• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제27권
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• pp.29-65
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• 2005

Northeast Asian economies have achieved high levels of growth due to a stable economic environments and economic policy reforms for free trade. As Northeast Asia has been risen as big bloc in the world and in the future in case free trade agreement could be concluded, trade volume could be increased dramatically. And it is evident that disputes will be increased in Northeast Asian economic bloc. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the bloc. Through arbitration, the parties can have full autonomy and can resolve disputes independently, impartially and without delay. But in order for the parties to make use of arbitration in the bloc, they must be fully aware of the arbitration laws of Northeast Asian nations in view of the similarity and difference of the laws. Therefore, this paper deals with arbitral award in Northeast Asian Nations' arbitration laws in view of comparative law.

• Journal of Arbitration Studies
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• 제10권1호
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• pp.68-90
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• 2000

This paper disscusses about the e-commerce and the various types of e-commerce disputes. Through empirical examination on the dispute consiliation system and by comparative analysis it is derived out of the weakness of current system and finally some suggestions for improvement. First, it is recommended that the more sophisticated knowledge concerning e-commerce should be proliferated through the existing institutions. For example, disputes for B2C could be managed by the consiliation system of consumer dispute consiliation in Consumer Protecion Board of Korea, while B2B by the arbitration system of the Korean Commercial Arbitraion Board. Second, the role of Korea Institute for Electronic Commerce established for the purpose of consiliation of e-commerce disputes is much emphasized. For successful achievement, it is necessarily required to reinforce the related laws, systems, institutions and human resources. Finally, it is also suggested that the the Korean Commercial Arbitraion Board and Consummer Protection Board of Korea fully cover consiliation and arbitration, while Korea Institute for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. The paper points out the last one as the most desired practice.

• Journal of Arbitration Studies
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• 제8권1호
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• pp.3-33
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• 1998

Since the Start of WTO in 1995, world trade volume was substantially increased as much as over $250 billion by lifting the trade barriors This effect brought new problem of increasing disputes. Significantly an ever increasing atention is paid to the Question of means and procedures of settling such disputes by arbtration. The problem of arbitration has indeed become most popular with all those who take interest in legal aspects of international cooperation in various spheres. In practice arbitration seems to renovate its function to take over new disputes arising from electronic transaction such as internet trade. Looking at the actual use of arbitration, its merits than litigation should cover new aspect concerning new kind of claims caused by new type of transaction. The efficient procedure for dispute will help every country save loss of profit by the delay of settlment. This thesis aims to facilitate the appearence of more efficient arbitration procedure for dispute settlment system.

• Strategy21
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• 통권36호
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• pp.33-58
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• 2015

In 1996, China, Japan and the ROK all became the party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Since then, the UNCLOS has been a fundamental basis for the resolution and management of maritime disputes amongst them. However, there still remain acrimonious disputes in the region. Resources nationalism and the revival of geopolitics aggravates the disputes particularly on sovereignty over disputed islands, maritime delimitation and the legal nature of military activities in other States' Exclusive Economic Zones. Under the circumstances, why have the demands for the conclusion of a regional agreement been raised in this region? A desirable regional agreement regarding ocean affairs should be compatible with the rights and obligations under the UNCLOS, a universal norm regarding ocean affairs. This paper will propose a desirable regional agreement by adopting an incremental approach.

• Journal of Arbitration Studies
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• 제28권3호
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• pp.21-33
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• 2018

Technological innovations can be protected by patents, and patent applications are filed in various patent offices around the world including the United States Patent and Trademark Office (USPTO). Recently, the U.S. exportation of artificial intelligence and internet of things patents in the form of foreign sales of articles embodying U.S. patents and international technology licenses has grown substantially. However, due to the U.S. Supreme Court's Lexmark decision reconfirming an international patent exhaustion doctrine, the asian or korean importers importing such U.S. goods embodying U.S. patents do not have to worry about patent infringement liability, even when they try to resell the patented goods to the third parties. KCAB can play a substantial role in resolving such patent disputes due to qualified expert arbitrators and the International Rules of KCAB which ensure impartiality and independence of the arbitrators.

• Journal of Arbitration Studies
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• 제29권3호
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• pp.23-38
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• 2019

This article aims to explore ways to prevent disputes arising from 'Origin Procedure' under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

• Korea Trade Review
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• 제44권3호
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• pp.43-72
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• 2019

This study examines the trends, current situation and implications of non-tariff measures (NTM) and specific trade concerns (STC) on the protection trade measures of ASEAN. ASEAN's non-tariff measures and the share of specific trade concerns are very significant as they are the second and third largest, respectively, of the major countries. This means that protection measures using non-tariff measures are a strong feature of ASEAN's trade policy. Also, in the future, ASEAN should try to prevent unnecessary disputes caused by exporting countries' specific trade concerns in the implementation of non-tariff measures. Activating trade policy cooperation is likely to reduce conflicts and costs caused by these trade disputes.

• Korea Trade Review
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• 제45권1호
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• pp.31-45
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• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• International Journal of Computer Science & Network Security
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• 제24권3호
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• pp.29-37
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• 2024

Resorting to electronic arbitration to resolve disputes in international trade contracts is the most important reflection of technological progress on the reality of international commercial arbitration. Electronic is a modern image of traditional arbitration, and this type of arbitration provides many advantages that are not provided by any legal system for resolving disputes, including speed, effectiveness and lower costs. What will this development produce? Through technical progress in the means of communication, it has become conceivable that international trade dealers agree to arbitration via electronic means of communication, followed by the completion of the arbitration process via the Internet, leading to the issuance of the electronic arbitration award in an electronic manner as well.

• Journal of Arbitration Studies
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• 제15권2호
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• pp.3-35
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• 2005

The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.