싱가포르협약 비준 이전 국제상사조정의 효력, 보완방안과 상사조정에 적합한 일부 분쟁에 관한 소고

The world is plagued with litigation and arbitration. It is human nature that even if one party wins through litigation or arbitration, it is difficult for the losing party to accept the judgment or award easily. Therefore, even after that, another dispute arises in the compulsory execution procedure, and the losing party raises another argument. A recent example of this is the Korean government's declaration of objection to the investor-state arbitration award between the Korean government and Lone Star. The losers always have regrets in a game where someone wins and loses. Mediation is a means of resolving disputes through mutual agreement between the parties, and it is clearly distinguished from methods in which one party wins or loses. Mediation that leads to decisions that benefit all of the parties is more helpful to the companies than any fight that makes the parties argue with each other about who is right. Commercial mediation, a great way to resolve disputes, is becoming popular worldwide. The Republic of Korea executed the Singapore Convention. Still, the convention has not yet undergone the National Assembly's ratification process and has not yet been enacted into domestic law. Nevertheless, there is still a void to be filled in the law through the preparation of notarial deeds, court settlement before litigation, and legal opinions of attorneys in charge of mediation. Suppose the exclusive jurisdiction for dispute resolution is agreed to international arbitration. In that case, principals can't submit the evidence presented in mediation in subsequent arbitration procedures if mediation fails. It is, of course, difficult to say that all commercial disputes are suitable for mediation. However, resolving the below types of disputes is likely to align with the corporation's interests. Mediation is more efficient for resolving disputes between shareholders, shareholder activism against listed companies, collective reconciliation of companies in a financial crisis or PPP project for infrastructure, collective disputes between various parties, and multiple disputes between opposing parties. The primary objective of a corporation is to generate profit. Rather than arguing and sacrificing profit in the name of justice, the management should actively reconcile with the other party and seek a new opportunity as long as it is in line with the company's interests and within the boundary of legality, even if it does not examine who is right.