• Title/Summary/Keyword: 인도의 대체적 분쟁해결제도

Search Result 1, Processing Time 0.016 seconds

A Study on the Ways of Disputes Resolution Against Indian Company through ADR system (ADR을 통한 인도기업과 분쟁해결 방안에 관한 연구)

  • Shin, Koon-Jae
    • International Commerce and Information Review
    • /
    • v.14 no.3
    • /
    • pp.49-73
    • /
    • 2012
  • India is a gigantic market with a population of 1.2 billion and an economy that is growing at the second-fastest pace in the world. The volume of trade between India and Korea has been sharply increased with the increase of dispute since 2000. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of Indian dispute resolution system is a necessary requirement for successful business operation with Indian companies. This article analyzed and compared with the various ways of Indian ADR such as negotiation, mediation, conciliation, Lok Adalat and arbitration in order to help the Korean traders who enter into business with the Indian companies to settle their disputes efficiently. In conclusion, this article suggests the following ways to overcome problems of dispute with Indian companies: First, the Korean companies should recognize the characteristics of Indian ADR Ways respectively. Second, the Korean companies should utilize the conciliation or the mediation in small claim but arbitration in large claim. Third, Write a contract and insert the KCAB's standard arbitration clause in their contract.

  • PDF