• 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.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.135-136
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• 2006

There are several Disputes relating to the delimitation of maritime boundary and the policy of maritime jurisdiction of the states around the Korea Peninsula. These disputes are connected with the place of 'Tokdo' dominated practically by Korea, 'Senkaku islands' dominated practically by Japan, and 'Kurile islands' that is under disputing between Russia and Japan. North Korea has also the problem. The delimitation of Maritime Boundary among these States would be concluded in very near future. Therefore, we need to understand the maritime jurisdiction policy of these states. South Korea also has to set the policy.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2008.04a
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• pp.876-878
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• 2008

The standards of acceptable limit and compensation is one of the most important things in environmental noise and vibration disputes resolution. In this paper, review on the present acceptable limit level and compensation standard in National Environmental Dispute Resolution Commission is introduced. Discordance of standards between in the regulation law and in the dispute resolution commission and it's improvement are discussed. Abnormal reasoning for compensation standards is pointed out from a author's private view.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2001.11a
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• pp.108-113
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• 2001

Recently people have come to demand more pleasant environments as the quality and right of life have been improved. Along with industrial development, the tendency is causing a growing number of disputes concerning environmental damages. Of many kinds of environmental damages, noise and vibration pollution rising at construction fields are particularly the most common subjects of public grievance. Thus the government launched the Environmental Dispute Mediation Committee in 1991, purposing to utilize fully the promptness and expertise of administrative institutes and to resolve environmental damage disputes promptly and fairly by interfering in them actively. With the prompt and fair dispute mediations of the committee, people came to be able to get fair and prompt remedies for damages in their health and fortune by environmental pollution. Therefore, by analyzing dispute mediation cases on construction noise and vibration damages, we will suggest basic material on which efficient actions can be taken for public grievances happening in the future.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.151-182
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• 2006

The International Institute for the Unification of Private Law (UNIDROIT) established UNIDROIT principles, which could be applicable as international unified rules. The UNIDROIT Principles plays the role of interpreting and complementing CISG and functions as a law applicable to international commercial disputes. As shown by cases of practical application so far, the principles are expected to be applied frequently to international commercial arbitration in the future. In the situation that there is no internationally unified judicature, it is necessary to promote rational dispute resolution and legal stability through arbitration by adopting the UNIDROIT Principles of Lex Mercatoria as a governing law of international commercial contracts. In conclusion, UNIDROIT principles, along with CISG, are expected to playa great role as the applicable law of international commercial contracts and as standards for resolving international commercial disputes.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.87-122
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• 1998

This study reports on the Arbitration system in the China International Economic and Trade Arbitration commission (CIETAC) and the International Arbitration problems of Korea and China. The Chines laws including Arbitration laws are influenced by the civil Code system Particulary the German system. China is contracting state of the U N Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), which became effective in the China April 22, 1987. International Commercial Arbitration is popular in China. CIETAC is the sole International Commercial Arbitration body in China. CIETAC has two sub-commissions, on is shen zhem S E Z and the other in shanghai. The CIETAC rules, are similar to the rules in effect in Countries using a civil Code system. Both an agreement to submit an existing dispute to Arbitration and an Arbitration clause in a contract relating to future disputes are recognizeal as valiad Arbitration agreements. CIETAC has the power to make a decision on disputes concering the validity of the Arbitration agreements, or jurisdiction over a specicific case.

• International Commerce and Information Review
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• v.10 no.3
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• pp.369-389
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• 2008

The purpose of this paper is to study on relations between alliance types and firm's characteristics in Korean semiconductor industry to prevent trade disputes. The recognition of firms' business strategies tend to be subjective and there is a limitation to use the guiding principles due to subjectivity. If there are additional guiding principles which view strategic alliances in relation to more objective characteristics associated with firms, such as their size, function, scope, and location, they will be useful tools for executives and managers in their business practices. We analyze strategic alliances how firms; external characteristics become decision factors for selecting appropriate forms of strategic alliances. Previous research works with focus on alliance forms are reviewed, then an analytical framework is described with certain categorization of firms' characteristics and alliance forms.

• 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.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.123-124
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• 2015

The project participants make use of floats for their benefits. The owner may consume floats in an event of issuing change order(s) and may avoid the risk factors attributed by them; the contractor may reduce activities' costs by substituting the activity with alternative construction method and by leveling the resources, hence consuming floats. There are a lot of disputes and claims involved in the float ownership issue. The ownership of floats should be stipulated in the contract stage. To alleviate these disputes and claims, it is commendable to develop a computational method that quantifies the float value. This paper presents the method that computes the values of total floats which changes over the project life span. The system calculates CPM, compute the ratio of area of banana curve which is enclosed by earliest start curve and latest start-curve.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.133-152
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• 2013

Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.