중재인의 중재절차 진행상 유의사항에 관한 연구 - 대한상사중재원의 절차를 중심으로 -

Arbitration provides quicker resolution and may also limit the erosion of business relationships that is often the result of prolonged litigation. The process of arbitration typically involves four phases: 1) selection of arbitrator(s) and opening statement of positions by the parties; 2) rebuttal of opposing positions; 3) interviews, hearings, and information gathering; and 4) rendering of a decision and issuance of the arbitrator's award. A distinctive feature of arbitration is the party's ability to select the arbitrator and the process and rules that will be followed at the hearing. Once that process has been completed, the parties are in the hands of the arbitrator or tribunal. The arbitrator's duty goes on the arbitration procedure efficiently and renders arbitration award. This article discussed various ways the arbitrator leads to a shorter, less risky arbitration, which benefits the parties. We recommend the arbitrator the following comments; Before the hearing the arbitrator decides to whether an arbitration agreement is valid, and a scope of authorities of him in advance. In the hearing, the arbitrator gives both parties a sufficient opportunity to produce evidence, witnesses, and make their arguments. Lastly, the arbitrator need to be cautious in guiding the parties toward an amicable settlement.