인도의 관세부과 조치와 기업의 실무적 대응 전략– ADR과 ISDS 활용 가능성을 중심으로 -
India’s Tariff Measures and Enterprises’ Dispute Resolution Strategies: Focusing on the Applicability of ADR and ISDS
김성룡(경북대학교); 안태건(국립부경대학교)
35권 2호, 71~92쪽
초록
This study analyzes the recent tariff measures imposed by the Indian government on foreign enterprises, especially Korean firms, and evaluates legal and practical dispute resolution strategies. This paper investigates the institutional and legal uncertainties surrounding India's tariff policy and analyzes some cases such as Samsung Electronics, Kia Motors, and Volkswagen. These cases reveal the multi-layered legal nature of tariff disputes, ranging from tax issues to commercial arbitration and potential ISDS claims. The study argues that traditional tax appeal mechanisms are insufficient and proposes integrated strategies utilizing ADR and ISDS. By combining legal analysis with practical case studies, the paper offers concrete guidance for Korean enterprises facing similar regulatory risks in India.
Abstract
This study analyzes the recent tariff measures imposed by the Indian government on foreign enterprises, especially Korean firms, and evaluates legal and practical dispute resolution strategies. This paper investigates the institutional and legal uncertainties surrounding India's tariff policy and analyzes some cases such as Samsung Electronics, Kia Motors, and Volkswagen. These cases reveal the multi-layered legal nature of tariff disputes, ranging from tax issues to commercial arbitration and potential ISDS claims. The study argues that traditional tax appeal mechanisms are insufficient and proposes integrated strategies utilizing ADR and ISDS. By combining legal analysis with practical case studies, the paper offers concrete guidance for Korean enterprises facing similar regulatory risks in India.
- 발행기관:
- 한국중재학회
- 분류:
- 무역학