• 제목/요약/키워드: JCAA 신속중재절차

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싱가포르협약 이후 일본의 국제분쟁해결절차 활성화 동향: JCAA 중재규칙과 일본 중재법 개정안을 중심으로 (Efforts to Promote International Dispute Resolution under the regime of Singapore Mediation Convention in Japan: From the Perspective of Amendments to JCAA Arbitration Rules and Arbitration Act of Japan)

  • 조수혜
    • 한국중재학회지:중재연구
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    • 제32권2호
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    • pp.55-83
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    • 2022
  • The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.