조선·해운산업의 효과적 분쟁해결을 위한 긴급중재인 제도 활용방안에 관한 연구

• 영문명: A Study on the Utilization of Emergency Arbitrator for Effective Dispute Resolution in Shipbuilding and Shipping Industries
• 발행기관: 한국중재학회
• 저자명: 김성룡(Sung-Ryong Kim)
• 간행물 정보: 『중재연구』 제27권 제1호, 107~129쪽, 전체 23쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.03.30

영문 초록

Arbitration has grown a unique resolving method for international commercial disputes. However, it has considered a similar court process, such as interim relief, during arbitration proceedings. Further, it would be asked for urgent measures before the arbitrators are constituted in the proceedings. In this case, the disputing party has to apply in the court. This is an unattractive factor in international arbitration; therefore, some institutions are trying to reform such an inconvenient system by adopting the emergency arbitrator. The purpose of this study is to look into ways of utilizing the emergency arbitrator for effective dispute resolution in shipbuilding and shipping industries. The emergency arbitrator needs to solve problems such as making a decision on leaving cargos in the ship, matters involving a ship arrest, or issues regarding vessels under construction. In order to utilize the emergency arbitrator system, it needs to make a close partnership with related institutions, prepare Korean-style standard shipbuilding and shipping contracts, and provide training programs for new emergency arbitrators and staff of institutions. Next, the arbitration institution has to have a great working relationship with a court. Finally, it should try to implement a new system, such as on-line service, for the procedures of the emergency arbitrator.

목차

Ⅰ. 서 론

Ⅱ. 조선·해운업 분쟁 특성과 중재제도

Ⅲ. 긴급중재인제도 적용과 필요성

Ⅳ. 긴급중재인제도 활용방안

Ⅴ. 결 론

키워드

해운산업 조선산업 중재 임시적 처분 긴급중재인 Shipbuilding Industry Shipping Industry Arbitration Interim Relief Emergency Arbitrator