• Journal of Arbitration Studies
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• v.31 no.1
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.69-81
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• 2000

Under the co-sponsorship of UNIDROIT and I.C.A.O., a preliminary draft Convention on International Interests in Mobile Equipment and a preliminary draft Protocol on Matters Specific to Aircraft Equipment has been prepared. The purpose of the Convention is to provide for the creation and effect of a new international interest in mobile equipment. The Convention's approach is quite novel in that it purports to create an international interest based upon the convention itself. The Convention is intended to be supplemented by Protocols, each of is intended to provide equipment-specific rules necessary to adapt the rules of the Convention to fit the special pattern of financing for different categories of equipment. To date, two sessions of governmental experts were held in Rome and Montreal. Korean delegations attended the two sessions. One of the members of the Korean delegation published a report on the first session. He expressed his objection to the so called self-help remedy contemplated by the current preliminary draft of the Convention which enables the holder of a security interest to repossess and dispose of the subject of the security interest by private sale rather than public auction on the occurrence of an event of default of the debtor. His view is based upon his understanding that under Korean law, the only remedy available to the holder of a security interest in mobile equipment, such as an airplane, is to apply to the competent court for a public auction. In my view, his understanding is not quite correct and is inconsistent with the current practice in Korea. Under Korean law, the parties' agreement for private sale is in principle valid unless there is an interested party who has acquired a security interest after the creation of the prior security interest or a creditor who has caused the subject of the security interest to be attached by a competent court. In this article, I discuss the current Korean law and practice relating to the enforcement of security interests by private sale in more detail.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.52
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• pp.25-44
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• 2011

Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

• Journal of Environmental Policy
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• v.6 no.4
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• pp.103-127
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• 2007

This study presents the political economics models to explore the political landscape of special interest groups influencing the government's decision making process for implementing international environmental standard. Starting with the popular menu-auction types of lobbying frameworks in the literature, the study extends its scope of research to multi-principal and multi-agency based international interest group politics and its hybrid case in order to bring the interaction of the relevant interest politics to the fore. Within a specific factor model of international trade between 2 small open economies, we compare the political equilibrium environmental standards in different institutional frameworks which can be feasible in the sense of recently growing role of environmental interest group. Although the conventional finding suggests that cooperative bargaining between the two countries can attain the globally optimal level of the standard, the paper rather explains that the cooperation between the national interest groups and the hybrid case also generate the stricter standard then national interest politics usually do.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.3-25
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• 2006

This study focus on interest for arrears and filling of the gaps left in Article 78 of CISG. In the case of CISG, Article 78 provides for interest any time a payment under a contract is untimely, but does not specify a particular rate of interest or a method to determine such a rate. This issue did not cause any uncertainty under ULIS, the CISG's antecedent, since Article 83 of ULIS provided for 1%p above the official discount rate in the creditor's country. Lacking any CISG general principle as well as any indication by the very same CISG, one can only conclude that the matter must be deferred to the domestic rule of private international law. Actually, resorting to private international law is not only admissible, but expressly required by Article 7(2). In the interpretation and filling of the gaps left in Article 78, there is a considerable difference of opinion especially amongst commentators on whether the gap is a lacuna praeter legem, i.e., one being governed by, but not expressly settled in the CISG, or whether it is an issue falling outside the scope of application of the CISG, i.e. a lacuna intra legem. The protagonists of the former view lay emphasis on the overall objective of the CISG, namely to create a uniform law, whereas the supporters of the latter view refer to the legislative history of Article 78 as the dominant principle in interpreting Article 78. Some authors believe that the issue of determining the rate of interest is not dealt with by CISG and it is, therefore, governed by the applicable domestic law, which is the subsidiary law applicable to the sales contract, since "no special connecting points seem to have developed for the entitlement to interest." In the light of the relevant case law, it seems correct to conclude that the interest rate is not determined by CISG and that courts normally determine it according to their own rules of private international law. While CISG Article 78 expressly does not deal with this issue, PICC Article 7.4.9 and PECL Article 9.508, on the other hand, set forth a precise method for computing interest. Although a method like the one set by PICC may be useful and may encourage uniformity, it still cannot be used under the CISG. The PICC or PECL formula may, however, be a very good starting point in a de jure condendum analysis when a new Article 78 will be drafted, if an interest rate method will ever be embodied in the text of an international convention.

• Asian Journal for Public Opinion Research
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• v.3 no.4
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• pp.176-197
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• 2016

Despite being a key concept of International Relations theory, there is no consensus about what the national interest is. It is almost impossible for political leaders of democratic states to make a crucial decision in foreign policies when considering only the national interest without public support. Rather, we are unable to imagine the national interest without public opinion. In general, international crises galvanize people who held different opinions and unify social cleavages, such as secular-religious identities, into a nation that acts in its national interest. The author proposes a method to operationalize the key concept and describes a relationship between the national interest and religious identities in a democratic state. The selected case is the state of Israel. It is believed that Israel is a good example to think about the association between foreign affairs and political attitudes since it is characterized as a socio-religious divided society and has often waged war against Arab military forces.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.235-253
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• 2000

As to the sphere of application, Article 78 CISG undoubtedly applies to interest on the purchase price. Furthermore, the provision also applies to "any other sum that is in arrears". This language has been interpreted to encompass expenses that one party had on behalf of the other as well as reimbursements when the purchase price is reduced according to Article 50 CISG. However, it is questionable whether this language also extends to claims for damages. Legal scholars seem to agree that one has a right to interest on damage claims under Article 78 if the amount in question has been liquidated vis-a-vis the other party. Whether this right to interest also applies to unliquidated sums, is controversial, however. In this study, as a result of taking into account the puspose of Article 78, we could find the fact that regardless of whether the exact amount of damages has been specified yet, the breaching party still owes compensation to the other party from the time of the breach and, accordingly, the non-breaching party should be entitled to interest payments on the loss from that time. Consequently, Article 78 applies not only to liquidated but also to unliquidated damages.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.113-137
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• 2014

For a contract of insurance to be valid, the insured needs to have an insurable interest. This means that someone taking out insurance must stand to gain a benefit from the preservation of the subject matter of the insurance or to suffer a disadvantage should it be lost. Although the principle is simple, the detail is difficult. English Law Commission proposed some changes to provide certainty on the rule of insurable interest in LCCP 201. This article is, therefore, designed to examine the proposals for reforming trends in English insurance contract law. The proposals on Law Commission in summarized as following. First, LC proposed to retain the requirement for insurable interest because it was thought to fulfil four useful functions. Secondly, LC proposes to repeal the Marine Insurance Act 1788 and the Marine Insurance (Gambling Policies) Act 1909 to confirm that the requirement of insurable interest applies to all forms of insurance. Thirdly, LC proposes to retain the provisions on insurable interest in the Marine Insurance Act 1906. Finally, LC proposes to define insurable interest and thinks that full definition of insurable interest should remain flexible.

• Journal of Research and Publication Ethics
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• v.3 no.1
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• pp.1-5
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• 2022

Purpose: A conflict of interest is defined broadly as a scenario in which one's responsibilities and self-interest collide in a manner that has a significant probability of corrupting one's discernments, motivations, actions, desires, values, and judgments. This study aims to investigate various cases of conflict of interest. Research design, data and methodology: Our study used the preferred reporting items for systematic reviews and meta-analyses (PRISMA) to identify resources. The eligibility of selected prior studies thoroughly was investigated whether they are suitable for the topic of present study. Finally, we collected total 15 previous studies published between 2000 and 2021. Results: Research findings indicate that there are three main cases that might cause a conflict of interest and mandated research ethics education might provide researchers with the tools to identify and battle the temptations and biases provided by conflicts of interest. Researchers could likely be better prepared for conflicts of interest if they investigated the moral difficulties associated with them in advance. Conclusions: Researchers might evade deliberate or unconscious detriment of duties, and also objectivity loss because of the siren song of self-interest by escaping situations whereby they may be tempted to shirk their responsibilities, not to remark the hassles of unveiling conflicts.

• The Journal of Asian Finance, Economics and Business
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• v.3 no.3
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• pp.57-65
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• 2016

The purpose of this paper is to investigate the volatility of both Islamic and conventional stock market in Indonesia with the aim of identifying the most appropriate model for risk management practice. The study considers GARCH as a genre of model to measure the volatility of stock market movement. The results support the view that each model shows specific volatility from both Islamic and conventional stock market in Indonesia. In Islamic stock market, volatility is affected by exchange rate and money supply (M1) but not interest rate as interest is prohibited in Islam. However, interest rate is found as a principal factor that affects volatility of conventional stock market. The outcomes of this paper are of particular significance to policy makers, as it provides guidelines to maintain economic health. Furthermore, the findings may assist practitioners to understand the consequences of macroeconomic factors such as exchange rate, money supply and interest rate, which are very crucial for the market stability of Indonesian stock market. The paper enhances the understanding of stock market volatility and proposes guidelines risk management practices.