• Title/Summary/Keyword: international association

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Efforts to Promote International Dispute Resolution under the regime of Singapore Mediation Convention in Japan: From the Perspective of Amendments to JCAA Arbitration Rules and Arbitration Act of Japan (싱가포르협약 이후 일본의 국제분쟁해결절차 활성화 동향: JCAA 중재규칙과 일본 중재법 개정안을 중심으로)

  • Cho, Soo-Hye
    • 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.

Arbitrator Acceptability in International Maritime Arbitration: The Perspective of Korean Shipping Companies

  • Lee, Jae-Ho;Pak, Myong-Sop
    • Journal of Korea Trade
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    • v.24 no.5
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    • pp.18-34
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    • 2020
  • Purpose - In the international shipping industry, arbitration is mainly chosen for resolving maritime disputes. This study investigates the "acceptability" of an international maritime arbitrator based on an existing theoretical model of arbitrator acceptability. Design/methodology - Using structural equation modeling techniques, this study examines a sample of senior managers who engage in the judicial affairs of their international shipping companies to verify a hypothesized model of arbitrator acceptability that covers cultural intelligence, arbitral experience, reputation, practical/legal expertise, and procedural justice as independent variables. Furthermore, the relative "perceived required time" of arbitration is tested as a moderator. Findings - Arbitrator acceptability is significantly influenced by six constructs of arbitrator characteristics: cultural intelligence, arbitral experience, reputation, practical and legal expertise, and procedural justice. Furthermore, the moderating effect of the perceived required time of arbitration is demonstrated in the relationship between arbitrator acceptability and arbitrator characteristics even though these relationships are not equally influenced. Originality/value - The originality of this study can be found in its context, that is, international maritime arbitration. Despite the potential growth of international maritime arbitration, existing studies have mainly focused on domestic arbitration. The findings of this study are expected to provide useful guidelines for nurturing international maritime arbitration in Korea.

A Study on the Volatility Spillover Effect in International Non-Ferrous Metals Futures Price (국제 비철금속 선물가격의 변동성 전이효과에 관한 연구)

  • Guo-Dong Yang;Yin-Hua Li;Rui Ma
    • Korea Trade Review
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    • v.47 no.4
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    • pp.177-195
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    • 2022
  • This study analyzed the volatility spillover effect between international non-ferrous metal futures markets using the BEKK-GARCH model. Statistical data are futures price data of copper (CU), aluminum (AL), nickel (NI), tin (SN) from Shanghai Futures Exchange (SHFE) and London Metal Exchange (LME) from April 1, 2015 to December 31, 2021. Combining the research results, first, in the case of copper, aluminum, and nickel, it was found that there was a two-way volatility spillover effect between the Shanghai and London markets, and the international influence of the London market was greater. Second, in the case of the tin, it was found that the Shanghai market has a volatility spillover effect on the London market from stage I, and it is strengthened in stage II. Third, in the case of nickel, it was found that there was a two-way volatility spillover effect in the first stage, but in the second stage, the London market had a unidirectional volatility spillover effect with respect to the Shanghai market. This study confirmed that China's influence in the international non-ferrous metal futures market is gradually increasing. In addition, it suggested that international investors can engage in arbitrage and hedging using China's non-ferrous metal futures market.

A Meta Analysis on International Trade Transportation and Logistics of Korea Trade Review between 1975 and 2020 (무역학회지 메타 분석-운송 및 물류 분야)

  • Jae-Wook Lim
    • Korea Trade Review
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    • v.46 no.1
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    • pp.191-210
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    • 2021
  • This study is following the study of "A Meta Analysis on International Trade Transportation and Logistics" published in Korea Trade Review(KTR) in 2014 and adding additional analysis for articles published in journals of international trade transportation and logistics. Studying issues of KTR are moving from transportation to logistics after 2014 and it is similar with the other international journals. The ratio of the thems of 'Economic, Policy, Regional, Technical, General Enterprise Management' in KTR is 36%, while 57.36% of IJLM and 61.88% of JBL. Main theme in the field of international transportation and logistics is Supply Chain Management(SCM). After the former study, in the viewpoint of research methods, quantitative researches are increased while their portion is still low compare to International Journal of Logistics Management(IJLM) and Journal of Business Logistics (JBL). Especially econometric research method is highly adopted in the international journals compare to KTR. Number of authors of KTR is less than IJLM and JBL, because the collaboration between researchers is needed when they publish articles in the international journals like IJLM and JBL.

The Influence of Cultural Distance on the Performance of International Joint Venture: Focusing on the Moderating Effects of the Constructive Conflict Resolution Techniques and the Competitive Relationship (파트너 기업 간 문화적 거리가 국제합작투자기업의 성과에 미치는 영향: 건설적 갈등해결기법과 경쟁관계의 조절효과를 중심으로)

  • Young-Soo Yang;Jae-Eun Lee
    • Korea Trade Review
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    • v.46 no.2
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    • pp.161-175
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    • 2021
  • The purpose of this study is to empirically analyze the effect of cultural distance between partner firms on international joint venture performance, focusing on the moderating effects of the conflict resolution techniques and the competitive relationship between partner firms. We tested hypotheses based on joint venture firms that were surveyed which formed by equity investment between Korean and foreign firms in the manufacturing industry. The empirical analysis results of this study are as follows. First, in international joint ventures, the cultural distance between partner firms was found to have a negative effect on the international joint venture performance, and the higher the cultural distance, the lower the joint venture performance. Second, it was found that constructive conflict resolution techniques weaken the negative impact of the cultural distance between partner firms in international joint ventures on the performance of international joint ventures. Third, competitive relationship between international joint venture partners showed no moderating effect on the relationship between cultural distance and international joint venture performance.

The Revision of Transit Clause in the Institute Cargo Clauses (협회적하약관(ICC)상 운송조항(Transit Clause)의 변천과정에 관한 연구)

  • Lee, Jay-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.337-370
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    • 2009
  • The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

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Marital Adjustment Factors for International Marriages in South Korea

  • Chang, Jinkyung;Shin, Yookyung
    • International Journal of Human Ecology
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    • v.13 no.2
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    • pp.69-86
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    • 2012
  • This study determined the influence of personality patterns on marital adjustments mediated by communication effectiveness for 298 international marriages in South Korea. The results are as follows: (a) The mediator effects of personality patterns and communication effectiveness on the marital adjustment of international marriages were found to be significant; in addition, a mediator path with marital adjustment as a dependent variable was verified. (b) The extroversion, agreeableness, and openness of husbands were found to have a positive effect on their communication and marital adjustment in regards to the personality patterns of international. (c) Conscientiousness was identified as the only factor that affects the marital adjustment of a wife in regards to personality patterns. The implications of this study will be discussed in the conclusion part.

The Foreign and Domestic Projects for Bridging the International Digital Divide (국제 정보격차(digital divide)해소를 위한 국내외 사업유형)

  • Choi, Seok-Beom;Lee, Jeong-Min;Jung, Jae-Woo
    • International Commerce and Information Review
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    • v.5 no.2
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    • pp.159-184
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    • 2003
  • Information and communication technology has brought neck-breaking speed of changes to the global society in 20th century. The more the speed of change accelerated, the more widened the digital divide between the developed countries and the developing countries. In spite of the importance of solving digital divide, the current situation and status of projects for bridging the international digital divide around the world is not fully researched. Therefore, the purpose of this paper is to study the foreign and domestic projects for bridging the international digital divide and to suggest the efficient ways of domestic projects for solving the international digital divide.

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Learning Strategies on International e-Trade Simulation Education (전자무역 시뮬레이션 교육의 학습전략)

  • Lee, Ho-Hyung;Kim, Hag-Min
    • International Commerce and Information Review
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    • v.12 no.2
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    • pp.109-132
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    • 2010
  • The purpose of this study is to survey the learning strategies and learning styles of the undergraduates in international e-trade simulation education. The set of learning strategies are investigated and the analysis is made how learning styles could affect the learning strategies. The subjects of this study were 112 undergraduates majored in international trade and their classes were using e-trade simulation. It is found that the undergraduates' learning strategy level is not high because the simulation education is not common yet in e-trade classes. The levels of self-efficacy and positive attitudes have high level whereas the expression strategy has the lowest. Strong results were not found among undergraduates' learning styles by each of the 11 strategies except two cases. One is that the undergraduates who had experiences of e-learning have higher level of social strategy than those of non e-learning experience group. The other is that the more the students spend the time in the simulation class, the more they have positive attitudes. This study supports that the simulation can increase the effectiveness of e-trade learning.

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A Comparative Study on the Appointment of Arbitrator(s) in International Commercial Arbitration (국제상사중재에서 중재인 선정에 관한 비교연구 -국제중재규칙을 중심으로-)

  • Kim, Yong-Il;Ha, Myeng-Keun
    • International Commerce and Information Review
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    • v.8 no.3
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    • pp.207-227
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    • 2006
  • An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. The parties are free to agree on the number of arbitrators. The role of the arbitrator is so significant in the arbitration system that its success or failure may depend on the credibility of the arbitrator. The purpose of this paper is to examine the specific elements of the Arbitration Clause through arbitration laws, arbitration rules and the related cases, to introduce the standard clause which are recommended by the international institution and the individual countries, and to make the parties of international commercial contracts reflect them in their contracts. Thus this author would like to recommend the famous and well known the Standard Clause which were drafted by international institution such as ICC and UNCITRAL or individual countries.(LCIA, AAA, CIETAC, KCAB)

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