상사조정법 제정에 관한 연구

Abstract

As international investment and trade increases, international commercial disputes between companies are also increasing significantly, and interest in dispute settlement procedures to resolve such disputes is also growing. Traditionally, international arbitration, which guarantees neutrality and guarantees international enforcement under New York Convention, has been used mainly to resolve international commercial disputes, but preference for international mediation has recently increased significantly due to high costs and delays of procedures in arbitration. Mediation can be said to be the most appropriate way of resolving disputes between the parties that need to maintain business relations because, by the support of a third party (Mediator). The parties will become the main subjects of dispute resolution and pursue mutually favorable resolution, and in the process, they will have sufficient opportunity for dialogue to resolve the issue. As a result, the demand of companies has increased significantly, and UNCITRAL, which seeks to revitalize international commerce, adopted the Singapore Convention, which guarantees the international enforcement of settlement agreements through mediation, and revised the Model Law on Mediation, which reflects the Singapore Convention. With international convention and model mediation law in place, many countries are now considering domestic legislation for the domestic acceptance of the convention. As there are few legislative cases yet, the model mediation law can be referred to for mediaiton-related legislation, and discussions on important issues such as harmonization with existing domestic mediation, requirements for the execution of settlement agreements and reasons for refusal of enforcement are needed in the legislative process. In particular, conflicts of interest among various sectors on practical issues, such as violations of the Law on Lawyers when selecting non-lawyer mediators and representative issues of foreign lawyers in Korea, should also be sought for harmony. After the adoption of the New York Convention and the Model Law on Arbitration, arbitration was activated by the respective countries through the entry of the Convention and the enactment of the Arbitration Act, which would provide an opportunity for further development of the International Trade Dispute Resolution System through the activation of mediation under the current circumstances in which the Singapore Convention and the Model Law on Mediation are in place. In order not to lag behind such an international trend, it is time for the korea to actively pursue legislation of the Commercial Mediation Law.