• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.185-204
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• 1998

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.173-199
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• 2005

The MIA 1906, s.78(4) provides that it is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss. In many cases the statutory duty will be unimportant, since rights, duties and liabilities declared by the Act or implied into marine insurance contracts by law may be modified by agreement, and many contracts contains a sue and labour clause which effectively reproduces and/or to modifies the statutory duty. The effect of such contractual provisions will, of course, be a matter of construction, though modern sue and labour clauses tend to reflect the principles contains in section 78. However, it must not be assumed that the terms of all contractual sue and labour clauses are, or will remain, identical, either with each other or with the statutory duty. The purpose of this study is to clarify the ambit of sue and labour.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.43-59
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• 2011

Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.55-78
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• 2011

This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

• Journal of the military operations research society of Korea
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• v.31 no.1
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• pp.14-25
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• 2005

Defense offset is considered to be all effective way of acquiring defense critical technologies and arms components as a counter-trade obligation ill defense acquisition contracts. Although arranging the offset contracts is wide]y perceived as necessary, there hardly exists an acceptable model of valuation of the offset technology. By undertaking the technology valuation approach and applying the option approach tn the offset program, we present an offset technology valuation model that maximizes social net benefit of the countries transferring the technology. This article applies our model to an actual case of defense technology transfer in the Republic of Korea. The contribution of this paper is in applying the option approach to the valuation of defense onset technology, providing for the additional flexibility to tile analysis. Our research suggests several policy implications that can be applied to the actual process of defense offsets. Our results elucidate managers' role and responsibilities in designing such a process by applying option approaches.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.169-183
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• 2013

Egypt has gone through a major metamorphosis following the Egyptian Revolution that began on 25 January 2011. The aim of this article is to analyze the influence of the aforementioned metamorphoses on the Egyptian Arbitration Law and Practice and to shed light on the recent developments of the latter. Whilst positive legislative amendments have been recently achieved with regards to enforcement of arbitral awards, it is crystal clear that the January 2011 Revolution has negatively impacted the jurisprudence of the Administrative Court of the Conseil d'Etat which has annulled several arbitration clauses enshrined in contracts related to privatization. However, save for disputes arising from administrative contracts, Egypt has been and shall remain a friendly seat of Arbitration as it possesses an arbitration-friendly legislation, its Ordinary Judicial Courts are familiarized with international arbitration practice and it has a prominent and famous arbitration Centre.

• International Commerce and Information Review
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• v.11 no.2
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• pp.329-342
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• 2009

The purpose of this study was to identify the issues which how situational constraints of negotiation affect outcomes. To achieve the purpose of this research, a multiple regression model was set up to identify the relationships between situational constraints of negotiation and negotiation outcome on international trade contracts. To implement the study, empirical questionnaires were collected from Korean business men who have actually conducted international trade with foreign firms. Reliability analysis and factor analysis were used to assess the reliability and validity of research variables. and multiple regression analysis were used for testing the relationships between situational constraints of negotiation and negotiation outcome. From this study, following results were identified; i) situational constraints of negotiation effects on negotiation outcomes ii) arbitrary and continuous situations affect significantly positive on negotiation outcomes iii) submissive situations affect significantly negative effects on negotiation outcomes In conclusion, participant of negotiation and their managers try to promote negotiation situation toward to arbitrary and continuous situations if they have any availability.

• International Commerce and Information Review
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• v.9 no.1
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• pp.169-186
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• 2007

The purpose of this study analyzes laying stress on Japan example that background of electronic issue of international meritime insurance policy is what, and is marched in some degree present. and this study presented what hereafter subject of electronic insurance plice is. The this paper is to study the current situations of trade financial EDI in Japan and problems in application of marine insurance contracts. The subject of electronic marine policy issue is as following in trade financing EDI. (1) application of electronic document in claim demand. (2) standardization of various documents and insurance plice data. (3) insurance compensation document that become Jeonjahwa in insurance accident settlement. (4) maritime Insurance policy agreement's establishment. (5) when is monopolized to third party, realization of electronic maritime insurance policy offer.

• Korean System Dynamics Review
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• v.5 no.1
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• pp.5-33
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• 2004

This study explores how agents would make decisions responding to control mechanism in contractual relationship of their firm. Focusing on agent's averse behavior against control, system dynamics model for agent's opportunistic behavior is developed in view of agent theory and control theory. This SD model shows that control mechanism by contracts doesn't always play a positive role on corporate decision-making process and Control, especially in the over-controlled contracts, often makes a paradox accelerating agent's opportunistic behavior unexpectedly. This paradox provides us both theoretical and practical implications for the relationship between control mechanism and autonomous behavior for sustainable corporate management.