• 한국중재학회지:중재연구
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• 제28권2호
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• pp.137-163
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• 2018

Efficiency in the arbitration proceedings and finality of arbitral awards have been key attractive features of arbitration. While finality of awards is due to the fact that there is no appeals mechanism in arbitration, other recourses that are available against arbitral awards threaten the integrity of finality of arbitral awards. This article examines some of these recourses, such as, setting aside of arbitral awards pursuant to the UNCITRAL Model Law, scrutiny of draft awards by arbitration institutions, and annulment proceedings of ICSID Convention awards and discusses the implications of these measures in relation to assuring finality of arbitral awards in international commercial and investment arbitration cases. In order to more effectively respect the disputing parties' autonomy in choosing arbitration, and also to give as much deference to arbitral tribunals' decisions and their discretion in reaching their decisions, it is proposed that an official appellate mechanism would be preferred over the undermining of finality of arbitral awards that have been taking place through the currently available exclusive recourses against arbitral awards.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.201-216
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• 2018

After the adoption of the Lisbon Treaty, the European Union's Common Commercial Policy now belongs to the exclusive competence area of the EU, including the foreign direct investment (FDI) policy. Regarding the bilateral investment protection treaties (BITs) between the EU Member States, the European Commission is of the view that such BITs should be discarded. On March 6, 2018, the Court of Justice of the European Union (CJEU) held in the Achmea BV v. Slovakia case that a BIT between the EU Member States, as well as arbitral awards based on that BIT, is not subject to request for preliminary rulings under the Treaty on the Functioning of the European Union (TFEU), and thus they are not compatible with the EU law. However, the judgment did not silence the controversy. Instead, many people questioned the legal reasoning and the legitimacy of judgment, and therefore the problem is still ongoing.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.67-89
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• 2018

An arbitration has great strength in the sense that it is a more rapid dispute resolution than a trial, and is means of dispute settlement for an achievement of the purpose which is the improvement of the rights and interests of consumers. Because the remedy of consumers' damage currently has not worked well, discussions about consumer arbitration as a universal Alternative Dispute Resolution (ADR) is needed. The core of the ADR is not only the professionality and neutrality of an arbitrator and a mediator, but also the non-impairment of the arbitration proceeding's fairness. In addition, it also has both economic feasibility and efficiency. Furthermore, providing an institutional strategy is necessary to ensure fairness in an arbitration award.

• 한국중재학회지:중재연구
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• 제25권4호
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• pp.97-117
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• 2015

As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.175-230
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• 2016

The controversies that have surrounded the negotiation of both the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) have underlined the difficulties arising out from the adoption of a truly common EU investment policy. Non-governmental organizations have called into question transparency and legitimacy of international investment arbitration during the negotiations. The article presents a reflection about current developments of the EU investment policy addressing, in particular, the criticisms towards the whole investor-to-State system and the EU's efforts in developing a "tailor-made" investment agreement and Investor-to-State Dispute resolution system. Along these lines, the article critically assesses the recently announced proposal for the establishment of an 'Investment Court System' put forward by the EU during the TTIP negotiations.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.27-50
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• 2016

International arbitration as a dispute resolution mechanism in Asia is growing in popularity. Singapore has long been acknowledged as a regional arbitration center but Korea is now facing an increased demand as an arbitration center as well. As Singapore competes with Hong Kong and other international arbitration centers, and as Korea tries to become an alternative to Singapore, both Singapore and Korea have updated their arbitral laws and arbitration rules to reflect the current international arbitration trends. This paper examines the recent changes in the arbitration laws of Singapore and Korea, with an emphasis on recent changes in Korean arbitration laws that are designed to increase Korea's popularity as a regional arbitration center. Though Korea's reputation as an arbitration center is increasing, it is still not viewed as a major arbitration service provider. It is against this backdrop that Korea's international arbitration laws and rules will be viewed, with suggested changes to increase Korea's reputation as not only a regional hub but a center of international arbitration.

• 한국중재학회지:중재연구
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• 제25권4호
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• pp.25-49
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• 2015

That the arbitration will begin with an arbitrator to be done by the arbitrator is not too much to say. The arbitrator shall have a decisive influence on the outcome of an arbitration in any arbitral right to award arbitration. As demonstrated in sayings like "Good arbitration is a good arbitrator" and "Arbitration is as arbitrator", professionalism and fairness are the basis for the arbitration procedure. Parties qualifications and authority of the arbitrator shall be a dispute-resolution process, requiring special attention and special care because the careful review of the arbitration award itself exerts a significant influence on the selection of an arbitrator. Therefore, this paper, first, analyzes the meaning of international arbitrators as a general overview of international arbitrators, qualifications, etc. and looks for focuses of the role. Next, the purpose of this paper is to seek ways to expand trade and international arbitration institutions in international transactions by examining training plans such as for international arbitrators.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.77-94
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• 2017

The United States has used legal theoretical constructions such as equitable estoppel and the third party beneficiary under which non-signatories of an arbitration agreement can be bound to the arbitration agreement of others. The third party beneficiary theory has been used when a signatory defendant argues that a non-signatory plaintiff is bound by an arbitration agreement, or a non-signatory defendant argues that a signatory plaintiff is required to arbitrate the plaintiff's claims against the non-signatory. On the other hand, equitable estoppel has developed as two distinct theories. According to the first theory, if a non-signatory party knowingly accepted the benefits of an agreement, it can be estopped from denying its obligation to arbitrate. The second theory compels a signatory to arbitrate because of the close relationship between the entities involved and the fact that the claims were intimately founded in and intertwined with the underlying contract obligations.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.3-31
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• 2017

Legal tech is commonly considered as the use of software and technology in the process of providing legal services. It is disrupting the method in which legal services are traditionally rendered, and under the buzz word "e-arbitration" also extends to the area of international commercial arbitration. This article aims to give an introduction into the most pertinent issues in "e-arbitration", starting with an attempt at defining the term "e-arbitration" and with an overview of some of the service providers. It goes on to address the use of information technology in international arbitration and concludes with an analysis of key legal issues arising when various aspects of the arbitral process are commenced, conducted or concluded in digital form.

• Bulletin of the Korean Chemical Society
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• 제34권1호
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• pp.139-142
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• 2013

A study was carried out to evaluate the solid phase micro-extraction (SPME) for formaldehyde emission analysis of uncoated plywood. In SPME, formaldehyde was on-fiber derivatized through headspace extraction and analyzed by gas chromatography coupled with mass spectrometry (GC/MS). The SPME was compared with desiccators (DC-JAS 233), small-scale chamber (SSC-ASTM D6007) and liquid-liquid extraction (LLE-EPA 556) methods which were performed in accordance with their respective standards. Compared to SSC (RSD 4.3%) and LLE (RSD 5.0%), the SPME method showed better repeatability (RSD 1.8%) and not much difference from DC (RSD 1.4%). The SPME has proven to be highly precise (at 95% confidence level) with better recovery (REC 102%). Validation of the SPME method for formaldehyde quantitative analysis was evidenced. In addition, the SPME by air sampling directly from plywood specimens (SPME-W) correlated best with DC ($r^2$ = 0.983), followed by LLE ($r^2$ = 0.950) and SSC ($r^2$ = 0.935).