무형무역에 관한 국제비즈니스계약 중재사례 연구

Analysis of Arbitration Cases in International Business Contracts on Intangible Trade

Today, the economy is growing around AI semiconductors, bio and pharmaceuticals, and renewable energy markets. In the international trade as well, intangible assets such technology and services related to new industries are important subjects of transaction. As international commerce transactions of intangible goods increase, the conclusion of service contracts, technology transfer contracts, and plant supply contracts, etc. is becoming more active. Meanwhile, as the volume of intangible trade increases, the potential for disputes has also grown. this paper examines international commercial arbitration cases on intangible trade, analyzes the issues of dispute, and presents implications. Specifically, we reviewed the following three arbitration cases. First, Technology Transfer Disputes - Korea Hydro & Nuclear Power vs. Westinghouse: This case involves nuclear power technology, and a dispute arose over the license and ownership of the improvement technology. The dispute continued for a long time, but a dramatic reconciliation agreement was recently reached. Second, Service Agreement Dispute - CGGC vs. Mereine: This case relates to a subcontracting contract for a construction project. The issue of dispute is non-payment of construction fees. Third, Plant Supply Agreement Dispute - Sofregaz vs NGSC: This dispute relates to a breach of performance guarantee obligations. After, An Application for Setting Aside Award was also filed but was dismissed.