국제계약의 분쟁해결메커니즘의 구조와 상호작용

It is evident that an international contract cannot be free from disputes between itsparties. Therefore, it needs a reasonable and efficient dispute resolution mechanism,which would promote international trade. The choice of law clause is forming part ofthe dispute resolution mechanism, twinned with and adjacent to the clause dealing with jurisdiction or arbitration. They are mutually interplaying Dioskouroi. They are separated from the main contract and further are separated from each other. Their conflicting severability and close relationship play a key role in determining the law governing a jurisdiction or arbitration agreement as well as a choice of law agreement. They arealso one of the factors to be taken into account in determining the implications of ajurisdiction clause or an arbitration clause on tacit choice of law and whether agoverning law clause would found the court’s jurisdiction. The regulation of the dispute resolution mechanism on a jurisdiction-by-jurisdiction basis would impose on commercial parties an increased regulatory burden requiring more extensive investigation of national norms in doing international business transactions. It would be desirable to produce greater legal certainty as to the dispute resolution mechanism by a unified regulation, which would promote international trade. On the other hand the procedural justice and fairness between parties should be respected in doing so. This research could contribute to efficient and internationally harmonious operation of Korean regime and possible development of a unified international regime dealing with dispute resolution mechanism in an international contract.