KCAB와 LCIA의 조정규칙 비교분석

Most commercial disputes, in which it is not imperative that there should be a binding and enforceable decision, are amenable to mediation. Mediation may be more suitable than litigation or arbitration where the parties in dispute hope to renew, or to preserve, their commercial relationships. As an attempt to keep up with the international trend of the mediation system, the KCAB has effected new international mediation rules enacting on January 1, 2024. Thus, this study examined the similarities and differences between the two rules by comparing and analyzing the LCIA mediation rules, which operates an advanced dispute resolution system in UK, with KCAB mediation rules in Korea. Thus, the two rules similarly stipulate provisions of initiation of mediation, selection of mediators, and confidentiality. However, LCIA has its own regulations in terms of data protection, liability limits and jurisdiction, and compliance, and KCAB has its own regulations in the language, location, and general provisions of mediation. It is expected that KCAB international mediation rules, which took effect on January 1, 2024, will reflect the modern trading and trade disputes. And also, we hope that KCAB international mediation rules will be activated and play an advanced role in international commercial disputes.