Research and Analysis on the Revision of the Korean Commercial Arbitration Regulations from a Practical Perspective
Research and Analysis on the Revision of the Korean Commercial Arbitration Regulations from a Practical Perspective
손승표(성결대학교)
26권 3호, 93~103쪽
초록
Purpose : This study focuses on the significance and role of the revised domestic arbitration rules of the Korean Commercial Arbitration Board, and examines the impact on strengthening domestic arbitration procedures and arbitration competitiveness from various perspectives, focusing on future revisions. Research design, data, methodology : The main contents of the revised arbitration rules of the 2025 can be summarized as the significant addition of the concept of electronic signatures, the expansion of the use of electronic means for written notices and submissions, the establishment of a foundation for handling multiple claims arising from the same transaction or ongoing transactions as a single case, the adjustment of the appointment period when selecting arbitrators according to the agreement between the parties, and the clarification of requirements for claiming party-borne expenses such as attorney fees. Results : The part that improved the speed and efficiency of the procedure through direct communication after the formation of the arbitration tribunal has a very important meaning in the advancement of arbitration procedures, and the part that realistically revised the management fee to a recognition fee without an upper limit is also analyzed to play an important role in the internationalization of domestic arbitration. Conclusions : This revision of the domestic arbitration rules is expected to provide greater convenience to the parties and serve as an opportunity to strengthen the competitiveness of dispute resolution by effectively resolving the risk of disputes that may arise when utilizing the arbitration system.
Abstract
Purpose : This study focuses on the significance and role of the revised domestic arbitration rules of the Korean Commercial Arbitration Board, and examines the impact on strengthening domestic arbitration procedures and arbitration competitiveness from various perspectives, focusing on future revisions. Research design, data, methodology : The main contents of the revised arbitration rules of the 2025 can be summarized as the significant addition of the concept of electronic signatures, the expansion of the use of electronic means for written notices and submissions, the establishment of a foundation for handling multiple claims arising from the same transaction or ongoing transactions as a single case, the adjustment of the appointment period when selecting arbitrators according to the agreement between the parties, and the clarification of requirements for claiming party-borne expenses such as attorney fees. Results : The part that improved the speed and efficiency of the procedure through direct communication after the formation of the arbitration tribunal has a very important meaning in the advancement of arbitration procedures, and the part that realistically revised the management fee to a recognition fee without an upper limit is also analyzed to play an important role in the internationalization of domestic arbitration. Conclusions : This revision of the domestic arbitration rules is expected to provide greater convenience to the parties and serve as an opportunity to strengthen the competitiveness of dispute resolution by effectively resolving the risk of disputes that may arise when utilizing the arbitration system.
- 발행기관:
- 한국무역보험학회
- 분류:
- 무역보험및서비스무역