• 제목/요약/키워드: international contract

검색결과 724건 처리시간 0.024초

CISG의 적용에 관한 CIETAC 중재사례 연구 - 중국과 홍콩 당사자간 분쟁을 중심으로 - (A Study on CIETAC Arbitration Case about Applying the CISG - Focus on Dispute between China and HK Parties -)

  • 송수련
    • 한국중재학회지:중재연구
    • /
    • 제23권4호
    • /
    • pp.191-209
    • /
    • 2013
  • The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

  • PDF

국제 무역거래에서 블록체인의 활용 가능성에 관한 연구 (A Study on Possibility of International Trade by using of Block Chain)

  • 김재성;임성철
    • 무역상무연구
    • /
    • 제75권
    • /
    • pp.137-158
    • /
    • 2017
  • Traditional banking systems of transactions are being replaced by FfinTech. Block Chain System can be a key point in Fourth Industrial Revolution such as AI, Big Data, IOT and also can be used as a tools of smart contract or smart payment systems in International Trade. If banking regulation is to be liberalized FinTech would be more activated in Korea and various attempts would be available especially smart payment in business. There are so many levels to be achieved from the time of contract to the time of clearance. We cannot expect speed and range of IT advancement and international trade, Block Chain system will challenge the traditional banking process. First, Block Chain Payment system can be used in P2P, B2B transaction and also T/T in small business. Second, Bit Coin transaction can be available within the parties without the Trusted Third Party. Third, By using of Block Chain system Traditional International Trade process can be altered.

  • PDF

국제투자계약상의 중재조항(Arbitration Clause)의 주요 구성요소에 관한 연구 (A Study on the Major Elements of an Arbitration Clause in International Investment Contracts)

  • 오원석;서경
    • 무역상무연구
    • /
    • 제38권
    • /
    • pp.155-180
    • /
    • 2008
  • The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

  • PDF

국제은행관습상 Surrender B/L의 한계성에 관한 연구 (The Limitations against the Use of Surrender B/L under the International Banking Practice)

  • 서정두
    • 무역상무연구
    • /
    • 제69권
    • /
    • pp.201-220
    • /
    • 2016
  • A bill of lading is a document which is signed by the carrier or his agent acknowledging that the goods have been shipped on board a named vessel bound for the destination and stating the terms on which the goods so received are to be carried. Therefore, the bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In the other words the bill of lading creates a privity between its holder and the carrier as if the contract was made. A bill of lading, for obtaining credit from banks, must appear to indicate the carrier's name and signature, the "shipped on board" notation, the port of loading and unloading stated in the sales contract and the credit. Data in the bill of lading, when read in context with the sales contract, the credit, the bill of lading itself and international standard banking practice, need not be identical to, but must not conflict with, data in that bill of lading, any other stipulated document, the sales contract or the credit. The surrender bill of lading, stamping "surrendered" on the original bill of lading by request of the shipper, is not recognized the legal effectiveness as a document of title by the statutory law and court. The surrender bill of lading may increase the risk of impossibility of payment to the holder. Therefore, the surrender bill of lading should be used restrictively between the credible parties and suggested to avoid in the other cases.

  • PDF

A Study of the Impact of Knowledge Sharing and Utilization on the Characteristics and Joint Performance of the Participants in an International Joint Ventures

  • Lee, Won-Hee;Moon, Jae-Young
    • 한국컴퓨터정보학회논문지
    • /
    • 제24권11호
    • /
    • pp.187-193
    • /
    • 2019
  • 본 연구는 국제합작사업 기업들을 대상으로 합작사업 참여기업 간 지식공유 및 활용이 참여자간 특성과 합작 성과에 어떠한 영향을 주는지를 살펴보고자 하였다. 본 연구에서는 국제합작사업의 지식공유 및 활용이 국제합작사업 참여기업 간 특성인 참여기업 간 계약준수, 사업 참여 동기 및 의지, 경영 자율성, 조직문화들과 합작성과에 어떠한 유의한 영향을 미치며 또한, 국제합작사업 기업들만이 가지는 특징을 실증분석을 통하여 알아보고자 하였다. 실증분석결과 지식공유 및 활용은 계약준수, 경영자율성, 사업 참여 동기 및 의지, 조직문화에 긍정적인 영향을 주며, 계약준수, 경영자율성, 사업 참여 동기 및 의지는 합작성과에 긍정적인 영향을 미치는 것으로 나타났다.

수출금융에 있어서 채권양도계약의 준거법에 대한 소고 (A Study on Governing Rule in Export Financing Related Account Receivable Assignment)

  • 오원석;한기문
    • 무역상무연구
    • /
    • 제49권
    • /
    • pp.89-109
    • /
    • 2011
  • Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

  • PDF

국제계약에서 투자가보호를 위한 최소보호요건에 관한 연구 (A Study on the Minimum Protection of Investor in International Contract)

  • 김재성
    • 무역상무연구
    • /
    • 제58권
    • /
    • pp.313-328
    • /
    • 2013
  • Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

  • PDF