국제중재 기반 구축과 진흥

• 영문명: Establishing Foundation for International Arbitration and Its Promotion –with introduction to the recent trend of Japan as a follower –
• 발행기관: 한국민사소송법학회
• 저자명: 전병서(Chon Byung Seo)
• 간행물 정보: 『민사소송』제22권 제2호, 339~369쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.11.30

영문 초록

Recently, by improving the legislative system and establishing the foundation, Korea has been prepared to revitalize and promote the system for international arbitration. In other words, ｢Arbitration Act｣ was amended on May 29, 2016 with regard to the UNCITRAL Model Law on International Commercial Arbitration (as revised in 2006), and was enforced from November 30, 2016. Moreover, ｢Arbitration Industry Promotion Act｣ was legislated on December 27, 2016 and is being enforced since June 28, 2017. The act is mainly about the systematic support from the government in order to construct a foundation for promoting the arbitration industry so that Korea can develop as a hub of northeast Asia for international arbitration. In the meanwhile, it was frequently pointed out that Japan, compared to other Asian countries including Korea, is not making a good use of arbitration as a method for resolving dispute related to international transaction. As an effort to overcome the concern, the Japanese government started on a project to boost the field of international arbitration for the first time in 2017, and is seeking for various measures in order to revitalize the international arbitration by examining ① the significance and purpose of activating international arbitration as dispute resolution method and the current situation in Japan, ② actions for the legal infrastructure improvement, ③ actions for revitalizing international arbitration involving Japanese companies, ④ actions to activate third-party arbitration, and ⑤ public-private partnership and cooperation. Although Korea is a bit preceding in the field, this study will take a look on the recent trends of Japan with similar consciousness for the issue and moreover, make some suggestions in order for Korea to grow as a hub for international arbitration.

목차

Ⅰ. 들어가는 말

Ⅱ. 국제중재의 중요성

Ⅲ. 국제중재의 활성화를 위한 기반 구축

Ⅳ. 일본의 활성화 동향

Ⅴ. 마치며

참고문헌

키워드

중재 중재합의 중재지 중재판정부 대한상사중재원 외국중재판정의 승인 및 집행에 관한 UN협약 제3자 펀딩 Arbitration arbitration agreement seat/place of arbitration Arbitral Tribunal KCAB The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards Third Party Funding