• Korea Trade Review
• /
• v.43 no.1
• /
• pp.91-107
• /
• 2018

This study considers the activation of the Asia Pacific Maritime Arbitration Center(APMAC) established for the first time in South Korea. This research investigates the suitability of arbitration for maritime disputes through literature review, as well as the importance and expectations of the establishment of the APMAC. In order to activate the APMAC, maritime arbitration rules must be established. Second, a cooperative body should be established between the courts and related institutions. Third, related institutions need to creat a short term and long term promotion plan. Fourth, the APMAC should appoint professional arbitrators in the maritime field. Fifth, an educational system should be established for new arbitrators. Finally, APMAC should link to universities for research activities.

• Journal of Arbitration Studies
• /
• v.13 no.1
• /
• pp.73-97
• /
• 2003

• The Journal of the Korea Contents Association
• /
• v.11 no.4
• /
• pp.225-234
• /
• 2011

The purpose of this study was to survey the intervention model, intervention settings, intervention time, factors influencing selection of intervention model, relationship between intervention model and areas which supporting center for special education based occupational therapist was using. Study data were provided by 46 therapy supporting service professionals through e-mail and analyzed. The findings indicated that first, the therapy supporting service professionals often employed a direct therapy(individual) focusing on performance component of child. Second, they believed that direct therapy is most effective in improving children's performance and raising awareness of the importance of occupational therapy. Third, when choose intervention model, they took into consideration the child's performance components deficits and mind of team chief. Fourth, no correlation between the application time and the perception of effectiveness of intervention model. Also didn't find correlation between applying time of intervention model and intervention area. When putting the various research result together, the model school-based occupational therapists using was similar to medical model. Therefore it is need a study to develop effective intervention model and apply it in school environment.

• Journal of Arbitration Studies
• /
• v.26 no.1
• /
• pp.107-134
• /
• 2016

International arbitration is the important field of applying CISG and the backbone of uniform law developed by CISG. Now CIETAC tribunals like courts of contracting states apply CISG precisely, which is beneficial to improving the quality and the credit of arbitral cases. Arbitration has the characters of independence and the non-government. the legal foundation of arbitral tribunal's applying CISG are the national arbitral law, the applicable arbitral procedures and usages of arbitration, not for performing international obligations under the CISG. CIETAC mainly use China Contract Law and CISG over the cases of sale of goods. Because of no provisions on recovery of differential price loss (equal to article 75 and 76 of CISG) Chinese tribunals have more discretion in determining the sum of damages under the China Contract Law. Applying China Contract Law may not beneficial to aggrieved party.

• Korea Trade Review
• /
• v.48 no.4
• /
• pp.67-92
• /
• 2023

In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

• The Journal of Korean Academy of Sensory Integration
• /
• v.7 no.2
• /
• pp.77-90
• /
• 2009

Objective : The purpose of this study was to provide evidence for the effectiveness of Sensory Integrative Intervention (SII) through a systematic review. Method : The systematic review was executed using MEDLINE/PubMed, PsycINFO, CINAHL, Cochrane Library, OTSeeker. The key words for search was "effects of sensory integration", "sensory integration therapy", and "sensory integration intervention". 11 studies were used for data analysis, and the level of evidence were level I, leve lII and level IV. The substances of review were subject (population), method (intervention type), effect of the intervention, outcome parameter, and outcome measurement. Results : 1. The subjects of SII were autism spectrum disorders (30.7%), pervasive developmental disorder (15.4%) and preterm infants (15.4%). 2. Most frequently used method was the traditional intervention of J. Ayres (36.5%). The outcome parameters of SII were behavioral outcome (40.63%), motor performance outcome (28.13%), sensory-based outcome (25.0%), and academic outcome (6.35%). 3. The effects of SII were improvement of motor performance (66.7%), sensory-based (62.5%), and behavior problems (61.5%). In most studies, however, academic skill such as writing skill was not a positive outcome parameter in terms of effectiveness of SII. Conclusions : The results implied that the sensory integrative intervention is effective on motor performance, sensory-based and behavioral change, but not on the academic skill. It is suggested that the future research need to be done to examine whether and how the effect of sensory integration intervention can be long-lasting and contribute any academic skill and activities of daily living performance.

• Journal of Arbitration Studies
• /
• v.26 no.1
• /
• pp.135-157
• /
• 2016

CISG is the most important international convention in the field of international sale of goods. Many arbitration organizations often invoke this convention when settling disputes between the parties concerned. China has been one of the contracting states since the effective date of CISG, and has settled many cases with it. This article aims at analyzing the legal status of CISG in China and the methods with which Chinese arbitration organizations apply CISG. Also, it looks into the existing problems, based on which it provides suggestions for improvement.

• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.35-60
• /
• 2017

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

• Journal of Arbitration Studies
• /
• v.29 no.2
• /
• pp.133-159
• /
• 2019

This paper reviews 2019 new arbitration rules of Japan Commercial Arbitration Association (JCAA). JCAA has amended its Commercial Arbitration Rules, and its Administrative Rules for UNCITRAL Arbitration. Also, it has introduced a new Interactive Arbitrations Rules. These new rules take effect from 1 January 2019. First, principal amendments of JCAA Commercial Arbitration Rules are such as arbitrator impartiality, tribunal secretaries, no dissenting opinions, expedited proceedings, arbitrator fees, administrative fees. Second, JCAA's new Interactive Arbitration Rules compel communication from the arbitral tribunal to the Parties and introduce a system of fixed compensation for arbitrators. Third, JCAA's Administrative Rules for UNCITRAL Arbitration are designed to provide the minimum essentials to allow the UNCITRAL Rules to be overseen by an institution. The only significant updates focus on arbitrator remuneration. This paper presents the intent and some implications of JACC's 2019 new rules for Korean Commercial Arbitration Board (KCAB) arbitration rules. Also, it seeks to provide a meaningful discussion and improvement on the facilitating of arbitration system in Korea.

• Journal of Arbitration Studies
• /
• v.28 no.1
• /
• pp.43-75
• /
• 2018

The Court of Arbitration for Sport (CAS) was created to focus on the procedural complexity in the resolution of sports-related disputes, confidentiality, the matter of expenses, and the necessity of prompt settlement in the field of international sports. The CAS had originally launched as one of bodies of International Olympic Committee (IOC), but later it became properly operational as an independent organization to facilitate sports-related disputes when the International Council of Arbitration for Sport (ICAS), which came into force in accordance with the Paris Agreement in 1984 and has acted in place of IOC, took responsibility for the administration and financing of the CAS. The CAS is composed of four divisions, the Ordinary Arbitration Division and the Appeals Arbitration Division, the Ad hoc Division created later in 1996 and the CAS Anti-Doping Division (CAS ADD) established as from 2016 only to conduct proceedings and to issue decisions on an alleged anti-doping rule violation, and two (Sydney and New York) permanent decentralized offices. The head office of the CAS is Lausanne, Switzerland. Since CAS ADD was established, CAS Ad hoc Division has had jurisdiction over the appeal case against a decision pronounced by the IOC, an NOC, an international Federation or an Organizing Committee for the Olympic Games. Although there are so many virtues of CAS as a resolution authority for sports-related disputes in terms of its organization, arbitration rules and procedures, it is also true that the CAS has not been showing the consistency. The CAS should overcome these issues through much more advanced system and its instant and fair decisions.