• Journal of Arbitration Studies
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• v.26 no.4
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.217-234
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• 2007

동북아시아 국가들은 세계 무역 및 투자에 중요한 역할을 담당하고 있다. 동북아시아 역내 및 역외 국가들과의 경제교류는 앞으로 계속 늘어날 것으로 전망되며, 이로 인한 국제상사분쟁은 국제상사중재 등 ADR에 의해 해결될 수밖에 없을 것이다. 동북아시아에서 ADR 제도가 발전되기 위해서는 무엇보다도 한국의 대한상사중재원, 북한의 조선국제무역중재위원회, 중국의 중국국제경재무역중재위원회, 일본의 일본상사중재협회, 러시아의 러시아상공회의소 부설 국제상사중재법정, 카자흐스탄의 카자흐스탄국제중재기관, 몽골국가중재법정 상호간의 중재 업무 전반에 관한 협력제제가 구축되어야 할 것이다. 국제상사중재에 관하여 동북아시아에 새로운 바람이 불고 있다. 경제자유구역 및 남북간 경제교류와 관련한 상사분쟁이 상사중재로 해결될 수 있는 법, 제도적 기반이 마련되었기 때문이다. 지난 해 한국에서는 대한상사중재원 주도하에 무역클레임 센서스가 실시되고 국제중재세미나가 개최되었으며 국제중재규칙이 제정(2007년도 2월 1일 시행 예정)된바 있다. 동북아시아 지역에서 국제상사중재제도가 발전되고 저변이 확대되기 위해서는 중재기관들 간의 협조체제가 구축되어야 할 것이다. 한편 한국도 동북아시아의 중재허브로 성장하기 위해서는 국제금융, M&A 등 중재 영역을 확대하고 경제자유구역 및 남북상사중재 등과 같은 새로운 영역에 대처를 잘 해야 할 것이다. 아울러 정부 당국의 재정적 지원과 행정적 배려도 수반되어야 할 것이다.