• Journal of Arbitration Studies
• /
• v.27 no.2
• /
• pp.107-119
• /
• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• Journal of Arbitration Studies
• /
• v.27 no.2
• /
• pp.121-142
• /
• 2017

A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

• Biomedical Science Letters
• /
• v.15 no.2
• /
• pp.113-118
• /
• 2009

Actin cytoskeletal architecture is believed to be a crucially important modulator of chondrocyte phenotype. 2DG(2-Dexoy-D-glucose) induces reorganization of actin cytoskeletal architecture in chondrocytes. In this study, we have investigated the effects of 2DG on dedifferentiation and inflammation via reorganization of cytoskeletal architecture in rabbit articular chondrocytes, with a focus on p38 kinase pathway. Treatment of 2DG alone reduced type II collagen and COX-2 expression in chondrocytes. But, 2DG reduced type II collagen was recovered by CD, disruptor of actin cytoskeletal architecture, whereas did not affect on COX-2 expression and production of $PGE_2$ compared with 2DG alone treated cells. Treatment of 2DG with JAS, inducer of cytoskeletal architecture polymerization, accelerated reduction of type II collagen expression and synthesis of proteoglycan but did not affect on COX-2 expression and production of $PGE_2$. Also, 2DG stimulated activation of p38 kinase. This result showed that 2DG regulates type II collagen but not cyclooxygenase-2 expression through reorganization of cytoskeletal architecture via p38 kinase pathway in rabbit articular chondrocytes.

• Proceedings of the KIEE Conference
• /
• 1999.11c
• /
• pp.512-514
• /
• 1999

The damping ratio $\zeta$ of a continuous 2nd order response which passes all the points of the discrete response of a 2nd order discrete system(envelope curve) is a function of only the location of the closed-loop pole and ie not at all related to the location of the zero. And the peak overshoot of the envelope curve is uniquely specified by the damping ratio $\zeta$, which is a function of solely the closed-loop pole location, and the angle $\alpha$ which is determined by the relative location of the zero with respect to the closed-loop complex pole. Therefore, if the zero slides on the real axis with the closed-loop complex poles being fixed, then the angle $\alpha$ changes however the damping ratio $\zeta$ does not. Accordingly, when the closed-loop system poles are fixed, the peak overshoot is function of $\alpha$ or the system zero. In this thesis the effects of the relative location of the zero on the system performance of a second order discrete system is studied.

• Journal of Arbitration Studies
• /
• v.26 no.1
• /
• pp.53-72
• /
• 2016

The importance of design is emphasized in many industries. It began to earn recognition as part of industry rather than the arts. In particular, utilization of visual information design including moving images, packaging, advertisement, publication, editorial and visual information processing is higher than others in the design field. However, disputes relating to intellectual property rights have been also increasing as it became known. Therefore, now is the time to consider and establish an effective dispute settlement system for the design industry. In this view, arbitration will be a suitable method for dispute settlement in visual information design because of characteristics such as confidentiality, professionalism, efficiency, economy and flexibility. However, Arbitration system is not well known to the people who work in this industry. Thus, in order to aggressively advertise the arbitration system, an arbitration institution has to appoint design experts as new arbitrators for domestic and international arbitration. Next, an arbitration institution needs to prepare the new and expediting rules with design field characterization. Finally, it has to plan to cooperate with all of the institutions and schools concerned.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.3-31
• /
• 2019

In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.77-100
• /
• 2019

Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.101-120
• /
• 2019

This study examines the development strategies of the arbitration industry in Singapore and Hong Kong, and its purpose is to provide implications for the development of the arbitration industry in South Korea. The main strategies implemented by Singapore and Hong Kong to develop the arbitration industry are as follows: first, improvement of the arbitration law system; second, active support of the government for promoting the arbitration industry; third, build up of an effective arbitration expert training system; and fourth, an arbitration-friendly attitude of the court. In order for South Korea to become an international arbitration hub in Northeast Asia, it is necessary to refer to the above-mentioned strategies. In addition, South Korea needs to develop marketing strategies that can differentiate itself from Singapore and Hong Kong, such as the development of an arbitration system in connection with the 4th Industrial Revolution, differentiation of the disputes sector, use of geographical advantages and a penetration pricing strategy, and support of the Korean Commercial Arbitration Board. In terms of marketing strategy, there are few studies on the development strategy of the arbitration industry in South Korea. In this respect, this study has academic value and differentiation.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.187-210
• /
• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• Journal of Arbitration Studies
• /
• v.30 no.1
• /
• pp.67-86
• /
• 2020

In the case of multiple commerce contracts in commerce, as well as multiple contracts related to it, a solution for the merging of arbitration proceedings is necessary in order to ensure uniformity of dispute resolution. Since the arbitration proceedings are based on the parties' agreement, no merging of two or more arbitration proceedings may transpire unless all parties agree. Claims of merging in arbitration proceedings lead to problems such as lack of party autonomy, resulting from lack of consent of the parties to merging, and how to appoint an arbitrator in a multilateral arbitration proceeding. Many of the major arbitration bodies have recognized the significant benefits of the terms of consolidation, and have recently revised the Arbitration Rules to include or extend existing clauses to reflect the needs of the parties. This study introduces the merging provisions of several selected major arbitration rules, such as the ICC, Switzerland, SCC, LCIA, SIAC, HKIAC, ACICA, and UNCITRAL rules, and looks at the main similarities and differences among the rules.