• Journal of Arbitration Studies
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• v.23 no.1
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• pp.85-105
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• 2013

The entertainment industry has developed along with current Korean wave fever, and so entertainment-related disputes are increasing rapidly. Litigation is a poor fit for entertainment disputes because of characteristics such as temporal sensitivity. Thus, in the US, the entertainment industry resolves these disputes through ADR mechanisms like arbitration, but cases of settling such disputes through arbitrations are very rare in Korea. This study examined the characteristics and types of entertainment disputes and considered the compatibility of arbitration as a method for settling disputes, and then suggested tasks for revitalizing arbitration systems as entertainment dispute resolution procedures. Arbitrations have many merits, such as the rapid pace of procedures, confidentiality, satisfying the long-term desires of business relationships, the low cost of settling disputes, judgments rendered by experts, etc.; thus, it is a very suitable mechanism to settle entertainment-related disputes. The study proposes necessary steps for revitalizing arbitration systems for entertainment disputes. First, awareness of entertainment industry workers about the arbitration system should be raised. Second, special educational programs for members the of Korean Commercial Arbitration Board related to entertainment should be set up and operated together with encouraging positive attitudes toward actions like establishing a dedicated arbitration unit on entertainment disputes. Third, neutral, professional arbitrators should be secured and aggressive disclosures made. Fourth, a professional ADR organization such as an "Entertainment Arbitration Committee" should be established.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.37-59
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• 2005

Trade between Korea and Quingdao, Sandongseung has been developed into Private Trade from the Tributary Trade of Silla. Today there are around 6,000 Korean Enterprises in Quingdao, being $22.5\%$ of total Quingdao trades and $60\%$ in the number of investments and monetary scale. Korea is in the first rank among Quingdao's trade parteners. Trade Dispute Settlement System, however, is still in poor condition. It should be improved for the activation of trade. The big solution is the Unification of Arbitration Procedure. For it, First, The staff of The Korean Commercial Arbitration Board should be dispatched to Quingdao Arbitration Commission. Second, there should be common arbitration rules between two institutes.(The Korean Commercial Arbitration Board and Quingdao Arbitration Commission). Third, a single arbitration panel should be made. Fourth, there should be the unification of methods in choosing the place of arbitration and arbitrators. Finally, a common arbitration institute should be installed.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.43-62
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• 2016

The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.27-47
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• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.23-41
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• 2007

The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institutional arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Journal of Arbitration Studies
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• v.28 no.3
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• pp.3-20
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• 2018

Independence and impartiality are the operating core of an arbitration disciplinary mechanism. Due to many factors, illegalities and improper acts in arbitration cases are facts of life in our country, and have greatly damaged the credibility of arbitration. It is necessary for us to perfect the operating mechanism of arbitration discipline from the four pluralistic progressive aspects of disciplining the cause externalization, disciplining the subject duality, the quasi-judicature of disciplinary procedures and the disciplining measures so that the populace can experience fairness and justice in every case. We should perfect the supporting measures such as the strict selection conditions and procedures of arbitrators, improving the quality of the arbitrator team, exploring the management mechanisms and strengthening the evaluation dynamic. An examination is a general investigation and evaluation so as to provide encouragement for being continually engaged as arbitrators, but it does not provide an objective basis of arbitration discipline. It is urgent to perfect the arbitration guarantee system on the basis of meeting the material needs of the arbitrators so as to enhance the sense of professional rank and honour of arbitration.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.109-137
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• 2023

This paper reviews legal framework, characteristics and main contents of the 'Optional Rules for the Arbitration of Disputes Relating to Outer Space Activity' enacted by the Permanent Court of Arbitration (PCA) in 2011. Space activities, which began in the 1950s, are undergoing significant changes according to the international characteristics and development of science and technology. New Space and the space business will be the key factors driving these changes. However, the diversity of disputes caused by New Space space activities and the characteristics of each type of dispute must be considered together. This is because the space business can be maintained and developed by securing the effectiveness of dispute resolution. This paper identifies that the PCA Space Dispute Arbitration Rules have important legislative and policy significance in this respect. Specifically, in this paper, the international space law system, the draft convention of the International Law Association, and the PCA arbitration rules were introduced in an overview of the international dispute settlement system related to space activities. Afterwards, it examines that the systematic structure and some major contents of the PCA Space Dispute Arbitration Rules in detail. Based on this, the paper suggests some points of application of the PCA Arbitration Rules and the legislative policy implications.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.403-424
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• 2004

In the solutions of civil disputes, there are decision of a court and alternative dispute resolution. Arbitration is one of alternative dispute resolutions. The decision of a court is the compulsory settlement and the solution by citizenship between two opposing parties, but arbitration is the autonomous and voluntary settlement by a private person, that is arbitrator. Besides these points, arbitration has various features in comparison with a decision of a court. The procedure of arbitration is not open to the public and single trial system guarantees speedy solution of disputes In the procedure of arbitration, arbitrator who pass judgement is selected and appointed by the parties to an affair. And there are questions how the arbitrator to become independent from them. Because Arbitration is not agreed solution which based on the concession between opposing two parties but imposed solution which is alike decision of a court. This study illustrates the system of challenge on arbitrator to guarantee independence of arbitrators.