Attorney specializing in customs, what should I do when I am not satisfied with a conciliation proposal in a trade dispute?

Hello. This is an attorney specializing in customs at Daeryun Law LLC.

You went through a conciliation procedure in a trade dispute, but you are not satisfied with the conciliation proposal.

When you are not satisfied with a conciliation proposal in a trade dispute, or feel that you have received an unfavorable decision, there are several ways to respond.

First, an important point is that conciliation is a procedure that helps both parties reach an agreement, but its outcome is not legally enforceable.

If you decide not to follow the conciliation proposal, that itself does not entail any legal sanction..

Since the outcome of conciliation is based on an agreement between the parties, if one side does not want the agreement or feels it is unfavorable, that conciliation proposal has no legal effect.

In other words, there is no need to follow it compulsorily.

After rejecting a conciliation proposal, it is highly likely to lead to litigation procedures. Conciliation is a fast and cost-effective way to resolve conflict, but if you reject it, the matter proceeds to legal procedures such as litigation, which may cost more time and money.

In addition, if litigation proceeds, the outcome is difficult to predict, and there is also a risk of receiving a judgment from the court that is more unfavorable than the conciliation proposal.

In particular, disputes arising in international trade can be even more complex because the laws of each country and international law are intertwined.

If you determine that the conciliation proposal is too unfavorable, you can check whether further negotiation or revision is possible before accepting that proposal.

For example, you may request that the other party renegotiate certain items of the conciliation proposal, or request re-conciliation from a neutral third party such as the Korean Commercial Arbitration Board.

An attorney specializing in customs, placing the client's interests first, provides assistance by preparing response strategies suited to the client's matter, such as representing the client in settlements and conciliation.