칠레의 중재제도에 관한 연구

Abstract

Chile possesses rich resources as a nation located in Central and South America and is a country that accounts for a part of trades with Korea among nations in South America. Until now after Korea-Chile FTA was effective in April, 2004, trade flows between two nations has increased rapidly. Such an increase of trade flows can lead to a rise of disputes because of trade frictions, so it is expected that trade disputes with Chile will increase gradually. As is generally known, in international commercial disputes more than any other areas, the need of settlement by ADR such as arbitration has been on the rise. However, because Korea has focused more on trades and exchanges with English speaking nations and European nations, it is expected that there will be many difficulties in trading with Spanish speaking nations because of relatively inactive trades with those nations as well as lack of information on these nations and cultural differences. This article aims at introducing overview of Chile's arbitration system. In particular, after examining Chile's typical arbitration cases along with overview of Mediation and Arbitration Center of Santiago Chamber of Commerce and Industry, which is the most representative arbitration center, it explores the law on international commerce arbitration that is a arbitration of Chile. In a current situation that there is almost no information in Korea that introduces Chile's arbitration system, this article will help Korean businesses that intend to international trades with Chile businesses by giving them understanding of Chile's arbitration system and will be an academic foundation in studying Chile's arbitration system in the future.