국제상거래에서 전자식 중재합의의유효성에 관한 연구

A Study on Effectiveness of Electronic Arbitration Agreement for International Commercial transaction

Arbitration is the most developed type of out of court dispute settlement. The parties may choose the body responsible for arbitration select a specialist arbitrator and choose the law to be applied within the arbitration. The enforceability of international awards is ensured by the New York Convention on an almost global level. The arbitration of cross-border disputes thus offers many advantages over dispute settlement by the courts. And also business parties is to be recommended to use the arbitration for their dispute resolution on international commercial dispute. However Internet is changing all of business practice and customs on international commercial transaction. Even in the dispute settlement part, Information technology is accepted in law for dispute resolution methods. Especially for the useful dispute resolution arbitration is not excepted in information technology. The compliance with form requirements is condition for the enforceability of an arbitration agreement. The possibilities of the parties by means of regulating controversies by arbitration are limited with regard to requirements of form. An international arbitration agreement must comply with the form requirements of the New York Convention if it shall be enforced according to this Convention. The problems are that data messages are to be complied with the letters or telegram in Article 2 of the New York Convention. National laws and international conventions are extending the requirement of writing to electronic data message for examples facsimile, e-mail, or other means of communications which provides a record with New York Convention. But which is not uniform rules for interpretation of requirement of writing, arbitration as a method of international business dispute resolution is not clearly accepted in all of the world which is territorial sovereignty. So we should try to find that uniform rules of interpretation of using data message in arbitration agreement is needed. And new convention for international commercial arbitration with extending the data message should be discussed under uncertainty of substance and practice of arbitration systems.