國際商事契約에서 仲裁條項 삽입시 중재기관 선택에 따른 고려사항 (A Study on Consideration factors for Selection of Institution, When Arbitration Clause Inserted in International Commercial Contracts.)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 55권 / 63 ~ 93페이지
· 저자명 : 오원석, 정희진

초록

The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract.
Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration.
The typical advantages of institutional arbitration would include:

∙ Benefits of using an established set of rules ∙ Services provided by the institution ∙ Low risks of obstruction ∙ Enhancement of the possibilities of enforcement ∙ Forecast of the estimated cost ∙ Specially useful for existing disputes

Next, this author examined the consideration factors when selecting the institution in respect of the following factors:∙ Institution's arbitration rules ∙ Institution's rule regarding the appointment of arbitrators ∙ Ability of administrators of each institution ∙ Reputation of the arbitral institution and the likability of enforceability of its award ∙ Cost ∙ Choice of the arbitral institution in relation to the choice of place of arbitration

Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO.
Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

영어초록

The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract.
Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration.
The typical advantages of institutional arbitration would include:

∙ Benefits of using an established set of rules ∙ Services provided by the institution ∙ Low risks of obstruction ∙ Enhancement of the possibilities of enforcement ∙ Forecast of the estimated cost ∙ Specially useful for existing disputes

Next, this author examined the consideration factors when selecting the institution in respect of the following factors:∙ Institution's arbitration rules ∙ Institution's rule regarding the appointment of arbitrators ∙ Ability of administrators of each institution ∙ Reputation of the arbitral institution and the likability of enforceability of its award ∙ Cost ∙ Choice of the arbitral institution in relation to the choice of place of arbitration

Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO.
Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

참고자료

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