• 한국중재학회지:중재연구
• /
• 제25권2호
• /
• pp.49-70
• /
• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• International Journal of Quality Innovation
• /
• 제1권1호
• /
• pp.106-120
• /
• 2000

The purpose of this research is to understand the effects of Quality Management Award on stock prices movement and to examine the comparative advantages of quality award system in Korea and the U.S. This study compares the performances of QM Award companies in the stock market with those of the market index in both countries. We develop Korean Quality Award Index(KQA Index) based on the Baldrige Index of NIST in the U.S. We inspect three studies. Study 1 tests if the performances of MB Award winners and S&P500 index have a difference in the stock market. Study 2 tests if the performances of KQA winners and KOSPI(Korean Composite Stock Price Index) have a difference in the stock market. Study 3 tests if the performances of KQA winners and MB Award winners have a difference in the stock market. From the empirical tests, the performances of KQA winners are superior to those of KOSPI and the performances of MB Award winners are superior to those of S&P500 and the performances of MB Award winners are superior to those of KQA winners.

• 품질경영학회지
• /
• 제27권3호
• /
• pp.40-50
• /
• 1999

This paper empirically investigates the impact of winning a quality award by investigating the rate of return of a firm's stock in the stock market, and by analyzing the contribution and effectiveness to a firm's competitiveness. It also compares the effect of firms winning MB(Malcolm Baldrige) award with that of firms winning Korean quality awards on the stock market. A comparative method is used to analyze the change of award-winning firms'rate of return and then they are classified by time-series, cross-sectional, firm's size, award agency, and the year of receiving the award. The number of firms employed in this study is 74, however, multiple award-winning firms are included in the analysis, which increased the sample size to 118. Results indicate that Korean quality awards improve an award-winning firms'market value but not as much as the MB award did.

• 품질경영학회지
• /
• 제35권3호
• /
• pp.55-65
• /
• 2007

The purpose of this study is to analyze the causal relationship among categories in the Korean National Quality Award(KNQA) model. The survey instrument consists of 79 questions from seven categories in the KNQA. Structural Equation Modeling(SEM) is used to analyze the empirical data and estimates the path coefficients among the KNQA categories. The result of this research indicates that Leadership drives systems that create Results through Foundation and Direction. Among eighteen hypotheses, sixteen hypotheses are statistically significant. Especially, this research indicates that Foundation and Direction are important mediating factors.

• 품질경영학회지
• /
• 제26권3호
• /
• pp.100-107
• /
• 1998

To evaluate the total quality activities is the most fundamental and critical process as one of the PDCA cycle. The quality award criteria such as Malcolm Baldrige National Quality Award and Deming Award can be a, pp.ied to the guideline for evaluating quality activities. We can identify several important factors for TQM by referring quality award criteria, but they don't suggest how efficiently implement TQM. In this paper, two methodologies are a, pp.ied to evaluate the TQM activities comparatively. One of them is the traditional scoring system (TSS) by analytic hierarchy process (AHP). TSS is the system which evaluates the performance of TQM by the weighted sum of critical success factors. Several quality award system are typical examples of TSS. The other is the efficiency measuring system (EMS) by data envelop analysis (DEA). DEA outperformed other alternative methods to measure the efficiency and it can be a, pp.ied to evaluate the TQM activities. The evaluation system by DEA can be named as EMS. The objective of this paper is to suggest a model called TAE (Total quality management Activities Evaluation), for evaluating TQM activities. In this model TQM organizations are classified into four types by considering TSS and EMS. Those types are high weighted sum and high efficiency type, high weighted sum and low efficiency type, low weighted sum and high efficiency type, and low weighted sum and low efficiency type. Therefore TQM organizations must not only make efforts to get the higher scores in terms of TSS, but also take necessary steps to enhance their efficiencies.

• 대한안전경영과학회:학술대회논문집
• /
• 대한안전경영과학회 2009년도 추계학술대회
• /
• pp.251-268
• /
• 2009

This study aimed at working out a practical plan in order that National Quality Award may be helpful to develop enterprises. In line with this aim, this study investigated the cases of foreign countries that evaluate the quality managements of enterprises on the basis of the standard model, and the aftereffect of winning the award, and its influence on management performance. Investigation was focused on the companies that won Quality National Award as a result of quality innovation activities and met with good results since then and finally won Korea Quality Grand Prix 3 years after winning the award, and questionnaire was performed to the directors of the competent authorities. The questionnaire was sent by e-mail, and its questions were made with a help from the advisers of National Quality Award. Questions were mostly focused on four parts, the general states of enterprises, the operation system of National Quality Award, the after effect of winning the award, and management performance shown after winning the award.

• 한국중재학회지:중재연구
• /
• 제25권2호
• /
• pp.71-96
• /
• 2015

This paper deals with the annulment of the ICSID(International Centre for Settlement of Investment Disputes) arbitral award. The annulment of the ICSID is characterized by the fact that it can be made possible through the special committee of ICSID only. The annulment of the ICSID was constructed on the premise that it is not an appeal procedure. However in the initial period, it was strongly criticized as it allowed new trials or duplicated many of the functions of an appeal and it broke down the boundary between the two systems. Although the trend seemed to be corrected through its 2nd and 3rd generations, it was still criticized for functioning as a new trial. It is approaching its 4th generation. On the other hand, with the activation of investment agreement arbitration based on ICSID and FTA, a certain degree of consistency is required for the ICSID arbitralaward. Also, with the emphasis on the public features of the arbitration for the investment agreement, the necessity of an appeal system is presented. The ICSID Secretariat published the "Opinion on the Appeal Procedure" in 2004 but as the system was criticized as too early due to the cost allocation problem and others, its adoption of an appeal procedure has been delayed. This paper focuses on how the currently incomplete ICSID arbitration judgment annulment system shall be used. Although it is still hardto expect the quality and consistent arbitral award annulment in the ICSID, this paper suggests that the "annulment without the actual new trial" using the restricted authority of a special commission in a creative way shall be pursued rather than just the actual new trial with or without annulment, thus going back to the original concept of the ICSID arbitral award annulment.

• 품질경영학회지
• /
• 제38권2호
• /
• pp.202-211
• /
• 2010

Many Asian countries operate the national quality award systems. Most of the evaluation criteria of the award systems are generally based on the MalCom Baldrige National Quality Award System of U.S.A. which started since 1987. But their operation systems for awards are different by countries. Comparing the differences among them can give a good benchmark for Korean Quality Award systems. There are poor empirical results that the Korean Quality Awards systems improve the performances of the organizations awarded. This paper proposes some suggestions for the effective operations of Korean quality award systems through the comparison among Asian countries' awarding systems.

• 무역상무연구
• /
• 제31권
• /
• pp.107-134
• /
• 2006

Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

• 한국병원경영학회지
• /
• 제13권3호
• /
• pp.94-113
• /
• 2008

The purpose of this study to develop the Hospital Management Award(HMA) programme which would be a basic information for advancing hospital industry in Korea. HMA programme in the study are designed with general census building method of researchers and with the data of professions opinion which was survey with structured questionnaire Major results of this study are as follows. First, Hospital Management Award(HMA) programme is perceived very necessary and useful for advancing hospital industry of Korea (positive response rate: 93.0%). Second, Criteria, Classification of hospitals may be the function, size and ownership of hospital. Third Evaluating area of hospital management, examining method and evaluation marking points are designed on the basis of hospital management information system. Forth, this study suggests same strategies for execution of the programme. On the basis of the study results this study suggests that Hospital Management Award(HMA) programme would rather actualized in advance by formal institute and/or association. And some in depth studies are required mainly for development of the action plan of HMA programme.