싱가포르 국제상사분쟁해결 제도의 최근 쟁점과 시사점

• 영문명: Recent Issues and Implications of the Singapore International Commercial Dispute Resolution System
• 발행기관: 충북대학교 법학연구소
• 저자명: 김영국(Kim, Young Kook)
• 간행물 정보: 『법학연구』第31卷 第1號, 67~100쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

Today s commercial disputes cause enormous damage to companies in terms of time and money if they lead to indiscriminate litigation, so companies facing disputes need to settle disputes more quickly, clearly and efficiently. Since commercial disputes have the international character of different nationalities between the parties, the utilization is bound to increase if there is a system that can apply relevant laws and regulations from an objective and neutral standpoint. As a result, countries around the world are to become the leading countries of international commercial transactions by seeking alternative dispute resolutions in relation to commercial disputes. As trade and investment in the Asia-Pacific region has increased rapidly, Asian countries have been paying attention to the system for resolving commercial disputes. In particular, Singapore, one of the world s leading merchandising trade countries, is actively expanding its influence in the market through prompt and reasonable resolution of disputes. For example, Singapore has well-organized related laws for the smooth and efficient operation of international commercial courts as well as commercial arbitration and commercial conciliation. As it has a positive effect in terms of the national economy, many Asian countries are trying to strategically foster Alternative Dispute Resolution (ADR). Not only being a trading power, but also having several geopolitical advantages, Korea is actively working to develop ADR. Since commercial disputes of international nature tend to prefer dispute resolution methods of third countries rather than the country to which the company belongs, the parties to the dispute have no choice but to prefer a country that can handle disputes neutrally and fairly based on its advanced dispute resolution system. In addition, companies will evaluate their ability to respond quickly and actively to changes in the international transaction environment and the trial method under dispute resolution procedures as an important criterion in choosing a dispute resolution site. In this paper, therefore, we tried to derive meaningful implications by examining the international commercial dispute resolution system in Singapore, and examined ways to increase competitiveness as a dispute resolution site by using non-face-to-face trial methods. Since international commercial dispute resolution is also developed in various ways as the times change, an attitude to adapt well to this environment is first required. The examples include commercial arbitration and commercial conciliation in one protocol, the effectivation of international agreements to enhance the executive ability of commercial conciliation, or non-face-to-face video trial procedures to be implemented without technical problems. Although the limitation is that we do not use English as an official language as a non-English speaking country, we need to make efforts to create international standards by leading the technical system to speed up the trial procedure. The introduction and activation of non-face-to-face trial procedures may be a good alternative. In addition, we need to make Singapore s one-stop dispute resolution system more efficient. There is controversy over the establishment of the International Commercial Court right now, but ultimately, we think it should be established someday in order to function as an international hub for resolving international commercial disputes. In addition, it is necessary to actively attract international commercial dispute resolution sites to Korea by taking the lead in creating conciliation and arbitration cooperation relationships in this region by using the geopolitical point, which is the center of Northeast Asia.

목차

Ⅰ. 서 론

Ⅱ. 국제상사조정과 국제상사중재의 변화추이

Ⅲ. 국제상사조정에 관한 싱가포르협약

Ⅳ. 싱가포르의 중재-조정-중재

Ⅴ. 싱가포르의 국제상사법원

Ⅵ. 우리나라에의 시사점 및 대응 방안

Ⅶ. 결 론

키워드

상사분쟁 대체적 분쟁해결제도 상사중재 상사조정 국제상사법원 Commercial dispute Alternative Dispute Resolution commercial arbitration commercial conciliation international commercial court