• Title/Summary/Keyword: foreign country

Search Result 1,305, Processing Time 0.024 seconds

Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
    • /
    • v.20 no.3
    • /
    • pp.25-46
    • /
    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

  • PDF

Expatriate Staffing and Foreign Affiliate's Labor Productivity: Contingent on Foreign Production Intensity and Cultural Distance

  • Lee, Seungrae;Kim, MinChung
    • Journal of Korea Trade
    • /
    • v.25 no.1
    • /
    • pp.133-151
    • /
    • 2021
  • Purpose - This study examines the effects of expatriate transfer on foreign affiliate's labor productivity. Design/methodology - Using Korean-owned foreign affiliate-level data, we estimate the effect of expatriate transfer on foreign affiliate's labor productivity using the system generalized method of moments model. We also consider foreign affiliate- and host country-specific contingencies and test how they are associated with expatriates in enhancing foreign affiliate's labor productivity. Findings - We consider foreign production intensity and cultural distance between the home (i.e., South Korea) and host countries as key contingencies that influence the effect of expatriates on foreign affiliate's labor productivity. We find that expatriates are effective in enhancing the labor productivity of less production-intensive foreign affiliates. This effect is strengthened as expatriates are deployed to countries that share cultural similarities with the home country. Originality/value - Considering that previous studies provide mixed results on the effect of expatriates, our findings suggest that foreign affiliate-specific operational orientation and cultural distance should be considered jointly to understand the true effect of expatriate staffing on foreign affiliate performance.

The Effect of Consumer Affinity and Country Image Toward Willingness to Buy

  • Halim, Rizal Edy;Zulkarnain, Elszuary Abrar Uzi
    • Journal of Distribution Science
    • /
    • v.15 no.4
    • /
    • pp.15-23
    • /
    • 2017
  • Purpose - This research aims to determine whether the consumer affinity and ethnocentrism as well as the image of a foreign country (Japanese product as the most popular product in Indonesia) are able to influence behavior related to the perceived risk and willingness to buy foreign products from the affinity country. Research design, data, and methodology - Using survey techniques with 164 respondents, the study uses structural equation model with confirmatory factor analysis (CFA). To ensure the research objective and appropriate respondent, then we select an individual who have interest on Japanese culture & language. The primary and secondary data used in this study. Primary data refers to information collected directly from respondent by questionnaires dissemination while secondary data is provided from well-established literatures. Results - The results show us that the ethnocentrism has dominant affection role compared to affinity in order to influence consumer behavior meanwhile, the product country image has cognition role to evoke consumer desire to consume foreign products. Conclusions - From a theoretical perspective, the study contributes to international marketing literature by refining the conceptualization of the consumer affinity construct and highlighting its multidimensional nature. The consumer affinity research need to enrich in term of the context and the different culture and situation.

A Meta Analysis on Decision Factors of a Foreign Market Entry Strategy - International Company Cooperation vs. Wholly-Owned Subsidiary - (다국적기업의 해외시장진입유형 결정요소에 관한 메타분석 - 국제기업협력 vs 100% 투자 -)

  • Cho, Sung-Hyun;Choi, Sun
    • International Commerce and Information Review
    • /
    • v.11 no.1
    • /
    • pp.485-515
    • /
    • 2009
  • In this study aims to research and analyze what are decision factors between a wholly-owned subsidiary and a international company cooperation in the internationalization process. From 57 primary studies found 26 observed variables for aggregation of effect size in the using "Fixed Effect Model" on this mata-analysis. The article also links the theories that are used in the literature, not considered in the most of primary studies, to the empirical results and recommends global management strategy which is needed for business practical affairs. According to the result, the meta-analysis suggests that the number of employees of a MNC, the geological and cultural differneces between the host country and home country, the country-specific international experience of the MNC and export intensity, the international product diversification, the market growth and the market size of the foreign operations, and resource intensity of the foreign operations, the legal restrictions in the host country and the country risk of the home country do exert a significant effect on the decision between cooperative arrangement and a wholly-owned subsidiary. Conversely, for a large number of variables, no significant relationship seems to exist based on the combined results. This is the case, for example, for factor specificity, the r&d-intensity, the subsidiary size, the assets of the MNC and the sales volume of the MNC.

  • PDF

Consumer Shopping Orientation toward Foreign Brands (Part II) - in the context of clothing involvement, ethnocentrism and country-of-origin effects - (외국상표 의류에 대한 소비자 쇼핑성향 연구(제2보) -의복관여, 자민족중심주의, 원산지효과와의 관련을 중심으로-)

  • 안소현;이경희
    • Journal of the Korean Society of Clothing and Textiles
    • /
    • v.21 no.4
    • /
    • pp.699-709
    • /
    • 1997
  • The purpose of this study is to investigate consumer shopping orientation toward foreign brands in the context of clothing involvement, ethnocentrism, country-of-origin effects and demograpic variables. Prior to this paper, shopping orientation was studied in connection with ethnocentrism and country-of-origin effects. The questionnaire was distributed to 300 female consumers over twenty years old living in Pusan area and finally 213 data serfs were used for statistical analysis. By factor analysis, 6 clothing involvement factors were identified; fashion interest, symbolism, pleasure interest, inclination to harmony, aesthetic expression and perceived risk. A result of canonical correlation analysis about shopping orientation factors and clothing involvement factors is as follows. Two shopping orientation factors (follow to foreign brands and country-of-orion consciousness) positively correlate with three clothing involvement factors (fashion interest, symbolism and pleasure interest) , and two shopping orientation factors (preference to domestics and country-of-orion consciousness) positively correlate with author clohting involvement factor (percived risk). Anocova procedure revealed that five shopping orientation factors were related to clothing involvement factors, groups according to ethnocentric disposition, country-of-origin effects and demograpics respectively, even though there are some differences. Based on the conclusions, marketing strategies were developed.

  • PDF

Determinants of Foreign Direct Investment: Evidence from Provincial Level Data in Indonesia

  • MEIVITAWANLI, Bryna
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.5
    • /
    • pp.53-60
    • /
    • 2021
  • Foreign direct investment (FDI) is especially important for developing countries. This study investigates the determinants of FDI in the case of Indonesia. Most empirical researches in this field used time series data of a single country or panel data of several countries. Although panel data analysis is more comprehensive, however results taken from cross-country analysis cannot be directly applied to any specific country in the dataset and therefore lacks practicality. In this research, panel data analysis of a single country is performed to overcome the aforementioned shortcomings. Five determinants of FDI are tested using panel data of 33 Indonesian provinces over 10-year period of time. Two methodologies are adopted, random/fixed effects model and Granger Causality. The results show that only market size significantly affects FDI when tested using both methodologies. Human capital and financial market development show significant result in one of the two methodologies. While, economic growth and infrastructure did not show any significant results at all. This research stresses the importance of comprehensive single country analysis since only one out of five commonly discussed determinants is applicable in the case of Indonesia. Governments should therefore carefully reconsider the use of cross-country analysis as a basis of their policy formulations.

Impact of Foreign Direct Investment on Power Sector: An Empirical Study with Refrence to India

  • Maran, K.;Anitha, R.
    • East Asian Journal of Business Economics (EAJBE)
    • /
    • v.3 no.1
    • /
    • pp.8-16
    • /
    • 2015
  • In the later quarter of the twentieth century, the need for foreign capital is realized among the various countries of the world. Developing countries especially developed multi-pronged strategies to attract foreign capital into the country. One such strategy is the adoption of liberalization policy. Almost all the developing countries started opening their economy, out of the compulsion, to achieve faster rate of economic growth and development. Even a communist country like China adopted liberalization policy as a strategy for accelerated economic growth during 1979. India also joined the race by 1991, when the government announced the policy of liberalization. The importance of FDI extends beyond the financial capital that flows into the country. The huge size of the market in this sector and high returns on investment are two important factors in boosting FDI inflows to power sector. 100 percent FDI is allowed under automatic route in almost all the sub sectors of power sector except the atomic energy. Major foreign investment is made in this sector during 2000 to 2009 is Mauritius with an investment of US$ 4490.96 i.e., 4.24 percent of the total FDI inflows into the country during the period. The estimation of future FDI flow shows a marginal decline in the year 2010. Then from 2011 to 2015 onwards upward trend of FDI was observed.

Hazardous Analysis for Train Collision and Derailment through the Analysis of Railroad Accident Type at Domestic and Foreign (국내외 철도 사고 사례분석을 통한 열차 충돌/탈선 사고 위험도 분석)

  • Lee, Chan-Woo;Kang, Jong-Bae
    • Proceedings of the KSR Conference
    • /
    • 2007.05a
    • /
    • pp.151-154
    • /
    • 2007
  • THE DOMESTIC AND FOREIGN OF THE COUNTRY RAILROAD ACCIDENT ANALYSIS IT LED FROM THE PAPER WHICH IT SEES AND IT ANALYZED A TRAIN COLLISION/DERAILED ACCIDENT RISK FIXED QUANTITY. THE TRAIN ACCIDENT OCCURS DIRECT AND LATENT DAMAGE. IT CLASSIFIES THE ACCIDENT WHICH 5 YEAR FOR OCCURS RECENTLY DOMESTIC AND FOREIGN OF THE COUNTRY WITH A TYPE FROM THE RESEARCH WHICH IT SEES. IT TRIED TO ANALYZE THE DAMAGE SIZE AGAINST A TRAIN COLLISION/DERAILED ACCIDENT WITH DANGEROUS QUOTIENT.

  • PDF

Evaluating Brand Name Connotation to a Country: A Conceptualization

  • Janda, Swinder
    • Asia-Pacific Journal of Business
    • /
    • v.1 no.2
    • /
    • pp.1-21
    • /
    • 2010
  • A good brand name is very important for the success of a product. A thoughtful brand name can convey information that can influence potential customers in a positive way. Thus marketers often formulate brand names intended to explicitly or implicitly play a role in influencing customer perceptions. One way of doing this is to have a brand name bearing connotations to a foreign country. In general, prior research on country-of-origin effects has not adequately focused on exploring brand name connotation and its effect on product evaluation. This research presents a conceptual framework for determining if/how brand name connotation to a foreign country affects product evaluation. Specifically, this paper reviews relevant literature pertaining to country-of-origin and brand name connotation, discusses a conceptualization, proposes research hypotheses, and outlines procedures for collecting data to evaluate the proposed hypotheses.

  • PDF

Determinants of Bilateral Foreign Direct Investment Intra-ASEAN : Panel Gravity Model

  • Zebua, Hasrat Ifolala;Nasrudin, Nasrudin
    • Asian Journal of Business Environment
    • /
    • v.6 no.1
    • /
    • pp.19-24
    • /
    • 2016
  • Purpose - This paper aims to find and analyze factors that determine the flows of bilateral foreign direct investment in intra-ASEAN. It specifically focuses on the dimension of macro-economic, natural resources, human resources, and the quality of governance. Research design, data, and methodology - Data were collected from 64 bilateral relations between ASEAN nations from 2002 to 2013. Panel gravity model was utilized to find factors that determine the flows of bilateral foreign direct investment. Results - Significant factors were identified that determine the flows of bilateral foreign direct investment: GDP home country, GDP host country, real interest rate, distance, and total natural resources rent. Unexpectedly, natural resources have a negative effect. Conclusions - In a situation of increasing the flow of FDI among the countries of ASEAN, the government should control the interest rates and maintain good relations with nearby countries. The negative effect of total natural resource rents implies that ASEAN countries should not depend on their natural resources to attract foreign investments.