• 한국중재학회지:중재연구
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• 제5권1호
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• pp.117-153
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• 1995

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.23-42
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• 2020

The purpose of this study is to analyze the characteristics of Vietnam's arbitration system and to present measures that companies can utilize in practice. This research considers KCAB International Arbitration Rules, focusing on amendments to the Decree on Vietnam Commercial Arbitration Act and amendments to the VIAC Arbitration Rules. To sum up some features, the decree on the Commercial Arbitration Act simplified the registration procedures for arbitration centers and their branches and made the publication of court decisions and the recognition of the approval and execution of foreign arbitration courts, thereby enhancing transparency. First of all, the decree on the Commercial Arbitration Act simplified registration procedures for arbitration centers and their branches. In addition, the court strengthened transparency by officially announcing court judgments, recognition, and decisions. Next, there are some points to note in the arbitration rules of the VIAC. First of all, the rules of expedited procedure lack clarity. Next, parties should make a separate document for counterclaim and submit it with a statement of defense. In addition, the arbitral language may choose multiple languages by the Arbitral Tribunal unless the parties agree. Therefore, companies need to take a closer look at their understanding of the international arbitration system, which is mainly used in international disputes, and the characteristics of the Vietnamese arbitration system.

• 한국중재학회지:중재연구
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• 제1권1호
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• pp.45-108
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• 1991

• 통상정보연구
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• 제15권4호
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• pp.287-311
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• 2013

본 연구는 대위중재에서의 당사자적격성과 관련하여 복잡하게 전개될 수 있는 시비를 해결할 수 있는 방향의 설정에 대해 고찰하였다. 결함문제를 해결하기 위해 전례를 분석해 본 결과, 대위중재로 중재판정에 이른 사례는 찾아볼 수 있지만 대위중재 그 자체에 대한 판정이유는 불분명하다. 기존의 법원판례는 대위중재를 허용하는 듯 안 하는 듯 애매모호하고 대위중재의 허용여부에 대한 직접적인 법원의 판례는 찾아보기 힘들다. 또한 어느 한 국가의 판례로는 국제거래에서 발생하는 대위중재에 대해 단정할 수도 없다. 대위중재가 자동으로 허용되는지 아닌지 분명하지 않으면 전략적 차원에서 볼 때 분쟁해결절차의 경우의 수는 너무나 많아 수많은 사회적 비용을 치르게 된다. 따라서 향후 대위중재의 허용여부에 대한 국제적 통일지침의 확정이 긴요한 바, 본고에서는 자동차 대위중재제도, 공백과 상호주의 그리고 코즈정리의 관점에서 고찰한 결과 확정오퍼가설에 입각한 대위중재의 제도정립이 바람직하다는 결론에 이르렀다. 대위중재사건을 맡은 중재인들이나 판사들, 그리고 관련자들이 확정오퍼가설에 입각하여 대위중재에서의 당사자적격성을 판단한다면 본고에서 살펴본 대위중재와 관련한 문제점들을 대부분 해결할 수 있을 것으로 기대된다. 또한 국제적으로도 대위중재에 대한 확정오퍼가설이 확산됨으로써 대위중재의 일관된 해결원리가 확정오퍼가설로 수렴되기를 기대한다.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.3-22
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• 2008

The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

• 한국중재학회지:중재연구
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• 제27권4호
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• pp.115-131
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• 2017

The purpose of this paper is to consider key issues and to categorize international arbitrations on industrial significance. Thus this study focused on synthesizing industrial significance, retaining international competitiveness, and securing national implications of international arbitration as a legal service trade system. To obtain these goals, the liberalization of international arbitration proxy service, invitation of international arbitration board regional offices such as PCA to AAA-ICDR, and drawing of international mediation institutions to invigorate the legal service market should be exerted. To revitalize the international arbitration, it would be renounced the control rights of economy-related disputes with internationalism while policies should be improved to enhance the execution of arbitration agreements and awards. It is emphasized the necessities of the process through the institutional mediation agency to resolve more court mediation and international dispute cases, and to handle international arbitration cases after training professional legal experience through cooperation with international arbitration boards such as LCIA, ICC, AAA, and PCA. Ultimately, to revitalize the international arbitration, the industrial significance of arbitration should be analyzed and the critical industrial influence of arbitration such as in the semiconductor, petrochemistry, and ICT sectors should be expanded to gain the competitiveness of the global legal service market with the assistance of institutional complementary measures.

• 한국중재학회지:중재연구
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• 제33권2호
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• 한국중재학회지:중재연구
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• 제28권1호
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• pp.43-75
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• 2018

The Court of Arbitration for Sport (CAS) was created to focus on the procedural complexity in the resolution of sports-related disputes, confidentiality, the matter of expenses, and the necessity of prompt settlement in the field of international sports. The CAS had originally launched as one of bodies of International Olympic Committee (IOC), but later it became properly operational as an independent organization to facilitate sports-related disputes when the International Council of Arbitration for Sport (ICAS), which came into force in accordance with the Paris Agreement in 1984 and has acted in place of IOC, took responsibility for the administration and financing of the CAS. The CAS is composed of four divisions, the Ordinary Arbitration Division and the Appeals Arbitration Division, the Ad hoc Division created later in 1996 and the CAS Anti-Doping Division (CAS ADD) established as from 2016 only to conduct proceedings and to issue decisions on an alleged anti-doping rule violation, and two (Sydney and New York) permanent decentralized offices. The head office of the CAS is Lausanne, Switzerland. Since CAS ADD was established, CAS Ad hoc Division has had jurisdiction over the appeal case against a decision pronounced by the IOC, an NOC, an international Federation or an Organizing Committee for the Olympic Games. Although there are so many virtues of CAS as a resolution authority for sports-related disputes in terms of its organization, arbitration rules and procedures, it is also true that the CAS has not been showing the consistency. The CAS should overcome these issues through much more advanced system and its instant and fair decisions.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.215-238
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• 2012

This paper is to review the interim measures of arbitral tribunals in international commercial arbitration and to compare the emergency arbitrator systems of international arbitration institutions including the ICDR, SCC, SIAC, ACICA, and ICC. Most arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measures of protection. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the revised articles with regard to interim measures of UNCITRAL Model Law of 2006 are regarded to contribute significantly to the effectiveness of interim measures in international commercial arbitration. A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal may make an application for such measures. Major international arbitration institutions have their own rules and provisions for the emergency arbitrator system, which was set forth first by the ICRD in 2006. The application requirements for emergency arbitrators are almost the same. However, there are significant differences in details such as appointments and applications for challenging emergency arbitrators, the process and form of the emergency arbitrator's decision, etc. Therefore, it will be necessary to consider these differences for more desirable emergency arbitrator proceedings in Korea.

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.97-119
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• 2008

The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.