국내 해사중재규칙에 대한 소고

Abstract

The discussions became more realistic as the two maritime arbitration institutions were instituted in 2018, including the Asia-Pacific Maritime Arbitration Center and the Seoul Maritime Arbitration Association. This has provided a basic infrastructure for the revitalization of maritime arbitration in Korea. Both entities have or are preparing rules for maritime arbitration. The maritime arbitration rules are very important because they are the framework of the system. In this paper, we review the current state of maritime arbitration including the advanced LMAA and the rules of maritime arbitration, and examine implications for us and propose a draft maritime arbitration rule. Regarding the scope of the maritime arbitration, it is also possible to consider a method of automatically moving to the maritime arbitration procedure if the registered maritime arbitrator is appointed as the arbitrator. In relation to jurisdiction, additional disputes after the commencement of the arbitration proceedings are included in the scope of arbitration. For the convenience and promptness of the parties in the arbitration proceedings, the hearing shall be made only in writing through agreement of the parties. Review the introduction of the LMAA preliminary meetings system. The decision shall be made within four weeks after the end of the proceedings. In the nature of maritime arbitration, consolidation of disputes system can be introduced. In order to ensure the effectiveness of the arbitration award, it is necessary to introduce a request for security for costs system. Among the advanced maritime arbitration rules such as the existing LMAA, we should pay particular attention to the prompt arbitration procedure. This may include omission of the reasons for the arbitration award, the declaration of the principle of appointment of one arbitrator, the written hearing by agreement of the parties, the time limit for the arbitration award, and the operation of the fast or small case procedure.