국제중재 기반 구축과 진흥– 추격자 입장인 일본 최신 동향의 소개를 겸하여 –

Abstract

Recently, by improving the legislative system and establishing the foundation, Korea has been prepared to revitalize and promote the system for international arbitration. In other words, 「Arbitration Act」 was amended on May 29, 2016 with regard to the UNCITRAL Model Law on International Commercial Arbitration (as revised in 2006), and was enforced from November 30, 2016. Moreover, 「Arbitration Industry Promotion Act」 was legislated on December 27, 2016 and is being enforced since June 28, 2017. The act is mainly about the systematic support from the government in order to construct a foundation for promoting the arbitration industry so that Korea can develop as a hub of northeast Asia for international arbitration. In the meanwhile, it was frequently pointed out that Japan, compared to other Asian countries including Korea, is not making a good use of arbitration as a method for resolving dispute related to international transaction. As an effort to overcome the concern, the Japanese government started on a project to boost the field of international arbitration for the first time in 2017, and is seeking for various measures in order to revitalize the international arbitration by examining ① the significance and purpose of activating international arbitration as dispute resolution method and the current situation in Japan, ② actions for the legal infrastructure improvement, ③ actions for revitalizing international arbitration involving Japanese companies, ④ actions to activate third-party arbitration, and ⑤ public-private partnership and cooperation. Although Korea is a bit preceding in the field, this study will take a look on the recent trends of Japan with similar consciousness for the issue and moreover, make some suggestions in order for Korea to grow as a hub for international arbitration.

Recently, by improving the legislative system and establishing the foundation, Korea has been prepared to revitalize and promote the system for international arbitration. In other words, ｢Arbitration Act｣ was amended on May 29, 2016 with regard to the UNCITRAL Model Law on International Commercial Arbitration (as revised in 2006), and was enforced from November 30, 2016. Moreover, ｢Arbitration Industry Promotion Act｣ was legislated on December 27, 2016 and is being enforced since June 28, 2017. The act is mainly about the systematic support from the government in order to construct a foundation for promoting the arbitration industry so that Korea can develop as a hub of northeast Asia for international arbitration. In the meanwhile, it was frequently pointed out that Japan, compared to other Asian countries including Korea, is not making a good use of arbitration as a method for resolving dispute related to international transaction. As an effort to overcome the concern, the Japanese government started on a project to boost the field of international arbitration for the first time in 2017, and is seeking for various measures in order to revitalize the international arbitration by examining ① the significance and purpose of activating international arbitration as dispute resolution method and the current situation in Japan, ② actions for the legal infrastructure improvement, ③ actions for revitalizing international arbitration involving Japanese companies, ④ actions to activate third-party arbitration, and ⑤ public-private partnership and cooperation. Although Korea is a bit preceding in the field, this study will take a look on the recent trends of Japan with similar consciousness for the issue and moreover, make some suggestions in order for Korea to grow as a hub for international arbitration.