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대한상사중재원의 2007년 국제중재규칙의 주요내용과 그에 대한 평가 : The Rules of International Arbitration for the Korean Commercial Arbitration Board of 2007 and Comments thereon
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.1, pp. 71-109
- Keywords
- 대한상사중재원 국제중재규칙 ; 중재인의 선정 ; 국제중재위원회 ; ICC 중재규칙 ; The Rules of International Arbitration for the Korean Commercial Arbitration Board ; arbitration costs ; appointment of arbitrators ; Language of arbitration ; 중재언어 ; 중재비용
- Abstract
- Korea promulgated the Korean Arbitration Act (KAA), which took effect as
from December 31, 1999. KAA is modeled after the Model Law on International
Commercial Arbitration, which was adopted by UNCITRAL in 1985. The Korean
Commercial Arbitration Board (KCAB) has the Arbitration Rules (the Existing
Rules) that are applicable to both international and domestic arbitrations. The
Existing Rules were criticized for not properly taking into consideration the
characteristics of international arbitration. In response to the growing need to
settle international commercial disputes by arbitration in a more efficient way,
the KCAB has recently established The Rules of International Arbitration for
the Korean Commercial Arbitration Board (the New Rules), which has taken
effect as of February 1, 2007. The author welcomes the introduction of the New
Rules, in that the New Rules have aligned the method of appointing arbitrators
with the international practice and that the New Rules have substantially
increased the fees of the arbitrators in order to attract more experienced and
renowned arbitrators from all over the world. Introduction of the New Rules will
contribute to make the international arbitration administered by the KCAB more
attractive to the international business community than before. The New Rules
will be also conducive to further development of the international arbitration law
of Korea.
However, the author criticizes the New Rules in the three basic aspects
described below. First, the drafters of the New Rules do not appear to have...
- ISSN
- 1598-222X
- Language
- Korean
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