• Journal of Arbitration Studies
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• v.20 no.1
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• pp.21-39
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• 2010

The role of the arbitrator is so significant in the international arbitration that its success or failure may depend on the credibility of the arbitrator. It has long been understood that the ideal arbitrators are should be independent, unbiased, and have the requisite legal and/or technical expertise and experience for the case at hand. Arbitrators may be selected either by agreement of the parties, by appointment by arbitral institution or by a national court. This article outlines the main method of selecting the members of the tribunal plus some of the benefits and burdens of each method. One of the most common methods of appointing arbitrators is by agreement of the parties. This approach is very attractive because it allows parties to submit a their dispute to judges of their own choice, that they also agree on. Most arbitral institutions have a panel of arbitrators and their arbitral rules. So, if disputants agree on a specific arbitral institution, they can settle their disputes by arbitration easily and quickly. If disputants are unable to agree on arbitrator(s) or a specific arbitral institution, method of selecting arbitrator(s) by national court must be employed.

• Journal of Arbitration Studies
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• v.3 no.1
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• pp.17-67
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• 1993

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.141-160
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• 2009

This article examines some factors that should be taken into consideration as the number of arbitrators to constitute arbitral tribunal, how to select them and the characteristics of arbitrators by their expert field, and the various problems that may arise in selection of arbitrators. When dispute parties select one arbitrator or a chairman of arbitral tribunal, they should consider the characteristic of case. When legal problem is more important, they should select a lawyer, whereas when trade practice is more important, they should select a businessman. Especially, when they decide to select a businessman as one arbitrator or a chairman of arbitral tribunal, they allow him not to write the reason of award if possible because he is lack of know-how to write it. Also, dispute parties should acquire the information of the main career and character of arbitrator, his experience of arbitration and so on before they select him.

• Journal of Arbitration Studies
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• v.4 no.1
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• pp.73-98
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• 1994

• Journal of Arbitration Studies
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• v.7 no.1
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• pp.247-293
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• 1997

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.183-213
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• 2011

China and North America have been South Korea's biggest trading partner long time. As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies and between Korean companies and North American Companies have been increasing. If these disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration. But if the parties doubt their arbitrator(s)'s fairness and independency, they can discharge them in accordance to law and arbitration institute's rules. In comparison with arbitrator system for way of selection and discharge among Korea, China and North America, some differences are found. First, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea and North America whereas the Chairman of CIETAC choose him in China. Second, the authority to decide whether arbitrator is discharged owing to his fairness and independency, depends on arbitration institute and court in Korea and North American whereas it depends on the Chairman of CIETAC only.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.49-65
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• 2010

The expanded role of courts in arbitral procedures is said to have certain detrimental effects on the cost-effective approach to arbitration. This is the case when the court is appointing an arbitrator, pursuant to the specific domestic legal regime. The danger of decisions, especially those with expanded role of courts can create delays and hurdles. Even with contradictory viewpoints, the role of the court should complement the arbitral tribunal and not impede the functioning of arbitration independent of the judicial system. In this paper, two recent cases in Korean Supreme Court are reviewed, trying to find the proper implications on further arbitration practices especially in the stage of arbitrator appointment. Even though the proper appointment of arbitrators is essential to the existence of valid arbitration proceedings, appointment of arbitrators by the courts should constitute an administrative power, and not a judicial power. The cases reviewed make clear that the court must play a facilitative role in international commercial arbitration by assisting the parties in appointing the arbitral tribunal, the court intervention must be kept to a minimum.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.3-22
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• 2006

이 논문은 지난 10월 26일 및 27일 양일간에 걸쳐 서울의 Grand Intercontinental Hotel에서 개최된 국제중재학술대회 ICC/KCAB/KOCIA Conference에서 발표된 것으로 외국 변호사들의 이해를 돕기 위해 우리나라 중재법의 주요 내용을 설명하되, 특히 뉴욕협약과 국제상사중재에 관한 유엔모범법과 차이가 있는 부분을 주로 설명하였다. 이 논문은 우리나라 중재법이 규율하는 분야 중에서 그 적용범위, 중재적격, 통지의 서면성, 중재합의의 형식, 중간구제조치의 집행, 중재의 준거법 및 중재인의 선정 등에 관하여 설명하였다. 또한 이 논문은 우리나라가 일본, 중국 및 우리나라를 포함하는 동북아무역과 관련한 분쟁에서 중재의 중심지가 되어야 할 것을 역설하고, 이를 위해서 우리나라 유일의 중재기관인 대한상사중재원이 중재인 및 사무국 분야에서 개선이 필요함을 주장하였다.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.23-41
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• 2007

The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institutional arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.147-165
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• 2008

Appointment of arbitrators is very important in arbitration. As it has been a long laps since Korean peninsula was devided into two parts, South and North, it has come to be too much gaps between South and North in the law, social system, commercial practice and etc.. South Korea is familar to international commercial practice and capitalistic legal system generalized internationally in modern times. On the other hand as North Korea was closed society for a long time, they are not familar to international commercial practice and market economy. In this connection, commercial disputes arising from the transactions between South and North will occur frequently and it will be very difficult to select governing law or commercial practice referred to the disputes. Under the circumstances, when and if an arbitrator from South or North will be appointed as presiding arbitrator in the tribunal composed by three arbitrators, the part from which the presiding arbitrator come will be a majority, and it will be advantageous to the parties came from the part of which the presiding arbitrator come from. Such being the case, sole arbitrator or presiding arbitrator needs to be appointed among foreigner. Otherwise I recommend the tribunal composed by two arbitrators and umpire system. As to arbitrator's fee, as there is a big gap in its economic aspects between South and North, I supposed to need establishing the fund made by corporation with South and North in order to compensate arbitrators from South or abroad for their fee. Finally it is more important to prevent disputes arising from transactions between South and North. In order to prevent the disputes, education for North Korean about international commercial practice and skill to make a contract of international sale of goods and investment are needed.