韓國商事仲裁制度의 效率性提高方案에 관한 硏究

Abstract

International disputes could happen frequently during international trades because the deals are made on the basis of each nation's own law economy, language, custom, and religion. In case they neglect the prevention and confrontation for trade disputes, it could cause the parties bad influences such as the liability of compensation for and the loss of reputation. Basically, the disputes between firms in international deals are just legal disputes between the parties concernd. But, on the other hand, the international disputes have different law standards. Therefore, the general understandings and the practices of the international business deals and international arbitration systems are strongly required. The plan for standardization of the international treaties and arbitration systems is being researched and examined to settle international disputes before and after the deals. The principal international treaties are Geneva Treaty, New York Treaty, UNCITRAL Arbitration Regulation, Washington Treaty and so forth. At present, the unique function of arbitration is approved in most contries, and arbitration between international firms is being institutionalized according to the effectiveness of the arbitration and the solution of the disputes. We have revised the fundamental arbitration law and arbitration regulation which is the procedure regulation, and also joined to New York Treaty. We are concluding arbitration treaties with many arbitration organizations in different countries and ICC. The Korean Commercial Arbitration Board, the sole international arbitration agency in Korea, should operate independently for continuous developments and efficiency in movements, and have good relations with foreign arbitration associations. We also should establish a training center to educate arbitrators to be experts in the trading practices of another countries, and let arbitration agencies improve their whole operation abilities. The korean arbitration system should evolve in accordance with international trends and UNCTRAL's pursuits.