• 한국중재학회지:중재연구
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• 제32권2호
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• pp.115-133
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• 2022

This article examines the Practical Suggestions for Promoting of Virtual Hearings in International Arbitration. COVID-19 had an prompt and meaningful impact on the practice of international arbitration. Nevertheless arbitral institutions, arbitral tribunals, and other participants learned quickly how to deal with this new challenge. The use of virtual or online hearings has been gaining popularity during the COVID-19 pandemic. Either with the help of arbitral institutions or by themselves, the parties realized that the only way to safeguard a hearing at all was to run it virtually. In fact, hearings by video conference or other technical means seemed to be the magic solution. One of the leading arbitration institutions, i.e. the International Chamber of Commerce in Paris has amended its Arbitration Rules to accept the subjects of recent international arbitration practice. Other arbitral institutions have similarly amended their respective rules. Many recent and adaptable institutional arbitration rules, either expressly or implicitly, allow for hearings to be conducted remotely. The trend has already been set by the leading institutions as ICC, LCIA, ICSID, SCC SIAC, and many more will follow. In short, enthusiasts of virtual hearings even believe that virtual hearings are "the new normal".

• 한국중재학회지:중재연구
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• 제1권1호
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• pp.171-317
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• 1991

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.67-86
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• 2020

In the case of multiple commerce contracts in commerce, as well as multiple contracts related to it, a solution for the merging of arbitration proceedings is necessary in order to ensure uniformity of dispute resolution. Since the arbitration proceedings are based on the parties' agreement, no merging of two or more arbitration proceedings may transpire unless all parties agree. Claims of merging in arbitration proceedings lead to problems such as lack of party autonomy, resulting from lack of consent of the parties to merging, and how to appoint an arbitrator in a multilateral arbitration proceeding. Many of the major arbitration bodies have recognized the significant benefits of the terms of consolidation, and have recently revised the Arbitration Rules to include or extend existing clauses to reflect the needs of the parties. This study introduces the merging provisions of several selected major arbitration rules, such as the ICC, Switzerland, SCC, LCIA, SIAC, HKIAC, ACICA, and UNCITRAL rules, and looks at the main similarities and differences among the rules.

• 한국중재학회지:중재연구
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• 제6권1호
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• pp.53-69
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• 1996

• 융합정보논문지
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• 제11권12호
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• pp.80-89
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• 2021

2020년 1월 30일, 세계보건기구(World Health Organization)는 COVID-19의 확산이 "국제보건규정(International Health Regulations)" 제1조에 규정된 "국제적 공중보건 비상사태(Public Health Emergency of International Concern)"의 기준을 충족한다고 선언하고, 팬데믹 퇴치를 위한 다양한 예비 권고를 제안하였다. 이후 3월부터 팬데믹이 본격화되면서 (일부 국가에서는 마스크 착용이 법으로 금지되었음에도 불구하고) 갑자기 공공장소에서 마스크를 쓰라는 지시가 내려졌다. 경제·사회 환경이 예상치 못한 방향으로 바뀌면서 법조계에서도 화상심리 도입 등 조금씩 변화의 바람이 불기 시작했다. 아마도 COVID-19 이후에는 이전의 일상과는 매우 다른 모습으로 변화될 가능성이 크다. COVID-19가 국제중재 진행방식에도 영향을 미치고 있는바 관건은 이러한 영향이 몇 년 동안만 지속되는 일시적인 문제로 그칠 것인지, 아니면 COVID-19의 확산이 국제중재 진행방식의 전환점이 될 것인지가 의문이다. 이러한 이해를 바탕으로 본 연구는 COVID-19가 국제중재에 미치는 영향 및 효과를 고찰하고, 향후 전망을 제시한다.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.137-160
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• 2014

These days, in line with the increase of opportunities in our country's firms to do transaction, large-scale M&A and investment with foreign firms incorporating arbitration clauses in the contracts have become general practice. Recently, Singapore has come to the fore as a place of arbitration and, particularly, Singapore International Arbitration Center (SIAC) was assessed as the favored international arbitration institution uniquely in Asia at the 2010 International Arbitration Survey: Choices in International Arbitration, along with the ICC, LCIA, and AAA/ICDR. Therefore, the country's firms need to understand properly the international arbitration procedure of Singapore. This study examines the international arbitration system of Singapore, focusing on the arbitration procedure of the SIAC. The Center revised arbitration rules twice in 2010 and 2013, and established the Court of Arbitration of SIAC in April 2013 for the first time in Asia in pursuit of stricter neutrality and promptness. It further seeks to run the arbitration procedure fairly by selecting a third country's people as an arbitrator, while its arbitration expenses are cheaper than those of the ICC. The study believes that for the country's international arbitration institutions such as the KCAB to jump forward as a world-class international arbitration institution, the Korean government should render positive support to them, learning from Singapore which does not spare any political and financial assistance to cultivate international arbitration institutions. On the other hand, KCAB should also try hard to improve in the aspects of neutrality, fairness, and promptness and to be selected as a trustworthy international arbitration institution by firms in Asian countries.

• 한국중재학회지:중재연구
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• 제6권1호
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• pp.93-111
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• 1996

• 한국중재학회지:중재연구
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• 제7권1호
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• pp.361-390
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• 1997

• 한국중재학회지:중재연구
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• 제7권1호
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• pp.55-75
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• 1997

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.3-27
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• 2013

Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.