무역분쟁해결을 위한 각 ADR 방법들의 유용성에 관한 고찰

• 영문명: A Comparative Study On the Usefulness Of ADR Means In International Business Dispute In Korea
• 발행기관: 한국국제상학회
• 저자명: 신군재(Koon-Jae Shin) 김경태(Kyung-Bae Kim)
• 간행물 정보: 『국제상학』國際商學 제18권 제3호, 195~213쪽, 전체 19쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. The prospects of an expensive and time-consuming of litigation has prompted an effort to more efficiently facilitate an dispute settlement. In an effort to facilitate an dispute settlement, ADR(Alternative Dispute Resolution) is emersing. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of alternative dispute resolution are available in Korea: negotiation, mediation and arbitration. Each of these dispute resolution procedures can be carried out in Korea with the assistance of the Korean Commercial Arbitration Board. The negotiation is a kind of contract reached by voluntary agreement between parties to terminate the dispute through mutual concession. Mediation is negotiation carried out with the asistance of natural third party to facilitate a dispute settlement. Arbitration is a process whereby two parties agree to submit the neutral third party and carry out with his decision, known as the award. We can find the usefulness of ADR i.e. negotiation, mediation and Arbitration in different kind of trade disputes. Negotiation is useful for getting mutual interest through continuous trade. Mediation can be a useful dispute resolution when parties want to keep their trade continuously, and when the claim amount is small. Usefulness of arbitration is casily find when the claim amount is large. Arbitration is a legally -binding process.

목차

Abstract

I. 서론

II. ADR 제도의 개요

III. ADR를 통한 무역분쟁해결

IV. ADR 유형별 유용성 비교

V. 결론

참고문헌