해사중재 활성화의 전제조건에 관한 재검토

Abstract

In the meantime, the domestic arbitration industry has not been activated despite its importance, and it is highly likely that this will have a negative impact on the continued growth and development of domestic industries which are closely related to the arbitration industry. In light of this critical view, the government has enacted the Arbitration Promotion Act, which encompasses the ongoing demands of academia and the business community for the promotion of the domestic arbitration industry. Accordingly, the above law is expected to become an institutional device that will lead the growth of the overall intervention industry including the domestic maritime arbitration in the future. However, not only the detailed regulations for promoting the arbitration industry prescribed in the above-mentioned law have yet to be provided, but there are a few important points in the interpretation and application regarding the designation of the arbitration institution. These points need to be revised and supplemented in order to see the progress of the law. Meanwhile, the Asia-Pacific maritime arbitration center was established in Busan as an important touchstone for the revitalization of domestic maritime arbitration. It is expected that the center will contribute to the revitalization of domestic maritime arbitration in the future because it is the intention of the center to become the central agency of the dispute settlement of domestic maritime disputes and international maritime disputes beyond Busan area. However, the above changes are not sufficient conditions, only a part of the requirements for activation of maritime arbitration are satisfied. The domestic maritime arbitration workforce is still insufficient compared to Hong Kong or Singapore, and the reputation of domestic maritime arbitration capacity is not as high as internationally. In terms of hardware for activating maritime arbitration, it is also true that the personnel composition of the Asia-Pacific maritime arbitration center and the underdeveloped arbitration facilities do not reach our competitors such as Hong Kong. Given these various points, we still have to continue our efforts to revitalize maritime interventions.