• 검색 결과가 없습니다.

11. 사후 단계


Academic year: 2021

Share "11. 사후 단계"

더 보기 ( 페이지)

전체 글


English for Global Business

Unit 08 Follow-up Phase


After studying this lesson, you will be able to :

understand the

definition of Claim;

• identify

Management of Claims and Disputes;



At the Follow-up Phase

, claims by trading

partners involved may occur and the dispute

settlement procedure between the contracting

parties will be determined.


 International businesses face regular

potential conflicts

between other businesses, customers, suppliers and

trading partners.

 Many can be dealt with quickly and effectively through

negotiation, yet some disputes that remain unresolved may

affect the profitability and productivity of a business.

 Alternative dispute resolution

, for example, is the








conventional legal modalities (e.g. the court proceedings).


Claims between Businesses

 There are claims or disputes over terms of trade with suppliers,

predatory pricing, misuse of market positioning, misleading or

deceptive conduct, and can involve suppliers, operators in both

his/her own country or other nations around the world and


 Sales contracts

can suffer from breaches in






focused on price, delivery of goods, quality and

customer service standards.

 Claims

regarding the Trade Practices cases involve

areas such as price fixing, price discrimination,







exclusive dealings), abuse of market power(i.e.

called Market Claim), misleading/deceptive conduct

and unconscionable conduct (i.e. referring to

International Claim).


The methods used to resolve disputes include the litigation

and alternative dispute resolution (ADR) processes such as

negotiation, mediation, conciliation and arbitration.

Management of Claims and Disputes

The Methods used to resolve disputes


Litigation (traditional route)

Adversarial - binding decision of

third party

Procedure – governed by rules Consider positions rather than

interests in public domain

ADR (alternative)

Consensual Control

Continued business relations Confidentiality


(i) Negotiation

 In negotiation, both parties attempt to reach an agreement or

settlement of disputes through give and take in an informal discussion.

 No third party is involved in the negotiation.

Management of Claims and Disputes


(ii) Mediation

 Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process.

 Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties.

 The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.

 In mediation, a neutral 3rd party assists the negotiations but does not render

a binding decision.

 A disinterested third party acts as a go-between to help resolve disputes among parties themselves.

Management of Claims and Disputes


(iii) Conciliation

 Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences.  They do this by lowering tensions, improving communications,

interpreting issue, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.

 Conciliation differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.

Management of Claims and Disputes


(iv) Arbitration

 In some countries, arbitration is a process provided by an act of law, adopted by parties through mutual agreement stipulating that they will submit any dispute that may arise between them to the impartial judgement of some third party of their choice and that the award by this impartial person will be final and binding.

Management of Claims and Disputes


(v) Litigation

 In litigation, an accusing party (the plaintiff) files a lawsuit against an accused party (the defendant) with a judicial court of a country.

 The court system renders a judgment or a decision based on relevant law and the facts.

 Litigation is the most expensive and time-consuming method of dispute settlement.

 In many cases, it take several years to get a court date.

 Parties must do their best to resolve disputes through means other than litigation not only to save time and money, but also to avoid bad publicity.

Management of Claims and Disputes


Management of Claims and Disputes

Arbitration vs. Litigation

Public/private Arbitration Litigation

Type of Proceeding Private-between the two parties Public – in a courtroom

Type of Proceeding Civil - private Civil and criminal

Evidence allowed Limited evidentiary process Rules of evidence allowed

How arbitrator/judge

selected Parties select arbitrator Court appoints judge –parties have limited input

Formality Informal Formal

Appeal available Usually binding; no appeal possible Appeal possible

Use of attorneys At the discretion of parties; limited Extensive use of attorneys.

Waiting time for the

case to be heard As soon as arbitrator selected; short Must wait for the case to be scheduled; long


관련 문서

The “Asset Allocation” portfolio assumes the following weights: 25% in the S&P 500, 10% in the Russell 2000, 15% in the MSCI EAFE, 5% in the MSCI EME, 25% in the

Finally, chapter 3 presents methods of education and those are classified the teaching methods for virtues of character, such as justice, temperance, and

When it comes to Arbitration which is a useful way to resolve the international investment disputes, the Civil procedure for Recognition and Enforcement of Foreign Judgement

 The composition schema must include activities that receive and send messages as prescribed by the protocol, and in the appropriate order.  How can protocol definitions be

¨ Use alternative project finance and delivery methods across collections of infrastructure projects. ¨ Strategic opportunities to affect the timing, quality, and cost

 Casting is a manufacturing process by which a molten material such as metal or plastic is introduced into a mold made of sand or metal, allowed to solidify within the mold,

Key words : The Settlement of Financial Disputes, Financial Dis- sention, Mediation of Financial Dissention, The Mediating Committee for Administrative

To achieve the purpose of educational processes, 'expansion of self-leading instructional ability', the research and the development for the methods

On July 12, the International Tribunal on the Law of the Sea under the Permanent Court of Arbitration in The Hague—a multilateral mechanism for addressing disputes under

Informed sources told Al-Jareeda newspaper that both bodies held a meeting last week to examine the dispute, remarking that the PAI quoted the Cabinet’s Resolution as

With regard to securities disputes, investors who bring claims against broker-dealers are increasingly using arbitration to obtain a remedy for the alleged

To fulfill such necessities, CS measures the Euclidean separation between the given inquiry ask for (additionally used as a refining vector) and the vectors in the

Curr Opin Oncol 2016;28:254 Inverse psoriasiform eruption Acral lesion of psoriasis. Acral

해결 과정(iintial decision maker-mediation-arbitration-litigation)에서의 모든 발견과 논쟁은 프로젝트 계약서에 규정된 내용에 의해 수행된 용역을 해석하기 위한

Furthermore, Sjöberg and Ziegler used methods such as stacking, general stacking on cyclic polytopes, facet splitting, and truncating to find out the structure

students with opportunities to encounter the national classical music instruments such as 뺳Kaya-geum뺴, 뺳Ah-jaeng뺴뺳Hae-geum뺴, and seek the teaching methods

The topics include absolute reaction rate theory, thermodynamics of irreversible processes, thermodynamics of surfaces and interfaces, chemical kinetics, nucleation and

This table include how guarantees right of the superintendent of education, the board of education and management committee in school include of the

The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute

used in lieu of traditional judicial and administrative dispute resolution processes, such as litigation and administrative adjudication.” Tina Nabatchi, “The

y SRKM is used for the vapor enthalpy and density and the vapor and liquid entropy calculations.. y Ideal methods were used to estimate the liquid enthalpy

During the negotiation process, both Parties should resort to the China-Japan-Korea Investment Agreement as the chief source, give equal emphasis on investment

As an alternative method to the projection moire, phase measuring profilometry (PMP) without such a secondary grating can be used to obtain similar but improved results

To achieve the purpose of educational processes, 'expansion of self-leading instructional ability', the research and the development for the methods