• 한국중재학회지:중재연구
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• 제34권1호
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• pp.51-74
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• 2024

Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.3-30
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• 2008

This paper is to research the current status of ADR in Korea, the qualifications of mediator (or conciliator) and arbitrator, the ADR education program of major foreign arbitration-related institutions and the efficient management device of ADR education program for the activation of the ADR system. In 2007, arbitration applications received at the Korean Commercial Arbitration Board numbered 320 and the amount involved those cases was US$ 216 millions. Mediation applications received at the KCAB numbered 552 and the amount involved those cases US$ 29millions. As of December 2007, the total numbers of arbitrators on the KCAB Panel of Arbitrators was 978. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Act of Korea. The KCAB has the consolidation regulation of the Panel of Arbitrator of which purpose is to regulate the criteria and procedure regarding the drawing up and maintenance of the panel of arbitrators. The UK Chartered Institute of Arbitrators has the criteria and qualifications for membership of which three grades are associate, member and fellow. The American Arbitration Association has the qualification criteria for admittance to the AAA National Roster of Arbitrators and Mediators. The Japan Association of Arbitrators has the official authorization regulation for membership of which three grades are special associate, ordinary associate and fellow. The UK Chartered Institute of Arbitrators has the ADR education programs which are composed of the mediation courses and arbitration courses. The American arbitrators Association has the ADR education programs which are composed of in-person training and online training. The Japan Association of Arbitrators has the ADR education programs which are composed of the cultivation courses of conciliator and the practical training courses of arbitrator. The efficient management devices of ADR education program are as follows: the execution of official authorization system of arbitrator, the establishment of specialized division for training and official authorization, the establishment of ADR regular training courses, the publication of ADR training texts and obtaining of instructors, and the consolidation of regulations related to the official authorization of arbitrator and ADR training. In conclusion, for the activation of ADR system, the KCAB and Korean Association of Arbitrators should make further effort to provide the ADR regular education and training programs for potential and practicing conciliators and arbitrators.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.3-46
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• 2004

To realize the spirit of the South-North Joint Declaration of June 15, 2000, the competent authorities of the South and the North of Korea have reached two Agreements to settle commercial disputes as well as to set up an arbitral organization called 'South-North Commercial Arbitration Commission'. The Commission is an institutional organization for settlement of commercial disputes arising from trade and investment between south and north Korea. Under the situation, it is becoming a problem of vital importance how to manage and control the Commission for prompt and effective settlement of south-north commercial disputes. While analyzing the above two Agreements for dispute-settlement mechanism, the author proposes desirable ideas and directions in connection with the Commission as follows: 1. First of all, the Commission should become a central common system for settlement of commercial disputes which meets the demand of capitalistic market economy. 2. The Authorities of south and north Korea should recognize that the availability of prompt, effective and economical means of disputes resolution such as arbitration and conciliation to be made by the Commission would promote the orderly growth and encouragement of south-north trade and investment. 3. The Korean Commercial Arbitration Board(KCAB) should be designated as the Arbitration Commission of South Korea because the KCAB is the only authorized institution in South Korea, statutorily empowered to settle any kind of commercial disputes at home and abroad.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.47-64
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• 2015

Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).

• 한국중재학회지:중재연구
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• 제23권2호
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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.

• 한국중재학회지:중재연구
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• 제33권4호
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• pp.3-35
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• 2023

The Korean government has enacted the Arbitration Industry Promotion Act, which aims to foster the arbitration system as an industry, strengthen national competitiveness, and systematically provide government support so that the arbitration industry can become a future growth engine, and has been in effect since June 28, 2017. In accordance with Article 3 of the Arbitration Industry Promotion Act, the Minister of Justice must establish and implement the Basic Plan for the Promotion of the arbitration industry every five years to promote the arbitration industry. Accordingly, the Ministry of Justice established the "Basic Plan for the Promotion of the Arbitration Industry" (2019-2023) at the end of 2018, which has been in effect since January 1, 2019. This study first reviews and evaluates the domestic arbitration sector performance of the first basic plan, then reviews and evaluates the international arbitration sector performance of the first basic plan, and finally suggests what tasks to focus on when establishing the second basic plan for Promotion of Arbitration Industry.

• 한국중재학회지:중재연구
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• 제15권2호
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• pp.61-91
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• 2005

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, ADR(Alternative Dispute Resolution) including arbitration and mediation, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, efforts for settlement of trade and investment disputes by ADR have been made between Korea and China through trade and investment agreements and arbitration agreement. Judging from the importance of economic exchange between Korea and Qingdao including Shandong Province, The Korean Commercial Arbitration Board(KCAB) and The Qingdao Arbitration Commission(QAC) should strengthen mutual cooperation to develop efficient methods of resolving commercial disputes arising between the two countries and to assist parties in solving those disputes through conclusion of arbitral agreement. Recently, efforts for conclusion of a Korea-China-Japan Free Trade Agreement(FTA) received strong support at Korea-Japan and Korea-China Summit Meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. Under the circumstances, the key arbitral institutions including KCAB and QAC should consider to take the initiative in setting up tentatively called ${\ulcorner}$Joint Arbitration Center for Northeast Asia${\lrcorner}$ for which the CAMCA of NAFTA will be the good example.

• 한국중재학회지:중재연구
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• 제20권2호
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• pp.27-47
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• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

• 한국중재학회지:중재연구
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• 제7권1호
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• pp.411-446
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• 1997

This paper reports the results of an experimental companson of the winning rates in arbitral awards between the Korean Commercial Arbitration Board and the Japan Commercial Arbitration Association, and analyzed the comparative advantages of KCAB in international arbitration compared with ICC. There are so many factors to analyze the level of internationalizaton and competitiveness in the arbitration. From the recent lituratures, arbitration experts reported and debated tremendous elements which is vital to have a competition in the international arbitration market. Arbitration factors such as fairness, reliability, awareness, extension, enforcement, inexpensiveness, closed and expedited proceedings, arbitrators, expert knowledge, service, arbitral award, etc. are very important to appraise the level of the globalization and competitiveness of arbitration organizations Using these factors, I appraised current level of the globalization and competitiveness of the Korean Commercial Arbitration Board, unique arbitration organization in South Korea. Next, we are able to compare the level of fairness using the concept of 'winning rate' All over the world, only several arbitration organizations published and opened their own arbitral awards even In anonymity. The Japanese arbitration institutions published it regularly as well as the Korean When compared with these two institutions' "winning rates". there is similiar tendency in favor of domestic corporations That is to say, the winning rates in domestic arbitration cases are greater than those in international arbitration cases. This embarks an implication of unequality, a part of unfairness, in these two countries' arbitration. Finally, an analysis was conducted between the statistics of KCAB and ICC, especially to the focus on the number of arbitration cases, arbitration tribunals, arbitration places, parties' nationalities. the types of contents, the amount of arbitration, arbitration costs. There are two meanings to keep in mind for advancement of Korean arbitration. One is to establish new strategy specializing in small amount arbitration less than US$200,000. The other is to rearrange the panel of arbitration, especially in increasing field of arbitration cases such as the disputes of license, technology transfer, patent, etc.

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.3-49
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• 2006

The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.