Korea Trade Review (무역학회지)

Korea Trade Research Association (한국무역학회)
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The Revision Trend of UNCITRAL Model Law on International Commercial Mediation

국제상사조정제도에 관한 UNCITRAL 모델법 개정 동향

  • Hyun-Suk Oh (Korean Commercial Arbitration Board) ;
  • Sung-Ryong Kim (School of Economics & Trade, Kyungpook National University)
  • Received : 2020.02.11
  • Accepted : 2020.02.26
  • Published : 2020.02.28
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Abstract

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

Keywords

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