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

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.65-97
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• 2014

Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.145-179
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• 2001

The Federal Maritime Commission is issuing new regulations implementing the Administrative dispute Resolution Act. The new regulations expand the Commission's Alternative dispute resolution(“ADR”) services, addressing guidelines and procedures for arbitration and providing for mediation and other ADR services. This rule replaces current subpart U-(Conciliation Service), with a new subpart U-(Alternative Dispute Resolution), that contains a new Commission ADR policy and provisions for various means of ADR. The rule also revises certain other regulations to conform to the Commission's new ADR policy. So, this paper object was to study on the FMC's ADR in U.S. with the emphasis on the final rule analysis.