• 한국중재학회지:중재연구
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• 제22권1호
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• 환경정책연구
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• 제13권4호
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• pp.161-190
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• 2014

나고야 의정서가 평창에서 열리는 UNCBD COP12 기간 중인 2014년 10월 12일에 발효되었다. 이러한 상황에서 본 논문은 나고야 의정서 발효에 따른 쟁점과 외국의 입법례를 분석하여 우리나라 입법안의 개선점을 비롯한 향후 대응 방안에 대해 고찰하였다. 외국의 입법례는 국제환경법 체제 구축에 선도적인 역할을 하는 EU와 대표적인 유전자원 제공국이라 할 수 있는 중국의 입법례를 분석하였다. 이러한 고찰을 통해 우리나라는 나고야 의정서관련 사인과 국가간의 분쟁해결절차 마련과 한중일의 월경성 자원 및 관련 전통지식에 대한 공동 관리를 국제사회에 주장하는 것이 필요하며, 국내적으로는 유전자원 관리 책임기관을 통합하는 방향으로 입법안을 개선하는 것 등이 필요하다.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.29-47
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• 2014

In recent years, with the rapid development of electronic commerce, companies engaging in e-commerce want to take advantage of fast and easy way to solve ever-growing disputes online. South Korea's e-commerce disputes are mainly solved by mediation process of Korea E-commerce Mediation Committee. The whole process of online mediation can be carried out by the network, with the advantages of high efficiency and speed. On the other hand, the introduction of CIETAC's online Arbitration Rules in China meets the actual needs. Especially the requirement of hearing trials' procedures should be easier and faster, making the dispute can be resolved in a short time. Furthermore, the whole process from applying to ruling is conducted online, which meets the needs of e-commerce business that want to solve the disputes faster and more efficient. In addition, the cost of online arbitration is much lower than the average arbitrations. The implementation of the CIETAC's Online Arbitration Rules, will further promote the development of e-commerce in China. With the increase of trade volume between China and Korea, the e-business are also increasing. Although South Korea has not yet implemented online arbitration until now, CIETAC's effort for combining arbitration and mediation have good implications for development Korea's e-commerce online dispute system to promote e-Commerce between Korea and China.

• 한국중재학회지:중재연구
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• 제16권3호
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• pp.191-216
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• 2006

It has been talked about the responsibility of the South-North Korean e-market place(e-MP) collaboration project every you since 2003. However, the feasibility as the business has not been dealt with in detail due to the uncertain environment as well as the complicated procedures of the project. The research focuses on the workable mechanism of the South-North Korean E-Market Place collaboration project. The feasibility of the project results from the newly installed fiber telecommunication network as well as the 1 billion dollars of the trading volume between South and North Korea. The research analyzes on the capabilities as well as willingness of the South and North Korea for the e-MP, and concludes with two paradigms of the future tasks. First, the unified but step-wise structure should be made to promote the project by the political committee (South and North Korea EC Committee) and the economical administration body (South and North Korea EC Corporation). Second, the market-oriented resolution system such as South and North Korea Arbitration Body should be involved to create legal environment. Above all, the discussion should be on the main body of e-MP settlement to abolish the psychological as well as practical barriers to enter the South-North Korean electronic commerce.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.239-282
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• 2019

The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.337-372
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• 2003

Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not worry about the consequences of the arbitrators' failure to apply the law. This article tracked the evolution of the arbitration process, through amendments to the pertinent securities arbitration codes of procedure, from an informal proceeding into a quasi-judicial one. Subsequently, I examined the practical difficulties arbitrators encounter in their efforts to apply the law. The Court in McMahon assumed arbitrators would apply the law and that the “manifest disregard” standard would provide sufficient judicial oversight to ensure that they did. But there is no meaningful review of arbitration awards to assure arbitrators are applying the law. Arbitration awards have no value as precedent for future arbitrations. Accordingly, there appears to be little reason to write such an award, particularly if the end result is an award immune from challenge no matter how the panel ruled. In these days, securities arbitration as a disputes resolution system is becoming a more popular practice. The trend of the courts in America has been to enforce arbitration agreements. Moreover arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. Therefore I think it would be necessary to introduce securities arbitration system to our disputes resolution system Compared to American practices, there could be, of course, many differences in recognition on arbitration and legal structure in our country. Thus it will be an assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us.

• 한국중재학회지:중재연구
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• 제31권4호
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• pp.137-160
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• 2021

The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

• 무역상무연구
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• 제47권
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• pp.79-104
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• 2010

The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.3-19
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• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• 한국중재학회지:중재연구
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• 제28권4호
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.