• Survey Research
• /
• v.11 no.3
• /
• pp.57-79
• /
• 2010

This study evaluated the policy performance of i) Public Notice of Critical Information, ii) Substantiation of Facts in Labeling and Advertising, iii) Temporary Injunctions, and iv) Advertisement Correcting Misrepresented Facts, which were main policies belonged to Fair Labeling and Advertising Act(hereinafter referred to as "FLA Act"). The data was collected by visiting 76 persons personally, who were consumer policy and law experts, labeling and advertising staffs of corporations, and persons in charge of policies including public officials dealing with consumer policies at Korea Fair Trade Commission, while using a structured questionnaire at the same time. The survey was performed to examine the general policy performance and evaluation the results of FLA Act by evaluation methods. The results of the analysis are comprehensively summarized as follows. There were differences in the ranking of policies evaluated by labeling and advertising staffs of corporations and persons in charge of policies according to evaluation methods, and, in Simple Evaluation, higher scores were gained compared to Weighted Evaluation which reflected weighted values or Fuzzy Evaluation. The result shows that evaluation results can vary in policy performance evaluation according to evaluation methods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.131-149
• /
• 2000

In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.