긴급중재인제도에 관한 소고 - 국제중재기관들의 긴급중재인제도에 관한 비교검토를 중심으로 -

Recently, numerous international arbitral institutions introduced emergency arbitrator rules providing for interim or conservatory relief through the arbitral institution before the arbitral tribunal is constituted. Those revisions have already attracted a lot of interest and it seems likely that applications under that procedure will increase. Because a party may need to be sure that evidence is not destroyed or assets dissipated before the arbitral tribunal can deal with them. So it is worth considering introducing the emergency arbitrator rule. And an analysis of international arbitral institutions’ emergency arbitrator rules will be helpful to build our system. This article reviewed the main contents of the emergency arbitrator rules of the ICC, the ICDR, the CPR, the SCC, the SIAC and the ACICA and suggested the way with the institutional superiorities on several issues. However, we should examine closely the current state of our arbitral institution first when we are going to introduce the emergency arbitrator rule. Because the reasonable practicability of the rule is more important than the institutional superiority. And it is a reasonable way to introduce the emergency arbitrator rule with practicability in the current state of our system first and improve the rule consistently later.