일본 중재법상 잠정보전조치명령에 관하여- UNCITRAL 모델법 및 한국 중재법상 임시적 처분과의 대비를 중심으로

UNCITRAL Model Law on International Commercial Arbitration(UML) was enacted in 1985 with an aim of harmonizing the international legal regime for international arbitration and was revised in 2006, especially providing detailed rules on the interim measures by arbitral tribunals. Korea adopted 1985 UML in 1999 and Japan adopted 1985 UML in 2003, regarding interim measures almost verbatim. However, Korea adopted 2006 revised UML on interim measures relatively unchanged in 2016, while Japan has adopted almost all of the provisions with amendments in 2023. In particular, Japanese Arbitration Act stipulated specific enforcement methods according to the type of interim measure, such as establishing an order system to pay a violation fee for some types of interim measures and introducing an indirect enforcement method. The fact that Japan decided to adopt UML basically, but then carefully modified it in consideration of its compatibility with the Japanese legal system is highly commendable and the discussions on compatibility with Japanese domestic legal system can be a good reference for Korea. However, while adopting UML, Japan has considerably modified the wording of UML in most of the articles, and given that the significance of the Model Law is to promote global unification of legal interpretation through the practical application of the same wording in each country, such changes may result in the loss of the benefits of following the wording of the Model Law.