중재인 보수청구권에 관한 연구

Abstract

The arbitrator is the decisive element in any arbitration. The parties may choose an arbitrator or several arbitrators who are impartial and independent, and have the technical and legal expertise and language skills to resolve their particular dispute. However, the cost of bringing a claim before an international arbitral tribunal is likely to be considerably higher than that of bringing the same claim before a national court. It is necessary for the parties to pay the fees and expenses of the arbitral tribunal and the cost of hiring suitable accommodation for hearings in addition to the usual expenses of litigation. Furthermore, where the arbitration is administered by an arbitral institution, the fees and expenses of that institution must be paid. This contrasts sharply with proceedings before a national court, where the court rooms, the attendants, and the judges themselves are provided and paid for by the State. There are no universally established method for assessing the fees payable to an arbitrator for taking part in an international commercial arbitration. There are at least three methods in current use: the ‘ad valorem’ method, the ‘time spend’ method and the ‘fixed fee’ method. The question of establishing effective arrangements with regard to fees and expenses is as the important for the arbitrators as it is for the parties. The acceptance by the arbitrators of the functions bestowed upon them creates a legal relationship between the parties and the members of the tribunal.