해사중재 활성화를 위한 전제조건에 관한 논의

• 영문명: A Proposal for the Invigoration of Maritime Arbitration
• 발행기관: 한국중재학회
• 저자명: 이정원
• 간행물 정보: 『중재연구』 제22권 제3호, 141~163쪽, 전체 23쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.12.30

영문 초록

In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receive training in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for Expedited Procedure, this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

목차

Ⅰ. 들어가며

Ⅱ. 해사중재제도에 관한 비교법적 고찰

Ⅲ. 국내 해사중재 활성화를 위한 전제조건에 관한 논의

Ⅳ. 결론

참고문헌

Abstract

키워드

해사중재 해사중재원 대체적 분쟁해결절차 상사중재 런던해사중재인협회 뉴욕해사중재인협회 일본해운집회소 중국해사중재위원회 대한상사 중재원 Maritime Arbitration Maritime Arbitration board ADR Commercial Arbitration London Maritime Arbitrators Association LMAA The Society of Maritime Arbitration The Japanese Shipping Exchange China Maritime Arbitration Commission Korean Commercial Arbitration Board