2016년 KCAB 국제중재규칙의 개정 내용과 중재제도의 활성화 방안에 관한 연구

Today, due to rapid economic growth resulting from the leaping development of transportation and information and communication technology, the world's trade structure is gradually changing to a global one and is gradually expanding its scope. In particular, due to the launch of ‘WTO’ following ‘GATT’, international trade in goods has increased rapidly, and its scope has expanded to include not only trade in services but also the area of ​​intellectual property rights. In other words, as interdependence between countries increases and the phenomenon of globalization of economic activities becomes widespread, international exchanges increase, and the types of international transactions have expanded to include not only distribution of goods but also transportation, finance, investment, technology transfer, and services. As a result, international commercial disputes surrounding international transactions have become more frequent and their types have become more complex and diverse. In recent international commercial disputes, the use of ‘arbitration’ as an alternative dispute resolution method is gradually expanding as a new solution method that can amicably end commercial disputes containing diverse and complex contents due to the various advantages and benefits of the arbitration system compared to the litigation system. However, in cases where commercial disputes arising from international transactions are resolved through arbitration, most of the parties prefer the “ICC”, so the ‘ICC Arbitration Rules’ are mainly used for resolving international commercial disputes, and the demand for the “KCAB”, which is the representative arbitration institution in Korea, is considerably minimal, so the demand for arbitration under the ‘KCAB International Arbitration Rules’ remains relatively low. Therefore, this paper will discuss the following three issues. First, we will examine the essential characteristics of conciliation, mediation, and arbitration as alternative dispute resolution methods, and especially the practical utility of the arbitration system. Second, we will examine the background of the establishment of the “KCAB International Arbitration Rules” and the trend of revision, and compare and analyze the key contents of the ‘KCAB International Arbitration Rules’ revised in 2016 with the ‘ICC Arbitration Rules’, ‘SIAC Arbitration Rules’, and ‘HKIAC Arbitration Rules’. Third, we will identify the problems inherent in the KCAB International Arbitration Rules, prepare legislative alternatives for their improvement, and suggest ways to vitalize the arbitration system.