한국의 최근의 중재법 개정논의 - 국제중재의 활성화를 위하여 -
Recent Discussions on the Revision of Korean Arbitration Act - for the Promotion of the International Arbitration -
이호원(연세대학교)
22권 2호, 1~19쪽
초록
Korean Arbitration Act(KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration, Korea is trying to be a international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. Korean Ministry of Justice established a Committee for Revision of KAA to make it more arbitration friendly. The revision will reflect the criticisms against the current KAA, changes in the arbitration environment, and the 2006 Amendment to the UNCITRAL Model Law. The basic direction of the revision is to maintain the UNCITRAL Model Law system and to deal with national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitrators, recognition/enforcement of arbitral awards, and their annulment, etc. But the work of the Committee for Revision is still under way and has not yet reached a stage to draw any conclusion. This paper aims to introduce the recent discussions on the important issues of revision and to request opinions of all the persons and institutions related to arbitration. The revision of KAA in the more developed and advanced way is expected to help greatly to promote not only the national arbitration, but also the international arbitration in Korea.
Abstract
Korean Arbitration Act(KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration, Korea is trying to be a international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. Korean Ministry of Justice established a Committee for Revision of KAA to make it more arbitration friendly. The revision will reflect the criticisms against the current KAA, changes in the arbitration environment, and the 2006 Amendment to the UNCITRAL Model Law. The basic direction of the revision is to maintain the UNCITRAL Model Law system and to deal with national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitrators, recognition/enforcement of arbitral awards, and their annulment, etc. But the work of the Committee for Revision is still under way and has not yet reached a stage to draw any conclusion. This paper aims to introduce the recent discussions on the important issues of revision and to request opinions of all the persons and institutions related to arbitration. The revision of KAA in the more developed and advanced way is expected to help greatly to promote not only the national arbitration, but also the international arbitration in Korea.
- 발행기관:
- 국제거래법학회
- 분류:
- 법학