접투자 역시 증가하고 있다. 한국과 베트남의 교역이 신장됨에 따라서 우리나라 기업과 베트남 기업 간의 분쟁 역시 증가할 소지가 크다. 본 연구는 첫째, 베트남의 문화와 제도적 특징을 분석하고자 한다. 둘째, 베트남의 고유한 분쟁해결방식 및 분쟁해결문화를 연구한다. 셋째, 베트남인과의 비즈니스에 있어서 협상전략을 연구한다. 지역연구방법론을 활용하여 연구한 결과 베트남은 여성 및 명예중시문화, 집단주의 문화적 특징을 보이는 것으로 나타났다. 베트남은 협상전략에 있어서 반띤 시스템 등, 중개인을 활용하는 간접적 의사소통방식을 선호하며, 합의에 의한 의사결정, 장기적 협상방식, ADR을 통한 분쟁해결 및 서면합의를 중시하고 있는 것으로 나타나고 있다.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• 통상정보연구
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• 제9권1호
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• pp.451-465
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• 2007

It is true that every country which includes the developing country has planned own economic development through government subsidies. Korea also has developed their some major industry through supporting government subsidies. Under the WTO structure, however, government's specific supports for export firms come under prohibited subsidy and subsidy supporting must be based on WTO ASCM(Agreement on Subsidies and Countervailing Measures). The purpose of this paper was to study on the WTO ASCM and to analyze cases on the shipbuilding and Hynix DRAM dispute which Korean concerned major subsidy issue. Korea has been undergoing subsidy dispute with EU and U.S.A. concerned matter of shipbuilding and Hynix DRAM respectively. From this research results were as follow : First of all, the WTO ASCM introduced a definition of subsidy and divided subsidies into three categories and was legally bound through dispute settlement mechanism and implemented by all WTO members. Also, through analyzing cases, results were indicated that Korea wins a lawsuit against the matter of shipbuilding subsidy whereas losing the lawsuit against the matter of DRAM subsidy. It means that the case of shipbuilding subsidy do not violation WTO ASCM and the case of Hynix DARAM is against WTO ASCM. Additionally, as we see the dispute cases concerned Korean industry, it is necessary that government should operate subsidies which were provided for certain governmental policy as consisted with WTO ASCM.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.61-101
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• 2004

Information and communications technologies are affecting an economic and social transformation of all countries. Without exception international commercial dispute resolution systems are faced with change its mechanism to online technology. Dispute parties can seek redress through arbitration other than litigation or mediation. Traditional dispute resolutions do not match the cyber trade environment which is basically pursuit the speed and efficiency in cyberspace. Arbitration other than resolution methods have been considered to be match with the online environment which is including party autonomy, speed and internationally accepted and binding awards. Traditional arbitration, however is lack of time and different physical location relating all parties. So we now think cyberspace as for the resolving place which is online arbitration. Even the parties exist in different space and time they may meet in the same time and space without moving or trips. Nowadays there are many online arbitration service provider serving the resolution of dispute arising with online transaction. In this paper we study the tendency for online arbitration, the recognize uncertain matters and avoiding programs its matters when use the online arbitration between disputing parties under cyber trade environment.

• 통상정보연구
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• 제5권1호
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• pp.137-158
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• 2003

The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.87-111
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• 2020

Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

• 무역상무연구
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• 제13권
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• pp.911-932
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• 2000

On increasing a computer network, internet usage, it has been created for Electronic Commerce to place a cyberspace. This cyberspace is limited to apply for contemporary usage and law because it have distinct characters now. Therefore, it is predicted that dispute will be happened in these cyberspaces. This article examines the disputes cases related the computer network intermediary's liability and studies a reasonable improvement ways for developing Electronic Commerce. It has been limited to apply the usage and law the network which can be happened a dispute and has not involved usage and law using computer network yet. Therefore, we should make a self-regulation each other who use network and improved the usage and law involved the network through these methods. We should also establish Alternative Dispute Resolution and try to settle dispute in the cyberspace

• 무역상무연구
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• 제26권
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• pp.225-253
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• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

• 무역상무연구
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• 제57권
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• pp.3-34
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• 2013

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.137-167
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• 2020

As arbitration is widely used as an alternative dispute resolution mechanism, third-party funding, which is a person or entity with no prior interest in the legal dispute providing non-recourse financing for one of the parties, has become more prevalent with increasing costs of international arbitration. In particular, Hong Kong and Singapore are the first jurisdictions to adopt and implement legislations to specifically permit third-party funding of international arbitration. Thus, in this article, relevant issues with respect to third-party funding of arbitration, such as, conflicts of interest, disclosure, privilege and confidentiality of information, cost allocation, security for costs, and control over arbitral proceedings by the third-party funder are examined with pertinent provisions of the recent legislations. While the respective legislations of Hong Kong and Singapore may not directly address every issue raised by third-party funding of arbitration, as they make it clear that such is no longer prohibited by the old common law doctrines of champerty and maintenance, they have clarified conflicting case law as well as proactively promoted themselves as leading seats of international arbitration.