• Title/Summary/Keyword: 국제중재인

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A Study on Emergency Arbitrator System of SCC and Requirements for Granting of Interim Measures (스톡홀름 상업회의소(SCC) 중재기관의 긴급중재인 제도와 임시적 처분의 인정요건에 관한 연구)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.65-83
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    • 2011
  • The purpose of Emergency Arbitrator System is to provide parties with the possibility of obtaining interim measures before constitution of the arbitral tribunal. This paper examines the Emergency Arbitrator System set forth in Article 32 and Appendix II of Arbitration Rules of Stockholm Chamber of Commerce (SCC) in comparison with Article 37 of ICDR International Arbitration Rules. This paper also provides a case study of 4 Decisions rendered by Emergency Arbitrators under the auspices of SCC in 2010. It was found that it took only 4 days on average from the date upon which the request for emergency interim measures was registered to SCC to the decision rendered by Emergency Arbitrators. The figures of average days reflect its rapidity well, one of the most preferred characteristics of arbitration. However, a case study of SCC decisions shows that only one request for interim measures was successfully granted. In other words, it was found that the requirements for granting of interim measures by emergency arbitrator were quite strictly applied. If interim measures is to be granted, it was found that the requesting party should prove to satisfy the requirements for granting of interim measures as follows: First, the requesting party has to demonstrate that it may suffer irreparable or serious harm in commercially-sensible, not in a strictly literal sense unless the interim measure is granted. Second, the party requesting interim measures has to persuade the Emergency Arbitrator that the request was of an urgent nature. Third, the requesting party is required to meet the reasonable possibility that it may succeed on the merits of the claim.

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Introduction and Prospects of UNCITRAL Expedited Arbitration (UNCITRAL 신속 중재의 도입과 전망)

  • Lee, Choonwon
    • Journal of Arbitration Studies
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    • v.32 no.1
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    • pp.25-42
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    • 2022
  • The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose. Expedited arbitration is increasingly used by parties and is growing in popularity. The basic idea behind establishing expedited arbitration rules is to create the possibility for the parties to a dispute to agree on a simplified and streamlined procedure and to have an arbitration award issued within a short period. The associated cost savings for the parties is another benefit. The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the "increasing demand to resolve simple, low-value cases by arbitration" and "the lack of international mechanisms cope with such disputes." As a result, the UNCITRAL 2021 Expedited Arbitration Rules (UNCITRAL EAR) took effect on September 19, 2021. The EAR was adopted by the Commission on 21 July 2021 and, next to UNCITRAL's well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission's impactful work in the field of international arbitration. Overall, the UNCITRAL EAR has great potential to meet the need for more flexible and efficient arbitration proceedings, primarily because they provide the tribunal with strong managerial powers while still leaving room for consultation with the parties. However, parties must remember that not all disputes may be suitable for expedited arbitration, and disputes that are complex or have the possibility of being joint or consolidated may not benefit from simplified procedures and tight deadlines. This article will outline the core features and characteristics of the UNCITRAL EAR.

Media and Education: Focusing on U. S. Graduate Business and Financial Journalism School (미디어와 교육: 언론인 전문화를 주도하는 미국 경제저널리즘 대학원 사례를 중심으로)

  • Kim, Sung-Hae
    • Korean journal of communication and information
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    • v.37
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    • pp.7-42
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    • 2007
  • There has been growing debate over the current crisis of Korean journalism especially since 1997. While identifying primary causes as 'lack of credibility and public accountability,' however, this paper claims that self-regulation initiated by enlightened and professionalized journalists is a plausible solution. This paper thus pays attention to U.S. graduate journalism schools which provide specialized program about business/economic/financial news. For this, in identifying commonalities of the programs in terms of education goals, geographical/academic resources and course works, this study wanted to elicit meaningful implications for media education. It was suggested in conclusion that not only would Seoul be an ideal place for combining theoretical and practical training, but such programs in New York and Columbia university might be creatively applied to Korean journalism school. Finally, the author hopes that this review will be a good starting point for envisioning graduate level of journalism school in Korea.

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