• 한국중재학회지:중재연구
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• 제33권3호
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• pp.3-30
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• 2023

This article provides an overview of the state of attorney-client related privilege and confidentiality in Korea. It reviews the statutory framework, and how Korean courts have analyzed the privilege and confidentiality related to attorneys and their clients. It then examines the legislative initiatives Korea is currently debating with regard to adopting a more common law-style attorney-client privilege (ACP). If adopted, the new legislation will mark a significant milestone in providing guidance on how communications between attorney and client will be treated. Its impact in the context of international arbitration practice and law related to Korea is explored.

• 한국중재학회지:중재연구
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• 제33권3호
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• pp.95-106
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• 2023

This informative piece delves into the intriguing and crucial history of third-party funding in Nigeria and its application in the Arbitration and Mediation Act of 2023. The article analyses the impact of this funding on cross-border transactions while addressing concerns about mandatory disclosure. The absence of remedies or sanctions for non-disclosure is also a matter of concern that warrants thoughtful examination. The article looks closer at the role of courts, tribunals, and arbitral institutions in addressing gaps in the Act. Ultimately, it presents a well-considered set of recommendations for moving forward. Overall, this piece provides a comprehensive and insightful look into the intricate world of third-party funding and its significance within the Nigerian legal system.

• 한국중재학회지:중재연구
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• 제33권3호
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• pp.107-128
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• 2023

International arbitration is a widely preferred alternative dispute resolution mechanism for many desirable characteristics, such as, party autonomy, procedural flexibility, ability of parties to select their arbitrators, as well as, finality of arbitral awards, among others. However, because arbitral tribunals derive their authority and jurisdiction from the parties' agreement(s) to arbitrate their dispute(s), arbitral tribunals lack coercive powers that national courts have. At times, arbitral tribunals have to deal with circumstances of non-production and/or spoliation of evidence, and due to the lack of coercive authority, it may be challenging to compel such recalcitrant parties to produce the relevant evidence and/or witnesses. Therefore, adverse inferences drawn against the recalcitrant parties may be the most effective sanctions. This article explores the sources of authority for arbitral tribunals to make such adverse inferences and argues for a precise set of rules or standard to be consistently applied by the arbitral tribunals in order to increase predictability in arbitral proceedings. Additionally, some of the critical issues when considering adverse inferences as sanctions are discussed.

• 한국중재학회지:중재연구
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• 제33권3호
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• pp.129-146
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• 2023

We construct a signaling game model between the arbitrator and claimants, in which the arbitrator's marketing amount is adopted as the signaling device. Assuming that the parties to the dispute select an arbitrator, and if there is a difference in the arbitrator's fee depending on the arbitrator's reputation, the arbitrator will pay to further enhance his reputation. We would like to analyze the cost differences between arbitrators who already have a high reputation and arbitrators who strive to further enhance their reputation using the signal model. From the Analysis of our study, We derive perfect Bayesian equilibrium of the signaling game and refine the equilibrium into a unique equilibrium by invoking the Intuitive Criterion of Cho and Kreps (1987). Further, we characterize the refined equilibrium.

• 한국식품영양과학회지
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• 제44권12호
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• pp.1799-1805
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• 2015

쌀식초(rice vinegar, RV)는 쌀, 찹쌀, 현미 등을 주원료로 발효되며, 쌀을 주식으로 하는 아시아 지역에서 조미료로 이용되어 왔다. 본 연구에서는 한국산(KRV1~4), 중국산(CRV1~2), 일본산(JRV1~4) 시판 천연발효 쌀식초 10종을 구입하여 이들의 품질을 비교하였다. 식초의 적정산도에 대한 나라별 기준은 한국(식품공전) 4~29%, 중국(GB) 3.5% 이상, 일본(JAS) 4.2% 이상으로 10종의 시료는 모두 이 기준을 만족하였고, KRV(5.07~6.27%)가 CRV(4.67~4.84%) 및 JRV(4.64~4.84%)에 비해 유의적으로 높은 값을 나타내었다. 쌀식초의 주요 유기산으로 acetic acid와 succinic acid를 포함한 6종이 분석되었고 유리아미노산으로 30종이 분석되었으며, 한국산의 경우 alanine, 중국산의 경우 phenylalanine과 aspartic acid, 일본산의 경우 leucine과 alanine이 주요 성분으로 확인되었다. 한편 생리활성물질인 ${\gamma}-aminobutyric$ acid는 KRV1에서 유의적으로 높게 분석되었다. 총 폴리페놀은 KRV1에서 가장 높은 함량을 나타내었고, 이 시료의 DPPH 및 ABTS 라디칼 소거 활성 또한 유의적으로 높게 확인되었다. 천연발효 쌀식초의 이화학적 품질은 원료의 종류 및 함량, 발효방법, 숙성 여부에 따라 차이를 나타내었고, 현미를 사용하여 1년 이상 정치발효 한 KRV1에서 가장 높은 아미노산 함량 및 항산화 활성이 확인되었다.

• 한국중재학회지:중재연구
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• 제27권1호
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• pp.107-129
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• 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.

• 한국중재학회지:중재연구
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• 제27권1호
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• pp.131-160
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• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• 한국중재학회지:중재연구
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• 제27권1호
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• pp.37-57
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• 2017

An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.23-42
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• 2020

The purpose of this study is to analyze the characteristics of Vietnam's arbitration system and to present measures that companies can utilize in practice. This research considers KCAB International Arbitration Rules, focusing on amendments to the Decree on Vietnam Commercial Arbitration Act and amendments to the VIAC Arbitration Rules. To sum up some features, the decree on the Commercial Arbitration Act simplified the registration procedures for arbitration centers and their branches and made the publication of court decisions and the recognition of the approval and execution of foreign arbitration courts, thereby enhancing transparency. First of all, the decree on the Commercial Arbitration Act simplified registration procedures for arbitration centers and their branches. In addition, the court strengthened transparency by officially announcing court judgments, recognition, and decisions. Next, there are some points to note in the arbitration rules of the VIAC. First of all, the rules of expedited procedure lack clarity. Next, parties should make a separate document for counterclaim and submit it with a statement of defense. In addition, the arbitral language may choose multiple languages by the Arbitral Tribunal unless the parties agree. Therefore, companies need to take a closer look at their understanding of the international arbitration system, which is mainly used in international disputes, and the characteristics of the Vietnamese arbitration system.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.145-164
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• 2020

With the development of the Internet, e-commerce is rapidly developing, and e-commerce through the Internet has become a major distribution channel for selling products and services to consumers and buyers. However, as Internet shopping develops, consumer dissatisfaction and conflict are increasing. In this regard, this study examined how consumer dissatisfaction caused by using an Internet shopping mall, which is currently taking the core position in commerce activities, leads to consumer complaints, and how these complaints affect the necessity and intention to use the arbitration system. As a result of the study, the following implications were obtained. First, it will be necessary to remove the root cause of consumer complaints by continuously monitoring consumer complaints, rather than staying at passive consumer complaints such as defective product exchange and damage compensation for dissatisfaction with Internet shopping malls. Second, it can be said that the function of the arbitration system is required to protect the rights and interests of consumers using the Internet shopping mall and to actively improve the problems in the event of a damage situation or a problem situation. Lastly, academia's continuous research will be needed, and governments and related organizations will need to continuously provide and promote information to users of Internet shopping malls.