• Title/Summary/Keyword: roster of arbitrators

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The Efficient Education Program for the Activation of the ADR System (ADR제도 활성화를 위한 효율적인 교육프로그램에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.18 no.1
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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.

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Some Perspectives on the North-South Arbitration Commission Scheduled on the Two Korea's Agreed Minutes (남북상사중재위원회 구성$\cdot$운영 활성화 방안)

  • Kang Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.377-413
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    • 2004
  • North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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