중재 활성화를 위한 중재비용 구조제도의 도입 방안 연구

• 영문명: A Study on Introduction Plans of the Arbitration Aid System for Vitalizing Arbitration: Inspired by the Litigation Aid Systemunder the Civil Procedure Act
• 발행기관: 한국중재학회
• 저자명: 박서은(Seo Eun Park) 한애라(Ae Ra Han)
• 간행물 정보: 『중재연구』제34권 제1호, 3~26쪽, 전체 24쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2024.03.30

영문 초록

“Arbitration” is a procedure to settle a dispute over property rights or disputes based on non-property rights that the parties can resolve through a reconciliation, not by a judgment of a court, but by an award of an arbitrator, and is a kind of Alternative Dispute Resolution(ADR). Arbitration is the most representative and efficient ADR system in many fields, so by activating it, disputes can be resolved smoothly and ultimately, and social costs caused by a heavy increase in lawsuit can be reduced. Arbitration costs are often evaluated as 'cheap', but in reality, they can be similar to or exceed litigation costs. Nevertheless, unlike the Civil Procedure Act, which stipulates the litigation aid system for those who are hard to pay litigation costs, the Arbitration Act or the Arbitration Industry Promotion Act does not have the arbitration aid system for those who are hard to pay arbitration costs. However, considering ① the utility of arbitration compared to other dispute resolution procedures, such as litigation, ② the possibility of resolving trial delays through vitalizing arbitration, ③ the need to guarantee access to arbitration, ④ the feasibility of revitalizing arbitration by the arbitration aid system, it is necessary to introduce the Arbitration Aid System. To explain the details of the Arbitration Aid System, a person who intends to apply for arbitration or a party who continues arbitration could be the applicant. Regarding the judge, this paper suggests the establishment of a council for arbitration aid to prevent the possibility of prejudgment by the arbitral tribunal. Also, if the council accepts the application for arbitration aid, it would be appropriate for the arbitral tribunal to determine the allocation of arbitration costs considering the decision of the council and to include it into arbitral awards.

목차

Ⅰ. 들어가며

Ⅱ. 중재 활성화의 의의

Ⅲ. 중재비용 구조의 필요성과 가능성

Ⅳ. 중재비용 구조제도의 도입 방안

Ⅴ. 나가며

참고문헌

키워드

중재 활성화 중재비용 소송구조 재판 지연 사법접근권(Access to Justice) Vitalizing arbitration Arbitration costs Litigation aid system Trial delays Access to justice