• Journal of Arbitration Studies
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• v.18 no.1
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• pp.3-30
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• 2008

This paper is to research the current status of ADR in Korea, the qualifications of mediator (or conciliator) and arbitrator, the ADR education program of major foreign arbitration-related institutions and the efficient management device of ADR education program for the activation of the ADR system. In 2007, arbitration applications received at the Korean Commercial Arbitration Board numbered 320 and the amount involved those cases was US$ 216 millions. Mediation applications received at the KCAB numbered 552 and the amount involved those cases US$ 29millions. As of December 2007, the total numbers of arbitrators on the KCAB Panel of Arbitrators was 978. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Act of Korea. The KCAB has the consolidation regulation of the Panel of Arbitrator of which purpose is to regulate the criteria and procedure regarding the drawing up and maintenance of the panel of arbitrators. The UK Chartered Institute of Arbitrators has the criteria and qualifications for membership of which three grades are associate, member and fellow. The American Arbitration Association has the qualification criteria for admittance to the AAA National Roster of Arbitrators and Mediators. The Japan Association of Arbitrators has the official authorization regulation for membership of which three grades are special associate, ordinary associate and fellow. The UK Chartered Institute of Arbitrators has the ADR education programs which are composed of the mediation courses and arbitration courses. The American arbitrators Association has the ADR education programs which are composed of in-person training and online training. The Japan Association of Arbitrators has the ADR education programs which are composed of the cultivation courses of conciliator and the practical training courses of arbitrator. The efficient management devices of ADR education program are as follows: the execution of official authorization system of arbitrator, the establishment of specialized division for training and official authorization, the establishment of ADR regular training courses, the publication of ADR training texts and obtaining of instructors, and the consolidation of regulations related to the official authorization of arbitrator and ADR training. In conclusion, for the activation of ADR system, the KCAB and Korean Association of Arbitrators should make further effort to provide the ADR regular education and training programs for potential and practicing conciliators and arbitrators.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.107-119
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• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.323-365
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• 1999

The digital revolution is happening much more quickly and Internet Commerce and Electronic Commerce is having a profound influence on the global trade and internal commerce, revolutionize the way of doing business, especially retail and direct marketing. Owing to Internet, an increasing share of business transactions occurs online. Electronic payment is essential for the smooth progress of the electronic commerce as electronic payment plays the important role in the electronic commerce, that is, the value transfer resulting from the electronic commerce. So far, there have not been a considerable emphasis on the risks residing in the electronic payment and money. So, this paper deals with the risks in the electronic payment and money, in particular technical risks and social risks, and the reliability-increasing schemes to prevent the risks in the electronic payment. The reliability-increasing schemes relate to the security of the electronic payment systems and certification authority and key management, transaction rules between the parties concerned in the electronic payment.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.99-119
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• 2019

In recent times, the volume of cross-border e-commerce has witnessed an upward trend and has been accompanied by increased disputes, with cross-border e-commerce being characterized mainly by low value and large volume issues. For this reason, Online Dispute Resolution (ODR) was formed to carry out dispute resolutions in cross-border e-commerce. A virtual multi-door ODR platform for small value, cross-border disputes in e-commerce is then proposed in this paper. For a couple of decades, researchers have tried to employ Artificial Intelligence (AI) to Law. However, it turns out that they were faced with a couple of obstacles to integrate AI to Law since it is highly difficult to program AI to process the common sense of a human being. For example, AI cannot assimilate the affective side of a human being, and it is problematic to integrate a human being's common sense into the AI system. Considering this situation, this study puts forward an ODR model for cross-border e-commerce in the evolutionary perspective.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.123-169
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• 2002

The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.185-220
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• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.89-110
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• 2018

The purposes of this study are as follows: First, this study reviews the Online Dispute Resolution (ODR) regulations of the EU to resolve disputes which can arise in international e-commerce in the future. Second, this study tries to seek out alternative solutions to dispute resolutions based on these regulations. Third, this study increases the efficiency of the transactions by proposing effective and satisfactory dispute resolution methods for international e-commerce. First, this study reviews the concept of cross-border e-commerce, generally explores ODR, and creates comparisons with Alternative Dispute Resolution (ADR). Subsequently, this study looks into domestic ODR system and analyzes the regulations of EU ODR. This study suggests the implications of the European ODR regulations in the conclusion. The EU ODR platform is considered greatly significant in that it has increased the possibility of settlements in small disputes by enhancing consumers' accessibility to ADR procedures. Therefore, this thesis proposes a method for Korean companies to resolve disputes that may arise in e-commerce with EU by using the ODR platform. As a result, it is expected to increase the competitiveness of Korean companies in the EU market. Both legislative trends related to the ODR of the EU and establishment of the EU ODR platform have significant implications for Korean businesses in Europe. This study is expected to be useful for our businesses in the EU in reviewing the applicability of the EU ODR regulations and the dispute settlement procedures through the EU ODR platform. In addition, this study is expected to prove useful in relation to consumer protection by enhancing consumers' accessibility to dispute settlement institutions in domestic electronic commerce.