• International Commerce and Information Review
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• v.14 no.4
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• pp.203-225
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• 2012

This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• International Commerce and Information Review
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• v.18 no.4
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• pp.143-164
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• 2016

PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

• 월간 기계설비
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• s.224
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• pp.45-45
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• 2009

원사업자가 발주자로부터 계약금액을 조정받지 아니한 경우에도 일부 품목의 가격이 급변동시 원사업자와 수급사업자는 상호 협의하여 서면으로 계약금액을 조정할 수 있도록 했다. 공정거래위원회는 납품단가 조정을 위해 지난 1월 10일 14개 업종의 표준하도급계약서를 개정했다. 서면계약서에는 대금조정요건, 방법 및 절차 등이 기재된다. 원사업자는 이 계약서에 따라 발주업체로부터 계약금액을 조정받지 못하더라고 수급사업자와 상호 협의를 통해 서면으로 계약금액을 조정해야 한다.

• The Journal of Information Technology
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• v.1 no.2
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• pp.103-118
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• 1998

The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• Journal of Information Management
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• v.39 no.2
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• pp.45-74
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• 2008

The purpose of this study was to promote the understanding of laboratory notebook's record characteristics through getting a line on the importance of the notebooks which have record, information, communication, and proof functions. To improve the research ethics and cultures, this study was examined and investigated by literature references and survey results. This study analyzed the status of the notebooks in part of laboratory information system of the R&D institutes, paper notebooks for laboratory records management, and the introduction of ELN for digital record. For the notebook's institutionalization, more review is needed to the possibility of involvement in the conflict, evidential requisite and signature by inspector, the limitation of autonomous policy for the notebook's operation, the difficulty of preservation for 30 years, the introduction of ELN and utilization for the notebooks. To improve management and institutionalization for the notebooks, it is needed to the notebook's record for knowledge management and evidential values, support and budget for the notebook's management department, researcher's recognition conversion for the notebooks related to the intellectual property and technology transference, the record method train for the notebooks from the university classes, and the introduction of ELN related to the laboratory information management system or project management system.

• Korean Business Review
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• v.12
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• pp.303-321
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• 1999

Electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in th the 21st century. Electronic commerce offers considerable new opportunities for the business and citizens in all regions of the world by enhancing productivity across of our economics and encourage trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an between contracting parties.