• Journal of Korea Port Economic Association
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• v.25 no.1
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• pp.169-190
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• 2009

In order to establish whether any charterparty terms are incorporated into the bill of lading, the first necessity is to specify the charterparty alluded to the incorporation clause in the bill of lading. However, this becomes a potential problem where the date of a charterparty is not inserted on the face of the bill of lading in case a vessel is in operation under a number of charterparties. Over many years this issue has frequently been raised before the English courts, but it is still causing problems. The purpose of this study is to examines the several English authorities which dealt with the issue relating to the specification of charterparty incorporated into the bill of lading and to present some interpretation rules and the order of priority. As a result, the comparative analysis of English authorities shows that they failed to give dear guidance on this issue. This article therefore suggests four interpretation rules such as the precedence of a B/L's face, the rule of appositeness, surrounding circumstances, the contra proferentem rule and shows that the precedence of a B/L's face is most applicable for all parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.113-132
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• 2014

Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.153-172
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• 2018

In solving international commercial disputes, arbitration has a unique advantage. Therefore, when most parties sign a charter party, they contain arbitration clauses. Whether the arbitration clause in the charter party can be effectively incorporated into the bill of lading and bind to the third party-bill holder becomes an important issue. Based on the problem above, this paper compares the arbitration system between Korea and China, and discusses the composition of the Chinese Maritime Court and the Chinese court's adjudication of arbitration for foreign countries, which are recognized and enforced in China. What is most important in this study is observing the Chinese case from the beginning of 2000 to the present in order to rule whether the Chinese court can effectively incorporate the arbitration clause in the charter party into the bill of lading, as well as whether it constitutes an effective binding force for third parties and changes in standard of recognition. Finally, through comparative analysis, the study concludes that in China, the arbitration clause in the charter party can be effectively incorporated into the bill of lading, and that the conditions for the third parties can be effectively restrained. There must be several points to be noted when recording the bill of lading. This would then help reduce the legal risks and promote the sustainable development of international transactions.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.179-195
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• 2009

필리핀의 중재제도를 규정하고 있는 법령은 다음과 같다. 즉 필리핀 민법(법률 제386호), 중재법(법률 제876호), 대체분쟁해결법(법률 제9285호), 국제상거래중재에 관한 국제 연합 국제상거래법위원회(UNCITRAL) 표준법 및 건설산업중재에 관한 대통령령(제1008호)이다. 2004년의 대체적 분쟁해결 제도(ADR) 에 관련된 필리핀 의회의 입법은 필리핀의 중재 실무와 절차에 광범위한 변화를 가져 왔다. 또한 국제중재실무에서 필리핀에 많은 도움을 주었다. 다른 한편으로는 상당한 변화를 가진 UNCITRAL 표준법의 채택과 국내 중재를 관장하는 법률속에 표준법 조항을 편입함으로써 필리핀은 분쟁해결의 대체안으로써 정책 결정의 실행에 대한 중재법의 인식과 ADR법에 있어서의 정책조문의 검토로 보다 실질적인 중재제도가 정착되는 기반을 조성하게 되었다. 국내에서 수행하고 있는 국제적인 중재는 아직까지는 비교적 적다고 생각된다. 그러나 ADR법 내에 규정된 강력한 ADR찬성정책과 ADR에 관대하고 특히 중재에 호의적인 대법원의 친중재적 판결로 인해 향후 수년내에 필리핀과 주변국과의 무역이 크게 증대될 것으로 전망된다.

• Journal of Korea Technology Innovation Society
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• v.21 no.2
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• pp.875-905
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• 2018

Recently China's science and technology development is accelerating, and some technologies have the world's best technology. With the rapid development of science and technology, China has been deeply aware of the importance of science and technology, and many efforts are being made to legislate security regulations to protect their technologies. Korea and other countries are also interested in research security, and research and development cooperation with China is also on the rise. In this paper, we derived some implications by comparing and analyzing China's science and technology security regulation and Korea's national R&D project management regulations. China is also enacting science and technology security regulations as a subordinate to the laws and regulations of science and technology. However, it should be reflected in future legislation that the difference from Korea is composed of separate independent regulations. In particular, the fact that the science and technology security regulations have been enacted separately may be a hint that can be reflected in the nation's future legislation processes. In this paper, major contents of the science and technology security regulations, points to division of knowledge property into scientific and technological cooperation or security tasks, designation of regulations on the characteristics of research security guidelines, and operation of individual national security agencies In addition, in the event that the contents of the related statutes, confidentiality provisions, and import and import control are recorded in this paper, and the results of the joint R&D project are not utilized, or the technology transfer is not carried out.