UNCITRAL 모델중재법 및 중재규칙 개정에 따른 국내법 개정의 필요성 검토

Korea accepted the UNCITRAL Model Law on International Commercial Arbitration in its entirety, when it amended the Arbitration Act on December 31, 1999. In the meantime, there were technological developments and changes in international trade practices. In order to reflect this changed circumstances, the UNCITRAL amended the Model Law and the UNCITRAL Arbitration Rules, respectively in 2006 and 2010. The core change was to expand arbitration panel’s discretion and strengthen respect for its authority. They contain clear guidelines on several issues. The writing requirement for arbitration agreement has been made less strict, or even abolished. The amended Model Law and Rules contain clear guidelines on the conditions for issuing interim measures, their effect and their recognition and enforcement, the relationship between courts and arbitration panel, etc. These rules have a potential to influence legislations in many countries in many points, and thereby become a unified model in arbitration practice. It goes without saying that the promotion of international arbitration is premised on creating a legal system that fits within international standard as well as a legal environment that guarantees predictability. Therefore, it is time for Korea, as a state that accepted the earlier version of the Model Law, to begin discussion on a possible amendment of the Arbitration Act.