대한상사중재원의 2007년 국제중재규칙의 주요내용과 그에 대한 평가

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...