• Journal of Arbitration Studies
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• v.32 no.2
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• pp.55-83
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• 2022

The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.3-24
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• 2022

Today's society appears to be entering a hyper-connected society due to mental notions and information communication technologies being converged for advanced development. Trade between countries around the world is increasing amidst the digital economy and fourth industrial revolution, which is being accompanied by a growing number of trade disputes. Appropriately resolving disputes is crucial for corporate growth, and ADR is drawing attention as a more reasonable solution between interested parties compared to lawsuits. This also applies to international trade as there is growing movements to resolve disputes between parties more efficiently and feasibly through mediation. The adaptation of an international convention for implementation in a third country for settlement agreements drawn up through such international mediation is a new and unprecedented attempt. In other words, the Singapore Convention on Mediation looks to resolve international commercial disputes by granting executive force on the outcomes of mediations. However, a system to solve various legal issues must be put into place to execute the outcomes in the respective country or third country, and a variety of tools for this are necessary.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.19-47
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• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.

• International Commerce and Information Review
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• v.12 no.4
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• pp.479-508
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• 2010

Korea is leading in G20 summit beginning in 2011 and the 19th United Nations World Tourism Organization(UNWTO) to attract international conferences and meetings. The interests on MICE have been increasing. The MICE, from the mid-l990s, was launched in Singapore in terms of the convention industry leader in Asia, stands for corporate a generic term of Meeting, tourism award Incentive, Convention, and Exhibition. The MICE has been showing many good results as a golden industry such that no pollution has occurred and the effect is very large invisible value can be created because most of the participants in international conference are opinion leaders in each country and they can be Korea brand promoters in their home country after attending the conference and returning to. Korea has been ranked at the world's 11th most-popular destination for international business meetings, confirming its world-class reputation for business events. Korea cities also featured highly on the list. Seoul was ranked seventh globally, while Busan jumped to sixth in Asia and Jeju came in at number eight. Changwon, Daegu, Daejeon, Gyeongju and Gwangju also made their debuts on the Asian list. Consequently, the economic & political effects of MICE industry were investigated and accordingly the revitalization of the global MICE bureau was discussed.

• Journal of Institute of Control, Robotics and Systems
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• v.21 no.3
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• pp.250-256
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• 2015

We present a novel method to model the body posture of a worm for vision-based automatic monitoring and analysis. The worm considered in this study is a Caenorhabditis elegans (C. elegans), which is popularly used for research in biological science and engineering. We model the posture by an open chain of a few curved or rigid line segments, in contrast to previously published approaches wherein a large number of small rigid elements are connected for the modeling. Each link segment is represented by only two parameters: an arc angle and an arc length for a curved segment, or an orientation angle and a link length for a straight line segment. Links in the proposed method can be readily related using the Denavit-Hartenberg convention due to similarities to the kinematics of an articulated manipulator. Our method was tested with real worm images, and accurate results were obtained.

• Korea Trade Review
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• v.45 no.1
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• pp.31-45
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• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• Journal of the Korean association of regional geographers
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• v.2 no.2
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• pp.133-157
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• 1996

Recently, international convention competition has greatly expanded with the globalization and expand of world economy. As the conventions market has grown, so have the number of places and facilities of convention competing for business, and numerous trade show and the related meetings held the several cities toward world city such as the United States, Europeans Countries, Japan, and Singapore. Convention, in general, are defined as an assembly, often periodical, of members or delegates, as a political, social, professional or religious group. Convention center means the place that hold several social, political, economic conferences and meetings, trade show, exhibitions, and events. Convention center are consisted the several facilities such as meeting room, exhibition hall, event hall. Historically, meetings, conventions, and trade show have been serviced primarily by hotel and convention centers. With the expand of world trade and flow in recent, the conventions, expositions, and meetings industry (CEMI), however, is one of the most rapidly growing industries in hospitality and tourism, and CEMI provides import effect on regional economy and regional development including regional tourism industry. This study focuses on the establishment strategies and location analysis of convention center as a agent for regional development in a case of Yosu Peninsular Area (YPA). YPA is one of the major industrial area of our country, and displays the rapid regional urbanization and social change with the construction such as Kwangyang container port facilities, Yulchon industrial complex, and the extension planning of industrial estate related to Kwangyang Iron and Steel Company, and population size of this area will be reached about two million peoples in 2011. This area, particularly, will be functioned as a major container & export port of our country after the completion of Kwangyang container port facilities in 1988. If the planned industrial estate is constructed, the convention center for conference exhibition, information exchange, and resort facilities for exhibition, international communication will be needed. In addition, resort and leisure facilities for conventions' participants need. This area, therefore, has to make the establishment of convention center for regional development in future. Thus, the major strategies and idea for establishment of convention center as follows: first, this area has requirements for resort convention center, because this area will be functioned as a major export port and industrial district in 21 century; second, in the location analysis of convention center site, Sinwol & Woongchon district, Soho district, and Yongju & Hodu district are selected as developing possible sites; third, the convention center of this area has to consist of two functions such as convention facilities and marine resort facilities; fourth, in order to establish convention center, the selection of main group, financial raising strategies, and the organization of propulsion committee for establishment of convention center are required.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.91-120
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• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).