• Journal of Arbitration Studies
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• v.32 no.2
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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".

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.99-128
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• 2014

Last year, Seoul International Dispute Resolution Center(SIDRC) was set up to facilitate and promote international arbitration in Korea. This study was focused on the revision of arbitration rules such as ICC, SIAC, HKIAC and JCAA. As a leading arbitration institution in the world, ICC has tried continuously to provide more efficient service to their client by adopting emergency arbitrator(EA) & multi party arbitration. Other three institutions also introduced almost same mechanism to compete each other. These two new system is very innovative in international arbitration. First of all, EA was designed to provide interim measure service to preserve or protect parties' right before the constitution of arbitral tribunal. Arbitration institutions and arbitral tribunals should be careful to decide these requests are legitimate or not because too hasty approval on joinder or consolidation without full consideration such as parties' intention or argument may issue another serious problem - setting aside an award rendered after joined or consolidated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.473-493
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• 2016

If a certain country or an arbitration institution hopes to keep ahead of the fierce competition in the international arbitration market, it needs to develop hardware factors, such as i) Facility and Infra, ii) Geographical Location, iii) Professional Staff, iv) Global Network, v) Capital, and vi) Arbitrators & Practitioners etc., along with software factors including i) Arbitration Rules of Law, ii) Court's Support, iii) International Convention, iv) Political Risk, and v) Education Environment, which are the most critical requirements in the development strategy for international arbitration. Having perceived the above situation, the Korean government has been working on amending the Korean Arbitration Act to reflect global advanced practice of international arbitration, and seeking to enact laws that will promote our arbitration industry and create a more arbitration-friendly environment. The KCAB is also currently revising both the domestic and international arbitration rules in accordance with these national efforts. Under these circumstances, this paper examines how major leading international arbitration institutions manage their secretariats and suggests how the KCAB can compose and manage its Secretariat to gain a competitive advantage over rival institutions.

• International Commerce and Information Review
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• v.12 no.4
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• pp.429-453
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• 2010

The purpose of this paper is to examine the significances of choosing the place of arbitration, the principles of fixing the place, which the major international arbitration institutions(including the ICC, LCIA, AAA, CIETAC and so on) have in their arbitration rules, and the methods of drafting the place of arbitration in arbitration agreements. When the contract parties have agreed on the place of the arbitration, the institutions have no role regarding the selection of the place of arbitration. But the parties have not agreed on the place of arbitration, it is fixed by the rules of selected institution, by considering the lists of criteria including local laws, N.Y. Convention, neutrality, convenience and so on. This author suggested four alternatives on how to designate the place of arbitration, and advantages and disadvantages of each one: the place of claimant, the place of respondent, the place agreed on in advance in Bilateral Agreement between two Arbitration Institutions established in two countries or the third country. In conclusion, the decision of all elements in the international contract is greatly influenced by the power of negotiation, and the place of arbitration in arbitration agreement has a lot of influential significances on both parties when resolving the disputes. So it is advisable for the parties to fix the place according to the global standard(the place of respondent), the arbitration rules of major international arbitration institutes and the result of the negotiation between parties.

• Journal of Arbitration Studies
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• v.22 no.3
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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.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.3-17
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• 2015

For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

• Journal of Arbitration Studies
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• v.24 no.2
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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.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.177-200
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• 2013

Recently, many international arbitration institutions have responded to the business requirements of their users and have revised their rules to enhance the time and cost efficiency. Korean Commercial Arbitration Board (KCAB) revised the international arbitration rule in 2011, introducing new arbitration mechanisms like the expedited procedure. Also other Asian arbitration institutions introduced the expedited procedure in their international arbitration rules. Now expedited procedures are regarded as a very attractive system in the field of international arbitration. Accordingly, this paper reviewed the expedited procedures of four Asian countries, including China(CIETAC), Hong Kong (HKIAC), Singapore(SIAC) and Korea(KCAB). The purpose of this study is to find out meaningful implications to improve the Korean system. Based on this review, some recommendations are suggested as follows. First, the scope of the expedited procedure has to be adjusted upward than the current 200 million won. Second, there should be a fee schedule only for the expedited procedure. Third, in case of small amount international disputes, written examination should be more used in the expedited procedure. Finally, KCAB should make strong efforts to improve the awareness and usage of the expedited procedure in Korea.

• Journal of Arbitration Studies
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• v.23 no.2
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• pp.165-190
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• 2013

As intellectual property rights are perceived as the key element of creating added values and securing competitiveness, the result of intellectual property rights disputes play an important role in the success of companies. As seen from above strong points of an Alternative Dispute Resolution (ADR) system in Chapter III, intellectual property rights disputes increasingly tend to be resolved by ADR rather than litigation. Discussions about and operation of ADR are already being actively carried out in many countries, and major ADR institutions have been acquiring experience in a variety of intellectual property rights disputes. To enhance the use and recognition of ADR as the way of resolving the Intellectual Property Rights disputes in Korea, this study suggested the following three ways. First, domestic ADR institutions, the Korean Commercial Arbitration Board (KCAB) will need to establish cooperative systems with prominent overseas institutions to lead the disputing parties to fair resolutions as well as to instill trust in international arbitration institutions. Second, they will need to contribute to the promotion of arbitration systems throughout society by developing and applying a variety of arbitration systems as well as securing a pool of professionals. Finally, the arbitration rules will need to be continuously improved to deal with disputes promptly and reinforce privacy protection.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.25-49
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• 2015

That the arbitration will begin with an arbitrator to be done by the arbitrator is not too much to say. The arbitrator shall have a decisive influence on the outcome of an arbitration in any arbitral right to award arbitration. As demonstrated in sayings like "Good arbitration is a good arbitrator" and "Arbitration is as arbitrator", professionalism and fairness are the basis for the arbitration procedure. Parties qualifications and authority of the arbitrator shall be a dispute-resolution process, requiring special attention and special care because the careful review of the arbitration award itself exerts a significant influence on the selection of an arbitrator. Therefore, this paper, first, analyzes the meaning of international arbitrators as a general overview of international arbitrators, qualifications, etc. and looks for focuses of the role. Next, the purpose of this paper is to seek ways to expand trade and international arbitration institutions in international transactions by examining training plans such as for international arbitrators.