• Journal of Arbitration Studies
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• v.10 no.1
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• pp.115-133
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• 2000

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article analyzed the negotiation practice of Chinese in order to render help to negotiators who enter into negotiations with Chinese business people so that they can enhance their chance for success. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese. For the purpose this study applies "global negotiation flowchart" and twelve important factors suggested by stephen & stripp to analyze the characteristics of Chinese business negotiating style. The results suggest some useful criteria for negotiators First, In the preparation, the negotiator need a thorough study about the Chinese negotiating style and counter party. Second, In the negotiation with the Chinese, making the personal relationship and, if possible, frequent contact with the person who is the most powerful negotiator in decision-making. Third, since the Chinese has a sense of value that money is very important, it is very necessary that the negotiator persuade him by mutual profits. Finally, negotiators must aim at long-term profit maximization not at short-term.

• Proceedings of the KIEE Conference
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• 2002.11b
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• pp.127-130
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• 2002

Recently, with the increasing use of power semiconductors and microprocessors which are very sensitive to little change of power quality and for coping positively with anticipating power quality disputes between power providers and consumers which are possible to occur by of power market being formed, the power quality problem has gained preponderance among the contemporary research areas. To serve these purposes, the integrated system has been researched and developed for power quality analysis and monitoring, which provides speedy and powerful functions by the growth of computer hardware and information technology. But the advent of fast and lower price hardware make little difference in an application on many systems. As a result, the key issues of constructing power quality monitoring system are in the management of data obtained, accurate algorithms, graphic representation and user-friendly-environment for easy and clear analysis results. So, in this paper it will be introduced that the standard of user-friendly-GUI(Graphic User Interface) and analysis graphic representation for intuitive understanding of results from power quality analysis based on consideration of several systems currently being in use.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.75-94
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• 2015

The aim of this study is to examine the obligations of delivery of the goods focusing on the methods of delivery under the Incoterms 2010, comparing with CISG. The Incoterms 2010 provides various methods of delivery of the goods under the each rule(11 rules). And it is a little confusing for the parties of the contract of sales. This study reviewed specific methods of delivery of the goods with the view of practitioner. The purpose of Incoterms is to avoid misunderstanding of the contract of sales and to promote the international transactions. The uncertainties of the Incoterms 2010 shall cause disputes between the parties. Especially, when vehicles are used to pick up and deliver the goods, which party is responsible for the loading and unloading the goods. Under the D-term, which party is responsible for unloading the goods from the vehicle reached at the named place of destination is a little confusing. This study suggest some ideas on the specific methods of delivery to mitigate uncertainties and accept current practices at the field. Firstly, under the EXW rule, the seller must deliver the goods on the arriving means of transport at the seller's premises. Secondly, under the FCA rule, the seller must deliver the goods unloaded at the other place except seller's premises. Thirdly, under the CPT, CIP rules, the seller must deliver the goods unloaded irrespective of the mode of transport at the place of destination. Fourthly, the FOB, CFR, CIF rules must adapt the container transport practice.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.125-144
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• 2007

The objective of this study is to find out whether Korean companies which are doing a lot of commercial transactions with Indian companies can consider appointing ICA as a trustworthy institution and using ICA arbitration rules as a governing arbitration rule, when a dispute between Korean companies and Indian companies occurs. Up to now, in the case of dispute with Indian companies, Korean companies are hesitant to utilize ICA as well as ICA arbitration rules as a alternative dispute resolution, owing to lack of understanding on its rules. But, it is obvious that Korean companies which come to have better knowledge on ICA and its rules may consider more positively using ICA as well as ICA arbitration rules as a dispute resolution rather than using other arbitration institutions like ICC and KCAB etc. in the case of disputes with Indian companies because ICA arbitration rules are very objective and similar to other arbitration rules like ICC rules as well as KCAB(Korean Commercial Arbitration Board) international arbitration rules which are frequently being used by Korean companies and also have other several advantages like cheaper cost of arbitration and fast track arbitration procedures. In conclusion, ICA and its rules can also be recommended as a public-trustworthy arbitration option if Korean companies want to resolve some dispute cases with Indian companies.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.245-272
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• 2004

This study is focused on the cases that Korean hotels stepped into international airports, public facilities, and successfully solved the contract related disputes by using arbitration in accordance with arbitration law. This case study on arbitration derives the hotel management strategy points as follow: 1. It must be a good chance for a famed hotel to step into international airports that have big publication effect. The feasibility study focused on marketing feasibility rather than finance feasibility may, however, not be good. 2. Written contract is required in entering into a contract with government organizations. However, oral contract still exists. 3. If the contract is made to always pay the higher amount between annual minimal guarantee and sales rate in expenses of store using charge, such contract shall cause very hard sales environment from the initial stage of the contract. 4. The airports have made optional contracts for national service. Such optional contracts are, however, not free from public criticism. 5. This case study is the first case study on arbitration applied to hotels. This study shall be, therefore, frequently referred to in setting a management strategy of hotels that want to run restaurants in another facility outside themselves.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• International Commerce and Information Review
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• v.6 no.2
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• pp.23-41
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• 2004

Rapid development of computer and telecommunication technology brought out the expansion of electronic commerce which is the new type of business transaction. Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. And ADR refers to processes other than judicial determination in which an impartial person assists those in a dispute to resolve the issues between them. ODR refers to ADR processes assisted by information technology, particularly the internet. ODR has been available since 1996. Its development can be as passing through three broad stages : hobbyist, experimental, entrepreneurial, institutional phrase. Also, ODR has adapted a range of traditional ADR for use online, including arbitration. mediation. facilitated negotiation and case appraisal. Mediation and arbitration have been the most prevalent forms of ODR. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited. Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.25-39
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• 2008

The Korean government is in the establishment process of plan for managing fishing effort by setting up the maximum fishing gear usage per fishery type for the recovery of fishery resources, for the settlement of disputes between fishery sectors over fishing gears, and for the stability of fishing business condition. Especially in the setting up of the maximum fishing gear usage, economic standards as well as biological standards are being considered as a significant factor to promote the sustainable and economically viable development of fisheries. This study is, thus, to analyze the optimal economic fishing gear usage ($E_{MEY}$) as the most economically efficient one for the coastal snow crab gillnet fishery, one of the most controversial sectors in establishing the maximum fishing gear usage. The data of logbooks per trip were used for concentrating on the estimation of $E_{MEY}$ per trip because it was considered there were limitations of data available for analyses. As a finding drawn from the analyses, the optimal economic trap usage ($E_{MEY}$) of coastal snow crab gillnet vessels per trip has to be decreased by about 13%. That is, reducing the trip gillnet usage up to the level of $E_{MEY}$ can lead to the reduction of trip fishing costs, thereby resulting in the increased trip profits.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.