한국과 말레이시아의 무역클레임과 중재제도에 관한 고찰

According to the growth and continuous expansion of trade volume between Korea and Malaysia since it has been contracted bilateral trade agreement in 1962, Malaysia is one of the essential country in the south east countries for Korean economy. Bilateral contributional relationship between Korea and Malaysia could be expected to increase commercial business opportunities and challenges. Malaysia is supported by a market oriented economy and business friendly policies. The rising of business opportunities relatively increase the possibilities of dispute. Among the dispute resolution methods, the arbitration as the alternative dispute resolutions is a range of processes for amicable resolution of disputes where private parties, as the arbitrators, process in neutral and impartial intercedes to resolve the commercial disputes. The new Malaysian arbitration act revealed in 2005 and came to force in March 15 2006 which was adopted and influenced by the New Zealand Arbitration Act and UNCITRAL Model law of arbitration. And KLRCA is an famous arbitration institute entrusted with broad functional services including islamic banking and financial services. As the comparition with the arbitral laws of two countries and the rules of the unique arbitration institutes, KCAB in Korea and KLRCA in Malaysia. This paper's purpose is to contribute to understanding the arbitral system of dispute resolution for islamic commercial business in Malaysia as the south east countries. It will be provide the understanding mechanism of the Malaysian commercial dispute resolution as an islamic country and the facilitation to business approaching stages with well developed workforce with a good dispute legal system certainly for the attracting business parties.