• Journal of Arbitration Studies
• /
• v.30 no.1
• /
• pp.67-86
• /
• 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.

• Korea Trade Review
• /
• v.43 no.1
• /
• pp.91-107
• /
• 2018

This study considers the activation of the Asia Pacific Maritime Arbitration Center(APMAC) established for the first time in South Korea. This research investigates the suitability of arbitration for maritime disputes through literature review, as well as the importance and expectations of the establishment of the APMAC. In order to activate the APMAC, maritime arbitration rules must be established. Second, a cooperative body should be established between the courts and related institutions. Third, related institutions need to creat a short term and long term promotion plan. Fourth, the APMAC should appoint professional arbitrators in the maritime field. Fifth, an educational system should be established for new arbitrators. Finally, APMAC should link to universities for research activities.