2024년 국제거래법 중요판례평석

This essay reviews major court decisions rendered in 2024 and required analysis. The cases were introduced in the order of factual background and court judgment, followed by a critical review. First, I examined a case where the validity of an international choice of court agreement was at issue, then analyzed cases involving the applicable law, and finally, I discussed a case related to an arbitration agreement. In the case concerning international jurisdiction, I analyzed the validity of an exclusive international jurisdiction agreement in relation to consumer contracts. In the case regarding applicable law, I examined issues such as whether a provision reducing liquidated damages is an overriding mandatory provision, applicable law for agency, set-off, and interest rates for delays in international sales contracts, the applicable law regarding a company’s split-off and intellectual property infringement, the applicable law concerning an action oblique, and the applicable law for insurance subrogation and tort claims by way of the accessory connection. Finally, I analyzed the validity of an optional arbitration agreement. With the activation of international transactions, various types of trade are conducted, resulting in legal disputes that reveal a wide range of issues requiring analysis. As international private law introduces new rules on international jurisdiction agreements, analyzing relevant case law can contribute to the interpretation of such provisions. A review of the applicability requirements for CISG and the regulations regarding issues not directly covered by CISG helps clarify the application and interpretation of CISG in international trade. Additionally, analyzing issues like the scope of consumer contracts, the transfer of assets due to split-off, and the applicable law for an action oblique, contributes to shaping case law in areas where the Supreme Court has yet to form a precedent or where case law is not abundant. The analysis of the validity of an optional arbitration agreement also allows for reflection on the arbitration-friendly approach and its limits. It is hoped that this introduction and analysis of case law in this paper will contribute to the appropriate determination of international jurisdiction and arbitration agreements, as well as the interpretation and application of applicable law in disputes arising from international transactions, thus advancing international trade.