• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• Korea Trade Review
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• v.41 no.5
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• pp.15-39
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• 2016

Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.27-46
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• 2013

The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

• International Commerce and Information Review
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• v.1 no.2
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• pp.229-247
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• 1999

Where a paper document, a manual signature, or negotiability is required in statute, then solutions must be found through a change in the law. However, where the problem originates in commercial usage, then the solution can be easier, and speedy. Certainly, nearly all of the functions that paper document provides can be equally, or better, satisfied by electronic means. That is, Electronic Commerce(EC), which has been increasing rapidly and is a new type of transaction, may be hindered by legal obstacles to use of Electronic Message, or by uncertainty to its legal effect and validity. Therefore, it is important to sustain legal effect to Electronic Message for the prosperity of EC The one of solutions is to use reliable Electronic signature system by Certification Authority to verify the authenticity of Electronic Message.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.99-127
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• 2003

Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.

• International Commerce and Information Review
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• v.4 no.2
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• pp.233-252
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• 2002

This thesis is designed to draw up scheme for human resources development of the Korean software industry. Its concrete scheme is as follows. That is, IT professionals with international competitiveness should be cultivated, and a human resource development system, which can flexibly meet the market demands, has to be built. Pool of specialized programmers is necessary condition for achieving competitiveness in Korean software industry. Reeducation is also desirable to embody the agile productive capability into the existing human resources for new challenges in the industry. Well-organized human resources database will also make it easy to match new demand and to lower the transaction cost in switching jobs. To cope with the rapidly changing environment actively, human resource development and training system improvement through the cooperation with the concerned industries, universities, research centers and the government must be settled immediately.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.237-256
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• 2000

Electronic commerce has been threatening to address the transaction inefficiencies in international trade that is conducted through letters of credit(L/Cs) and other forms of traditional paper-based financial instruments. The replacement of traditional paper documets with electronic alternatives is becoming more of a relity within a number of business sectors. The conceptual model of electronic L/Cs presented in this paper is intended to provide a framework for discussing the development of a paperless credit. The TradeCard network provides a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet. Sellers and Buyers should select the best payment methods of traditional L/Cs, electronic L/Cs, TradeCard, Bank Credit Card etc. in consideration of their business circumstances.

• International Commerce and Information Review
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• v.9 no.3
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• pp.107-129
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• 2007

In 1990s, both development of internet and digital economy would make new products such as digital goods. Recently, digital goods composed of softwares, digital contents, and digital services have grown up rapidly in the world market. Characteristics of goods and transaction forms in the international trade of digital goods is different from those of traditional goods. Thus, this difference would appear a new risk that did not exist in the international trade of traditional goods. Identification and confirmation about unique export risks of digital goods would be necessary to the increase of export of digital goods needs; however, in spite of the importance, very few studies have been based on the export risks of digital goods particularly in research on the relationships between export risk management and export performance. This study classifies the types of export risks based on the previous studies, and examines the relationship between both management and identification of export risks.

• Korea Trade Review
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• v.44 no.4
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• pp.101-114
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• 2019

E-business enables SMEs to reduce transaction costs and maintain export competitiveness in rapidly changing overseas markets. It is required to raise the entrepreneurial awareness of e-business of exporting SMEs. This study examines the characteristics of enterprises that play an important role in the introduction and utilization of e-business by domestic export SMEs. It explores the mechanisms that search and exploit these opportunities in an entrepreneurial way, and examines the process leading to export performance. We conducted a survey for empirical analysis and analyzed the data from 316 companies using e-business in Korea. As a result, both the international entrepreneurial orientation and the IT competence tended to be significant for the perception of e-business entrepreneurs and showed a different pattern in terms of size of influence. In addition, cooperation and operation among e-business entrepreneurs' perceptions have a direct impact on the export performance of SMEs.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.237-242
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• 2021

The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.