• Journal of Arbitration Studies
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• v.14 no.2
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• Journal of Korea Port Economic Association
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• v.27 no.2
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• pp.85-110
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• 2011

The purpose of this study is to evaluate the social costs of inland trucking and maritime transport between Kwangyang Port in Korea and the Great Lakes in US. Also, this study compares these social costs each other, and finds the way how to internalize them for the efficiencies of national logistics policies. This study uses the Contingent Valuation Method to evaluate the social costs for the two transport modes in each country. The final result is that the social cost difference between inland trucking and maritime transport around US Great Lakes area is not so significant that there are not many chances to enhance the maritime transport in the region. However, in case of Korea, there is significant difference in social costs between the two transport modes, so that Korea government may have a lot of chances to improve the seaborne trade by way of various internalization policies.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.45-65
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• 2009

China and Taiwan had opened complete Three Linkages era December 2008, in the 59 years. The improvement of two countries' relationship is expecting to spur two countries more on the economy exchange. However the increasement of investment and trade between two countries will increase disputes to ratio. In order to settle the disputes related to economy between two countries, the most favorite way is to use arbitral system which involve less public power. After China and Taiwan recognized this point, they announced provisions which allow to solve controversies through the arbitration between parties of two countries since 1980, and prepared legal basis for dispute settlement between two countries. However, because China and Taiwan do not authorize each party as a country, the execution application made by each party based on New York Convention related to foreign arbitral awards cannot be approved. Because of these kind of reasons China and Taiwan should agree in order to guarantee mutual execution of arbitral awards which is an ultimate purpose of arbitration. However because of the political situation of two countries there are provisions related to execution for arbitral awards decided by each party. In this paper, I separated the provision related to mutual execution for arbitral awards of each party of China and Taiwan, examined exposed problems, and suggested ways to improve. It can support some of assistance and implication to establish basis of arbitral system between South Korea and North Korea and to suggest direction to derive through this kind of study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.237-263
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• 2013

Traditionally, a L/C (letter of credit) has been known as a relatively low risk method of payment. This is why L/C has been used in international trade. However, L/C has a number of weak points such as high cost, long processing time, and complicated documents. Using an electronic L/C is one way to solve those weak points. In Korea, there are two types of electronic L/C. One is the EDI (Electronic Data Interchange) based L/C and the other one is the XML (Extensible Markup Language) based L/C. The former, established in 1990's, is sent from banks to the beneficiary solely through VAN (Value Added Network, KTNET) operators. On the other hand the latter, started in 2005, is sent from banks to KFTC (Korea Financial Telecommunications & Clearings Institute) for management of the L/C balance, as well as to KTNET. So far, paper L/C and EDI based L/C have been used overwhelmingly instead of XML based L/C in spite of the aforesaid disadvantages. In this paper, the authors examined empirically why the users of electronic L/C were reluctant to use XML based L/C. The results are as follows. First, the users of paper L/C were more dissatisfied than the users of electronic L/C due to many factors such as cost, the time required, and information reuse. Second, the users who have more experience with XML based L/C wanted to adopt integrated management with EDI based L/C more than the users who had not experienced XML based L/C. Third, the users who had used more than one form of L/C wanted to adopt integrated management to EDI and XML based L/C more than the users who had only used one form of L/C. Therefore, the authority for electronic L/C should consider a change of the policy from the XML based electronic L/C oriented to integrated management of the various types of L/C.

• Strategy21
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• s.41
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• pp.5-29
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• 2017

The Mahan's seapower theory has been the basis of US Navy to date as it can enjoy the supremacy status in all of the seas of the world. His theory is very straightforward. A nation can be a great country in the world just through the use of maritime commerce that could be protected by a strong and powerful navy. Mahan's theory on seapower was substantiated in the Spanish-American War with respect to how important the naval power is. The best thing to make US a great nation was to make sure that flow of international trade is smooth, and the unhindered trade could be made possible only by the destruction of enemy's fleet that may obstruct the SLOCs. That's why Mahan insisted that a strong navy was needed and a decisive battle by the navy's fleet at sea should be encouraged as a way of ensuring the safety of the SLOCs. The newly-arrived Trump administration seems to be in line with the Mahan's theory seapower in its policy on naval forces structure. It is expected that US will continue to support the Pivot to Asia policy that has been adopted by the previous administration through an increase in its naval fleet forces. The number of US navy ships will be 355 in 2030, rendering it much more powerful navy than before. The catch phrase "3rd Fleet Forward" proposed by the president Trump indicates that two carrier strike groups will be present in the Asia Pacific region, being able to make the confrontation between US and China more tense than before. The presence of the US naval forces in the area may function as some sort of pressure against China that Trump insisted had been responsible for the closure of 60,000 factories and the loss of 3,000,000 jobs in the United States.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• International Area Studies Review
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• v.13 no.3
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• pp.269-286
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• 2009

The aim of the paper is to study environmental impacts of openness and trade in korea, and analyze the relationships between trade, development and environment. This study established endogenous determinants such as inflow FDI, level of environmental pollution and economic growth, and assumed a proposition that each individual variables are in two-way relationships among the three key variables such as the openness, the environment and GDP. To estimate a system of equations, a simultaneous equation model is used because the simultaneity problems are formidable. The results show that the more openness and economic growth increase, the more level of environmental quality improve. This study also found that FDI and openness, and economic growth bring along the level of environmental quality.

• Journal of Korea Trade
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• v.23 no.8
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• pp.89-109
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• 2019

Purpose - We perform an empirical analysis of the effects of global consumer culture positioning (GCCP) in TV advertisements on consumer's brand evaluations (perceived quality, perceived price, and brand prestige) and attitude toward brand. Also, we analyze the moderating roles of consumer characteristics (ethnocentrism and level of product knowledge) in those effects. Design/methodology - This research is based on a survey of 210 randomly-selected university students in Seoul, Korea. The participants in the survey were shown a total of 8 TV advertisements of consumer goods of nondurable goods (fast food and carbonated drinks), and durable goods (sports shoes and digital camera), which included two advertisements for each product where one uses GCCP strategy while another uses LCCP strategy. We estimate the structural model using the AMOS 18.0 computer program. Findings - We find that GCCP has more positive effects on consumers' brand evaluations and attitude toward brand than LCCP in TV advertising. We also find that GCCP has stronger effects on brand evaluation and attitude toward brand in consumers with weak ethnocentrism and in those with a low level of product knowledge. Practical implications - Using GCCP in an advertisement is an effective way of improving consumer's evaluation of the brand and attitude toward the brand mainly when cosmopolitan consumers and consumers with low knowledge levels are segmented as targets. Originality/value - The study contributes to identify how and for what consumer groups' global brand positioning strategies in TV advertisements affect consumers' brand evaluations and their attitudes toward brands.

• Asia-Pacific Journal of Business
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• v.12 no.4
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• pp.289-297
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• 2021

Purpose - This study analyzed the correlation between economic liberalization and foreign direct investment. The purpose of this study is to seek ways to attract foreign direct investment from developing countries. Design/methodology/approach - This study analysed with observations of 19 from 2000 to 2018 using a fixed effect model, a random effect model, and a two-way fixed effect model. Findings - First, it was found that economic liberalization had a positive effect on attracting foreign direct investment in the early stages of economic liberalization. Second, it was found that economic liberalization in the deepening stage of economic liberalization had a negative effect on attracting foreign direct investment. In general, it was found that the higher the level of economic liberalization in developing countries is not accompanied by innovative changes in the industrial structure, the higher the level of economic liberalization is likely to decrease the inducement of foreign direct investment due to negative factors such as an increase in labor costs. Overall, this study approved that Economic liberalization have a non-linear (inverted U-shape) relationship with the inflow of foreign direct investment. Research implications or Originality - First, this study attempted to expand the variables for the determinants of FDI by analyzing economic factors which is a determinent of FDI. Second, economic liberalization generally has a positive effect on foreign direct investment, but it proved that it does not have only positive effects as a factor of attracting foreign direct investment in developing countries. The advantage of low wages in ASEAN countries acts as a factor for foreign direct investment, but as the degree of economic liberalization increases, the environment such as government size, guarantee of property rights, international trade freedom, fiscal soundness, and regulations change positively. On the other hand, it can be suggested that if the industrial level is less, it may lead to a loss of comparative advantage and a decrease in investment.

• Korea Trade Review
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• v.43 no.5
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• pp.67-91
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• 2018

A number of studies have been conducted on the evaluation of bi-national products, but studies that may be applied in practice are lacking. This study suggests several implications for bi-national products in the sub-market using a more specific approach than previous studies. To this end, this comprehensive comparative study reflects the purchasing routes, product category, and consumers' personal characteristics (regulatory focus, prior knowledge) of bi-national products. Results found the evaluation of bi-national products according to purchase routes showed that consumers in offline stores were more favorable than consumers in online stores. In comparison with product categories, necessities were more positive than luxury goods. On the other hand, according to consumer's personal characteristics, consumers with promotion focus tendency perceived brand preference more highly than consumers with preference focus tendency. Also, it was found that groups with high prior knowledge had a positive evaluation of products compared to low knowledge groups.