중재산업진흥법의 주요내용과 발전적 운용

• 영문명: The Main Contents and Developmental Method of Arbitration Industry Promotion Law
• 발행기관: 한국중재학회
• 저자명: 성준호(Joon-Ho Sung)
• 간행물 정보: 『중재연구』 제27권 제4호, 35~60쪽, 전체 26쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the Arbitration Industry Promotion Act to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

목차

Ⅰ. 들어가는 말

Ⅱ. 중재산업진흥법의 목적 및 주요개념

Ⅲ. 중재산업진흥기반 조성의 체계

Ⅳ. 발전적 운용을 위한 제언

V. 맺음말

키워드

중재산업진흥법 중재산업 중재지 중재기반시설 중재기관의 중립성과 독립성 중재전문인력양성 외국변호사의 국제중재대리 development of arbitration court of arbitration, place of arbitration neutrality and fairness Procedural fairness arbitration expert training, Foreign lawyer of Arbitration