해양플랜트공사계약상의 분쟁해결방안에 대한 소고

Recently, Domestic 3 Big shipyards(HHI, SHI, DSME) are suffering massive amounts of damage due to offshore plant delivery problems and contract cancellations from Owners caused by the world recession with low oil price. Particularly, in case of an order for a drillship, which is the representative type of vessels of the mobile offshore plant, there have been many cases of order placement by some speculative capital in anticipation of a lot higher chartered freight than the case of the order placed by project finance. Accordingly, in case of the owners like this, there is an ever increasing possibility of their one-sided intentional delay in, or rejection of the delivery of an offshore plant on the basis of the reasons like delay in process, or others of a shipyard because of the failure to secure the place for ship chartering in case oil prices don’t maintain an optimum level. Therefore, the various disputes related this between shipyards and ordered bodied are increased hereafter. In shipbuilding & offshore plant industry, the traditional settlement methods of disputes are arbitration and litigation. However, the domestic 3 big shipyards prefer the arbitration specified in the contract rather than legal proceedings in a bid to find strict confidentiality, prompt dispute settlement, and fair executive power unless it is a dispute involving an enormous amount of money, or a dispute related to an intricate interest. Most of the domestic shipyards apply mainly the London Maritime Arbitration Rules in case a dispute based on the general merchant ship building contract while using ICC a lot instead of the London Maritime Arbitration in case of an offshore plant construction contract. However, there is a limit to applying ICC arbitration to all offshore plants in the same way when the administrative procedure for arbitration, arbitration range, and amounts of money involved in a dispute lawsuit, etc. are considered. Accordingly, this study examined the cause and characteristic of various dispute related to an offshore plant, and the nature of a vessel by offshore plant type needed for the choice of effective arbitration rules, on the basis of which this study provided basic materials necessary for minimizing the damage to a shipyard consequent on an owner’s unilateral filing of a dispute through the improvement of dispute resolution clauses specified in an offshore plant construction contract.