THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 20
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- Pages.343-365
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- 2003
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- 1229-2036(pISSN)
A Study on the Ways to expand ADR System As a Method of International Trade Dispute Resolution
무역분쟁(貿易紛爭)의 해결수단(解決手段)으로서 ADR활성화(活性化) 방안(方案)에 관한 연구(硏究)
Abstract
Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.