국제중재의 증거절차가 한국 증거법에 주는 시사점

• 영문명: Implications from International Commercial Arbitration for Korean Evidence Law
• 발행기관: 한국민사소송법학회
• 저자명: 전원열
• 간행물 정보: 『민사소송』제29권 제3호, 503~558쪽, 전체 56쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

There have been persistent calls for legislation to provide parties in Korean civil litigation with additional means to gather facts and evidence. However, the evidence collection procedures permitted to parties under common law jurisdictions, e.g. discovery in the U.S., differ significantly from continental civil law jurisdictions including Korea in their procedural fundamentals, and are difficult to introduce into Korea. International arbitration proceedings, initiated by the parties' agreement, are being smoothly managed even though the arbitrators do hot have coercive methods of the national courts. Therefore, examining the evidentiary procedures in international arbitration can contribute to improving Korean evidence law. Accordingly, this paper first provides an overview of evidentiary procedures in international arbitration and then examines how conflicts between continental and common law systems are addressed in international arbitration evidentiary procedures. Next, it examines the circumstances and grounds under which arbitral tribunals issue disclosure orders for evidence that parties do not wish to submit, as well as the scope and duration of such orders. This paper also examines in detail the arbitral tribunal's power to impose sanctions that make such disclosure orders effective, including, most importantly, the power of adverse inference. Finally, this paper examines the implications of these evidentiary procedures in international arbitration for Korean evidence law.

목차

Ⅰ. 서론

Ⅱ. 국제중재의 증거절차 개관

Ⅲ. 중재판정부의 증거개시명령

Ⅳ. 증거개시명령 불응에 대한 제재

Ⅴ. 한국 증거법에 대한 시사점

참고문헌

키워드

국제상사중재 영미법계 대륙법계 증거개시명령 반대사실 추론 international commercial arbitration common law jurisdiction civil law jurisdiction document production order adverse inference