중재의 대상에 관한 화해 관련 쟁점의 고찰

Even during arbitral proceedings to resolve a dispute over legal relationships that are within the parties’ power to dispose of, the parties may settle the dispute that is the subject of the arbitration. In international arbitration, many arbitral proceedings are terminated by a settlement. If the parties are negotiating a settlement outside the arbitral proceedings, it is advisable for the arbitral tribunal to suspend the proceedings at the parties’ request. When the parties settle the dispute during the arbitral proceedings and an arbitral award on agreed terms is issued at the request of the parties, the award shall have the same effect as any other award on the merits of the case, and the proceedings shall be terminated by that award. However, when the parties settle the dispute during the arbitral proceedings but no award on agreed terms is issued because the parties have not requested it, it should be deemed that only a compromise agreement comes into existence between them. In that case, the arbitral tribunal shall issue a decision to terminate the proceedings. If, after the parties have settled the dispute, the settlement is recorded as an arbitral award on agreed terms, it should be understood that both a compromise agreement and an award on agreed terms coexist, unless the parties have agreed in the compromise agreement that the formation of an award on agreed terms constitutes a condition subsequent.