• International Commerce and Information Review
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• v.12 no.4
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• pp.429-453
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• 2010

The purpose of this paper is to examine the significances of choosing the place of arbitration, the principles of fixing the place, which the major international arbitration institutions(including the ICC, LCIA, AAA, CIETAC and so on) have in their arbitration rules, and the methods of drafting the place of arbitration in arbitration agreements. When the contract parties have agreed on the place of the arbitration, the institutions have no role regarding the selection of the place of arbitration. But the parties have not agreed on the place of arbitration, it is fixed by the rules of selected institution, by considering the lists of criteria including local laws, N.Y. Convention, neutrality, convenience and so on. This author suggested four alternatives on how to designate the place of arbitration, and advantages and disadvantages of each one: the place of claimant, the place of respondent, the place agreed on in advance in Bilateral Agreement between two Arbitration Institutions established in two countries or the third country. In conclusion, the decision of all elements in the international contract is greatly influenced by the power of negotiation, and the place of arbitration in arbitration agreement has a lot of influential significances on both parties when resolving the disputes. So it is advisable for the parties to fix the place according to the global standard(the place of respondent), the arbitration rules of major international arbitration institutes and the result of the negotiation between parties.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.103-132
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• 2004

This paper suggests the establishment of construction arbitration tribunal in The Korean Commercial Arbitration Board or the construction arbitration institution under the Ministry of Construction for effective system of Construction Arbitration. Our conclusion tells that it is desirable to establish construction arbitration institution under the Ministry of Construction upon the result of analyzing some factors such as participation of construction workers, sophistication of construction field. In contrast, it is more desirable to establish the construction arbitration tribunal in The Korean Commercial Arbitration Board when we consider the feasibility, sophistication of ADR, organization, rules, arbitrator availability, internationalization Therefore, our final suggestion is to establish construction arbitration tribunal in The Korean Commercial Arbitration Board for effective system of Construction Arbitration. More detailed are as follows: . Establishment of the committee for resolution of construction disputes consisting of experts and specialists from construction-related institution, union, law firm and universities. 1 The committee manages finance, rules on construction arbitration and arbitrator members. 1 Establishment of intermediation team, construction arbitration team, housing arbitration team, real estate arbitration team under the construction arbitration tribunal . Establishment of a committee of arrangements consisting of experts and specialists from The Korean Association of Arbitration Studies, Korea Arbitrators Association, The Korean Commercial Arbitration Board, The Construction Association of Korea in order to accomplish effective system for construction arbitration.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.93-114
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• 2003

The Federal Arbitration Act and the States Arbitration acts of the United States approve that the an arbitration clause should be construed broadly and the Courts interpreted it broadly without being curbed by the written meaning of clause itself. The Courts also divided the interpretation of arbitration clause from the interpretation of other clauses of contract to approve the validity of arbitration clause and further expanded the scope of arbitration. However, the Arbitration Act of Korea does not specify a general principle about how an arbitration clause should be interpreted. The Supreme Court did not have a case yet but the lower courts kept their posture that an arbitration clause should be clear by resulting narrow interpretation and should be written to the extent that it excludes the power of courts from jurisdiction. As a result, there would be cases that arbitration is not permitted although an arbitration clause exists. The parties intending arbitration are frustrated about how to draft an arbitration clause into their agreement. There were the cases that the parties which took the prevailing position attempted to delay dispute resolutions by dragging disputes into litigation even if they agreed to resolve through arbitration, on the basis that an arbitration clause was incomplete. Although the arbitration statutes of the United States cannot apply in Korea, the way of their approaches to the interpretation of arbitration clause can be taken into consideration in view of the globalization of arbitration.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.19 no.1
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• pp.1-12
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• 2015

This paper discusses current internet interconnection issues according to radical changes of internet traffic pattern. In this context, the recovery of network investment cost for network provider becomes hot issue. For recovery issues of investment cost, there are many disputes among stake holders. Therefore, it is necessary to investigate this issues in the context of internet interconnection. Also, it is important to develop the current regulation about internet interconnection under traffic changing environments. This paper selects four issues to deal with and analyzes the present situations and problems about these issues, and provides alternatives for internet interconnection corresponding to these four issues.

• Analyses & Alternatives
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• v.4 no.2
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• pp.163-202
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• 2020

This paper examines how Japanese society produced and reproduced a distinctively gendered history and memories of the experience of WWII and colonialism in the postwar era. We argue that these gendered narratives, which were embedded in postwar debates about the Peace Constitution and comfort women, have engendered contradictions and made the historical conflicts with neighboring countries challenging to resolve. On the one hand, this deepens conflict, but on the other, it also generates stability in East Asia. After Japan's defeat in WWII, the American Occupation government created the Peace Constitution, which permanently "renounces war as a sovereign right of the nation and the threat or use of force as means of settling international disputes." The removal of the state's monopoly on violence - the symbol of masculinity - resulted in Japan's feminization. This feminization led to collective forgetting of prewar imperialism and militarism in postwar Japan. While collectively forgetting the wartime history of comfort women within these feminized narratives, the conservative movement to revise the Peace Constitution attempted to recover Japan's masculinity for a new, autonomous role in international politics, as uncertainty in East Asia increased. Ironically, however, this effort strengthened Japan's femininity because it involved forgetting Japan's masculine role in the past. This forgetting has undermined efforts to achieve masculine independence, thus reinforcing dependence on the United States. Recurrent debates about the Peace Constitution and comfort women have influenced how Japanese political elites and intellectual society have constructed distinctive social institutions, imagined foreign relations, and framed contemporary problems, as indicated in their gendered restructuring of history.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.3-27
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• 2022

Climate change is a man-made disaster that has become a major global concern today. With increasingly visible symptoms of climate change in recent years, it has become evident that climate action can no longer be dismissed as a mere matter of choice, but as a matter of survival for the human being. To address the impending climate change crisis in a collaborative and sustainable manner, the international community has been taking various measures including Kyoto protocol and the Paris Agreement. With respect to the private investor's project investment in line with international agreements on climate change, recently we have seen multiple legal judgments which clearly indicate the subject of judicial responsibility for investment in climate change related projects. However, in order to hold judicial responsibility occurring during the implementation of climate change related projects, a causal relationship between the responsible entities and clear responsibility must be demonstrated, and applicable institutional arrangements need to be arranged. It may be the right time for global community to consider shifting not only to human ethical obligations but also legal obligations. In this regard, concerned governments should consider legislating arbitration laws, regulations, and institutional arrangements in more specific and applicable manner.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• Strategy21
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• s.30
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• pp.31-62
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• 2012

It is a commons sense that the Republic of Korea is a maritime state that depends its survival on International Trade and International Economy. Korea was a peninsula and do it can be both maritime and continental state by its choice. However, after the national division in 1945, South Korea had became a virtual island and pursue a maritime way for national development in the past 60 plus years. Now, South Korea is becoming a world's 12 th largest major trading and maritime state. South Korea has far more ships per capita than any other nations in the world and its economy is heavily depend upon the imports and exports with other nations in the world that pass through the oceans. Therefore, the Koreans regard the security of the sea lanes of communication as vital to the survival of the nation. The SLOC is the life line for Republic of Korea. Since the early 1990s, immediately after the Cold War was over, South Koreans began to recognize the importance of Sea Routes and thus began to build a navy that can handle with the new problems of the post Cold War era. However, the maritime security environments of the Republic of Korea today is shaky and dangerous. Almost every water near the Korean peninsula, some kind of international confrontations are going on. Territorial disputes on Dok do, Senkaku, Scarbrough, Shisha, Nansha and Eodo between and among Korea, Japan, China, Taiwan, Phillipines, Indonesia and Vietnam are the examples. In this essay, the author argues that the S. Korean efforts and capabilities to deal with these challenges are not enough and exhorts more efforts and more powerful navy for the Korean people.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.477-480
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• 2015

Construction projects are high-risk activities. When undertaking such projects in an international setting, it can be complicated by foreign exchange (FOREX) fluctuation risk. This affects the construction business performance in various ways, namely its progress due to delays, which in turn create further problems, specifically cost overruns as a result of price increase in raw materials, disputes, arbitration, litigation and even, total abandonment. Thus, the effective management of FOREX fluctuations is crucial. Previous studies have focused on the need for contract safeguards, adequate insurance, careful planning and management, as well as foreign exchange futures hedging to address some of the risks triggered by FOREX fluctuations. An analysis of FOREX fluctuations in the international construction industry revealed that more often it was focused on project-specific issues. Currently, there is a relative lack of awareness on Organizational Capabilities (OC), the abilities that owned by the organization, which is essential in managing the impact of FOREX fluctuations. Where research has focused on OC, these are viewed in isolation. Therefore, this study attempts to close the gap by proposing a framework on managing the impact of FOREX fluctuations in the international construction industry, employing the OC perspective.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.4
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• pp.29-39
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• 2023

Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.