개성공단에서의 남북상사중재위원회 구성·운영에 관한 연구

• 영문명: A Study on the Organization and Operation of the Inter-Korean Commercial Arbitration Committee in Gaeseong Complex
• 발행기관: 한국중재학회
• 저자명: 김광수(Kwang-Soo Kim)
• 간행물 정보: 『중재연구』 제24권 제2호, 3~31쪽, 전체 29쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the “Agreement on South-North Commercial Dispute Settlement Procedures,” “Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee,” and the Annexed Agreement on “Organization and Operation of Inter-Korean Commercial Arbitration Committee” (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the “South-North Commercial Dispute Settlement Procedures,” “Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee,” and the Annexed Agreement on “Organization and Operation of Inter-Korean Commercial Arbitration Committee” (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

목차

Ⅰ. 서 론

Ⅱ. 개성공단 교역 현황과 분쟁의 유형

Ⅲ. 분쟁해결절차 및 상사중재운영위원회 운영에 관한 합의

Ⅳ. 개성공단 상사중재위원회 운영을 위한 후속조치와 실천과제

Ⅴ. 결 론

키워드

남북상사중재위원회 개성공단 상사중재위원회 중재인명부 중재규정 South-North Commercial Arbitration Agreement on South-North Commercial Dispute Settlement Procedures Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee Inter-Korean Commercial Arbitration Committee Arbitration Administrative Agency Panel of Arbitrations Arbitration Regulations