상사중재 활성화를 위한 입법정책적 과제

Arbitration is an Alternative Dispute Resolution(ADR) that resolves disputes by an agreement between the parties on the basis of the judgment of the arbitrator instead of the court’s trial, and it has already been taking center stage as a dispute resolution besides trial for the business disputes between companies. In particular in the case of international arbitration, as legal disputes between the parties of different nationalities can be resolved through arbitration by a third country not by a general court of the party’s country, it is widely used in the international commercial disputes. Because the settlement of disputes through international arbitration has positive effects not only on companies, but also on the country’s economy, Asian countries are actively trying to strategically foster arbitration industries. In this regard the Ministry of Justice is pushing forward ‘Arbitration Industry Promotion’ project in order to attract more international arbitration cases and to foster the arbitration industry. In order to create the basis for promoting arbitration industry and to provide support for attracting international arbitration the Ministry of Justice pushed forward enacting 「the Act on the Arbitration Industry Promotion」, and this act has been implemented since December 2017. Also, in December 2018 it announced the formation of basic plan for arbitration industry promotion, and said it would carry forward this plan for 5 years. This paper introduced reviewing the necessity of promoting arbitration for resolving commercial disputes, and after the main contents of government’s arbitration industry promotion project now being pushed forward. Finally it proposed legislative policy assignment for promoting commercial arbitration.