2010년 스코틀랜드 중재법과 우리 중재법의 개정

The Korean Arbitration Act of 1999 has followed the principles and structure of the UNCITRAL Model Law on International Commercial Arbitration as adopted in 1985. For nearly over a decade, the laws and practices of the world community of arbitration have been evolving very fast. It is unfortunate that Korea has still preserved out-dated provisions in her law on arbitration. To the contrary, Scotland has discarded her out-dated arbitration regulations instead of adopting the new Arbitration Act of 2010. The Act of 2010 has become quite user-friendly by describing each provisions by the letter of ‘M’ for mandatory sections and rules or ‘D’ for discretionary ones. The Act of 2010 distinguishes juridical place of arbitration from physical or convenient place of arbitration, which may result in different uses of applicable laws. When the juridical place of arbitration is set in Scotland, the Scots law may be applied. The Act of 2010 has provisions on the party to arbitration agreement who does not take part in arbitration, and anonymity of arbitrating parties who were involved in court proceedings with regard to arbitration. Under the Act, confidential information should not be revealed, subject to exceptions provided for in the Act. The Act of 2010 has also provisions on appointing authority and consolidation of multiple claims. Furthermore, under the Scots legal system, arbitral awards may be enforced by the ‘order’ or ‘leave’ of the competent court. Scotland may be different from Korea in light of the size of population and economy. Nevertheless, the two countries are most likely to share the desire to develop each of their capitals to be a sort of center of international arbitration by attracting more international arbitration cases.