• Title/Summary/Keyword: Legal Issues

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A draft instrument on the international carriage of goods and the outstanding issues (유엔 국제화물 운송협약(초안)과 주요 쟁점 연구)

  • Choi, Jae-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.223-247
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    • 2004

  • United Nations Commission on International Trade Law(hereinafter"UNCITRAL"), the core legal body of the United Nations system in the field of international trade law, is currently in the process of preparing a draft instrument on the international carriage of goods. In order to facilitate and prompt for new draft instrument, Working Group Ⅲ was established under the auspicious of UNCITRAL in 2002. Working Group, which was composed of all member countries of UNCITRAL, considered the text of preliminary draft instrument on the carriage of goods by sea. According to the Working Group's report, this new convention deals with issues relating to the international ocean carriage of goods such as the scope of application, the period of responsibility of the carrier, liability of the carrier, obligations of the shipper and transport documents including electronic records. In the course of the second reading, however, there are lots of outstanding issues to deliberate and consider for formulating new version of the ocean cargo liability convention. One of the substantial issues is the snail's pace of progress in last sessions. Therefore legal adviser and industry representatives assume the next UNCITRAL meeting, in Vienna, Nov. 29-Dec. 10, would be more critical to complete the convention.

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A Study on Legal Issues and Arbitration Appropriateness with Exclusive Contract of Entertainment Management (연예인 전속매니지먼트계약의 법적 쟁점과 중재적합성에 관한 연구)

  • Choi, Seung-Soo;Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.49-72
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    • 2009

  • Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

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