• Journal of Arbitration Studies
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• v.15 no.2
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• pp.93-123
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• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• Journal of the Korea Society of Computer and Information
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• v.19 no.2
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• pp.91-99
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• 2014

This paper is about design and implementation of 'SeaMap' importer module which is for map-based application using 'SeaMap' data. 'SeaMap' data importer is a module that reads 'SeaMap' data in consistent form and offers using easily change the format and the internal data structure in the application. Design of data importer module is based on analyzing characteristic of 'SeaMap'. The comparative analysis between the data type of 'SeaMap' and standard S-57 Electronic Navigation Chart (ENC) of the International Hydrographic Organization (IHO), based on this, to be applicable of S-52 standards 'SeaMap' data is defined as a structure of data. The importer module is designed and converted to allow to use distribution type of 'SeaMap' data sets in map application, parsing 'SeaMap' data around the object defining transformation data structure. In addition, we implemented a 'SeaMap' data viewer in order to test our 'SeaMap' data importer module.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.305-327
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• 2018

Export Intermediaries engage in an exporter's side transaction with an importer's side, both of which are customers of these intermediaries. Therefore, dyadic perspectives implied in conventional theories of customer orientation should be revised to apply to a triadic relationship systemin indirect export settings. The present manuscript proposed that customer orientation of export intermediaries consists of total customer orientation toward both the exporter and importer sides and customer orientation asymmetry, which is customer orientation in favor of the exporter relative to the importer side, and examines the antecedents and outcomes of these orientations. It is posited that each side attention increases total customer orientation and customer orientation asymmetry toward exporters or importers. These positive effects would be weaker when importers and exporters interact directly versus indirectly and would be stronger when the offering prices vary versus remain stable during negotiations. Lastly, total customer orientation would increase export intermediaries' performance by itself and in interaction with customer attention. Nonetheless, orientation asymmetry would increase their outcomes in line with customer attention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.127-155
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• 2010

The international transactions of capital goods such as industrial plant exports, overseas constructions, and shipbuilding exports, are so huge that tremendous amount of funds are required, and that most of the loans are long-term credits of over five years. In the export of huge capital goods, financing is more crucial than technology itself. Some of the importing countries are developing ones that are politically and economically unstable. Therefore the financing mechanism for these transactions is conclusive in winning these projects. Global financial market instability caused by US sub-prime mortgage financial crisis expanded all over the world, and the international transactions have been decreased due to global credit crisis. This indicates how much influential the financing market is in international transactions. The financing schemes are classified into supplier credit and buyer credit by who provides the financing. A supplier credit is a credit extended by an exporter(seller) to an importer(buyer) as part of an export contract. Cover for this transaction may be extended by an export credit agency('ECA') to the exporter. In a sales contract a seller shall provide fund required to manufacture goods, and in a construction contract a contractor shall provide fund required to complete a construction. A buyer credit is an arrangement in which an exporter enters into a contract with an importer, which is financed by means of a loan agreement A Comparative Study on a Supplier Credit and a Buyer Credit in International Transactions of Capital Goods 155 where the borrower is the importer. In a sales contract a buyer shall provide fund required to manufacture and procure the goods, and in a construction contract an owner shall provide fund required to complete a construction. Therefore an exporter is paid on progressive payment method. A supplier credit and a buyer credit have their own advantages and disadvantages in the respect of the parties respectively. These two financing methods are selectively used considering financing conditions such as funding cost, importer's and/or exporter's financial conditions, importing country's political risk.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.169-198
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• 2009

This paper sees some legal phases of the forfaiting transactions performed by using bills of exchange (drafts) or promissory notes. It focuses on the issues of the endorsement without recourse and the aval under the Korean statute for such negotiable instruments which is enacted by succeeding to the Convention Providing a Uniform Law For Bills of Exchange and Promissory Notes (Geneva, 1930) of the League of Nations. This paper purposes to give basic legal guides for forfaiting participants in order for them to be able to prevent and solve some problems caused by lack of understanding for relevant rules of law. Forfaiting is a useful technic as it provides financing for international export businesses by enabling forfaiters to discount future payment obligations on non-recourse basis. It gives benefits to exporters by removing political, transfer and commercial risks of importers or their country. Also it protects exporters from the risks of the increase of interest rates and the fluctuation of exchange rate as well. In traditionally normal forfaiting transactions, exporter of goods generally takes promissory notes or accepted drafts from importers in payment for the price of goods. Further, when the exporter is not comfortable with the importer's credit or is not confident whether the importer will pay the accepted drafts or the promissory notes as they come due, the exporter nomally requires the importer to make the importer's bank (avalizer or guarantor) add an aval, which is made by the written expression of intention, the words of "per aval", and the guarantor's signature on the drafts or promissory notes. The exporter endorses without recourse to transfer the drafts or the promissory notes to the forfaiter, typically a bank, who purchases the drafts or the promissory notes without recourse.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.49-69
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• 2008

This study is to analyze the case law on the disputes of the ex-im contract of steel bar from Yugoslav to Egypt, for which awards were made by the ICC Arbitration Court, trying to find out the characteristic approach of the tribunal toward arbitration case dealing with socialistic country, Yugoslav and Islamic Egypt. An Egyptian importer and an Yugoslavian Exporter concluded a contract, with an option to purchase an additional quantity. for the steel bar. The importer exercised this option as provided in the contract. But the exporter refused to honor the option, due to the fact that the world market price for the steel bar has gone up. As a result, the importer had to purchase the steel bar as a replacement from a Rumanian company at the price higher than the original contract. And it has initiated arbitration under the arbitration clause at the ICC Arbitration Court to claim compensation for the loss due to the price difference. CISG and ULIS were closely studied along with the Yugoslav Law to determine whether the exporter could be exempted from the liability to damages. But the tribunal denied to accept the exporter's contention. The tribunal decided that the importer was entitled to damages due to the exporter's failure to deliver the additional quantity of goods at the original price. It was due to the fact that the price increase was not extremely sudden & high enough to exceed a reasonable entrepreneurial risk and also could be taken into account when concluding the contract.

• Journal of Distribution Research
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• v.10 no.3
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• pp.37-58
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• 2005

This study develops and tests a model of benevolence of an importer towards a foreign exporter. The model posits that an importer's benevolence increases business performance of the relationship. The model also posits that the importer's allocentrism, international orientation, and nationalism affect the relationship between benevolence and performance. The survey results with a sample of importers support most of the hypotheses, except for the moderating effect of nationalism Managerial implications are discussed.

• The Research Journal of the Costume Culture
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• v.7 no.1
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• pp.141-153
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• 1999

To be successful, Korean exporters must understand how importers identify and select suppliers. This empirically based study investigate Korean exporter\`s perceptions of the supply selection criteria and information sources in US importers use. The specific purposes of this study were to identify the importance of the supply selection criteria and information sources and to examine the effects of the amount of export on the supply selection criteria and information sources in US importer use. For this study, data were obtained from Korean exporters by means of self-administered questionnaires. The questionnaires consisted of a series of statements covering a broad of specific selection criteria and information sources and exports\` characteristics including average annual amount of export. Using a base of 312 exporters, data were analysed by using mean, one-way ANOVA, and Ducan test. Major findings if this study summarized as follows; 1) Korean exporters perceived that US importers would place importances on product price, deliverly reliability, product wordsmanship-quality, and length of deliverly lead-time, in orders. Also, the more amount of export was, the higher product wordsmanship-quality, availability of piece goods and trims, and communication channel were importantly rate. 2) Korean exporters considered the third party sources, such as recommendation from trade association and buying office and import agency, as the most important information source in US importer use. Also, There was tendency that the more amount of export was, the more information sources on suppliers was importantly evaluated. From this study, several recommendation were suggested forward to encourage export in international apparel market.

• The Journal of Fisheries Business Administration
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• v.36 no.1 s.67
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• pp.51-79
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• 2005

The main propose of this study is to analyze of the Chinese Fisheries Products competitiveness in Korean Market. This study was using a model of working partnerships by James C. Anderson & James A. Narus(1990). That is, Support is found for a number of the hypothesized construct relations and in both manufacture firm and distributor firm model, for the respecification of cooperation as an antecedent rather than a consequence of trust. This study was able to apply this model's intention for the relationship between Chinese fisheries products exporter and Korean importer, because I thought that competitiveness of trade market was based on relationship between the two countries traders. The results of this study are summarized as follows. As the above result, the several hypothesized correlation among the factors were significant. These results was tried to apply the competitiveness degree index as main factors among the countries, The method of measuring competitiveness .degree index was [(outcome + influence + communication + coopration + trust + satisfaction) - conflict, In result, China was 21.5583, USA was 20.2667, East Asia was 18.79126, EU was 18.4723, Russia was 16.3858.

• Proceedings of the Safety Management and Science Conference
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• 2012.04a
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• pp.371-380
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• 2012

Although all costs concerned in transportation be separated by region and each terms and conditions of Incoterms that state cleary them who have to pay the charges. But, almost lcl exporters donot want to pay their charges the carriers at loading port eventhough they make the contracts with the importer as FOB and CFR of Incoterms. And the carrier have been do not bill the FOB charges to the shipper. Now, there are no more Incoterms in LCL transportation. So, the importer have been payed loading port charges twice, first, the contract with the shipper, secondly, through the destination charge. These problems make decreasing of trading volume and increasing of logistics costs. We suggest every traders and carriers separate the costs as per the price terms and conditions of incoterms and bill/receive the costs separated the trader who have to pay the charges as per their price terms. It will bring mutual success in the world and increasing trade.