• Title, Summary, Keyword: Foreign Investor

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The Problems and Countermeasures of the Investor-State Dispute Settlement Mechanism (투자자-국가간 분쟁해결제도의 문제점과 대응방안)

  • HONG, Sung-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.68
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    • pp.89-121
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    • 2015
  • Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

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Investment Tendency of Foreign Investor and Accounting Conservatism (외국인투자성향과 회계보수주의)

  • Ji, Sang-Hyun;Ryu, Ye-Rin
    • Journal of Digital Convergence
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    • v.17 no.3
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    • pp.153-160
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    • 2019
  • This paper analyzes the impact of investment tendency of foreign investor on accounting conservatism. We use the sample of 1,527 firm-year Korea listed companies belonging to non-financial corporate sector during 2014-2016. The results of empirical analyses show that investment horizons of foreign investors has a positive relevance with accounting conservatism. This result indicates that the firm have a long-term foreign investors has a good quality of accounting earning than the firm have a short-term foreign investors. This study that verified the relevance between investment tendency of foreign investor and accounting conservatism is expected to provide useful information by suggesting the need for more incentive for the long-term foreign investors. And we expect a follow-up study focused on the discriminative effect of investment tendency of foreign investor on accounting policy.

A Study on the Investor Behavior for Investor's personality (성격유형에 따른 주식투자행동에 관한 연구)

  • Cho, Kook-Haeng;Lee, Jae-Eun
    • Management & Information Systems Review
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    • v.26
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    • pp.117-132
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    • 2008
  • This study examined the individual investors' Behavior and proposed the research task how significant difference within and among investor's personality types. First of all, we investigated factors that influence individual investor's investment behavior, such as, openness, will to achieve, self-monitoring. As result investors who have lately five number of holding stock are more dependent on openness and will to achieve.

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The Investment Chapter of the Korea-US FTA and its Implications for Environmental Matters (한.미 FTA 투자챕터(Chapter)와 환경문제)

  • Park, Deok-Young
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.25-44
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    • 2014
  • Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

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The Effect of firm-specifics on forecast accuracy: The case of IPO firms in Korea (코스닥 신규상장 기업의 특성에 따른 재무분석가의 이익예측력에 관한 연구)

  • Jeon, Seong il;Lee, Ki se
    • Knowledge Management Research
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    • v.13 no.5
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    • pp.1-13
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    • 2012
  • This study investigates whether firm-specifics affect forecast accuracy using a sample of IPO firms in Korea. The forecasts accuracy can be differentiated depending on firm specifics. This study uses the foreign investor, intangible asset and patents as firm specifics. The analysts are divided into two groups by firm-specifies(foreign investors ratio of low and high, intangible asset ratio of low and high, patents of acquisition) and also examine the degree of analysts's forecast accuracy over the two groups. and examined the degree of the analysts' forecast accuracy over the two groups. The sample is composed of 460 IPO (Initial Public Offering) firms listed on the KOSDAQ (Korean Securities Dealers Automated Quotations) for the period from 2001 to 2009. The analysts' forecast accuracy is much higher in the group of high foreign investor but is lower in the group of high intangible assets and patents. Also, the group of high foreign investors respectively interacts with group of high intangible assets ratio and group of patents of acquisition. In result, The analysts' forecast accuracy is higher because foreign investor is decreased information asymmetry. This study compares suggests that patents may be helpful for predicting forecast accuracy.

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The Current Status and New Regulatory Arrangements of the Enforcement of Commercial Arbitration Awards in China from the Foreign Investor's Perspective (중국에서의 상사중재판정 집행에 관한 동향과 제도개선 연구 : 외국투자자 관점을 중심으로)

  • Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.133-167
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    • 2010
  • The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

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A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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A Study on the Employment Effect of Foreign Invested Companies in Korea by Investor Ratio Type and CEO Nationality (한국내 외국인투자기업 투자지분율형태와 CEO국적에 따른 고용효과 분석)

  • Kim, Kyoung-Ae
    • International Commerce and Information Review
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    • v.17 no.1
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    • pp.137-163
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    • 2015
  • This paper investigated the difference in the employment effectiveness of foreign invested companies in Korea by investor ratio and CEO nationality. To analyze the relationship between employment growth and investment ratio, CEO nationalty, firm age, company size, analysis of variance and regression are employed. Investment ratio is classified into three groups: 1. 0%${\leq}100%$. CEO nationality is classified into three groups: '1' if the CEO nationality is Korean, '2' Korean and Foreign, '3' Foreign. Employment growth turned out to be lower in groups of investment ratio equal to or bigger than 50% than in group which has investment ratio smaller than 50%. and the employment effect was not different depending on the type of CEO. By analyzing the employment growth with respect to investment ratio type and CEO nationality theoretically and empirically, the effect of inward foreign direct investment on employment and its preparation plan can be considered. The policy implication is that investment ratio should be considered in the future employment policy.

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A Case Study on the Utilization of Umbrella Clauses in Investor-State Contract Disputes - Focusing on the Cases of SGS v. Pakistan and SGS v. Philippines - (투자자와 투자유치국간의 계약 분쟁에 있어서 포괄적보호조항의 활용에 관한 사례연구 - the Case of SGS v. Pakistan and SGS v. Philippines 사건을 중심으로)

  • Oh, Won-Suk;Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.239-255
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    • 2009
  • The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

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Momentum and Ownership: The Evidence of Taiwan Stock Market (모멘텀과 투자자 지분율: 대만 주식시장)

  • Wu, Ming;Ko, Kwangsoo
    • Journal of the Korean Data Analysis Society
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    • v.20 no.6
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    • pp.3025-3035
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    • 2018
  • This study investigates the momentum phenomena of stocks listed on the taiwan stock exchange. The purpose of this study is to examine the differences in momentum phenomena among firm size, foreign investor ownership, individual investor ownership, and institutional investor ownership. The empirical results of the momentum phenomenon in the Taiwanese stock market are as follows. First, there is no momentum phenomenon during the whole sample period. Second, momentum profitability does not exist even if this study divides by firm size. However, the results are different if this study divides it by the investor ownership. Third, there is a significant positive momentum for firms with high individual ownership. Fourth, on the contrary, positive momentum was observed in firms with low institutional ownership. Finally, there was no momentum phenomenon when dividing by foreign ownership. This study has academic contribution in analyzing the momentum phenomenon in Taiwanese stock market considering the investor's ownership.