영국중재법상 해사중재와 관련된 LMAA 중재의 시사점에 관한 연구

A Study on the Problems of LMAA Arbitration Related to the Maritime Arbitration under English Arbitration Act

In Korea, maritime arbitration has been treated as a part of commercial arbitration, and has undertaken maritime arbitration in Korean Commercial Arbitration Board without an independent and professional maritime arbitration body. However, the number of domestic shipping companies submitting maritime disputes to Korean Commercial Arbitration Board is gradually decreasing, and most are being referred to London Maritime Arbitration. Since most of the contracts related to shipping are international, the London Arbitration Clause and the London Maritime Arbitration Association (LMAA) Terms based on the British law and the English Arbitration Act, which have developed maritime laws, may be felt equally to the parties to the dispute. This study analyzes the application scope of maritime and commerce in British Law, considering the fact that domestic shipping companies mainly use maritime arbitration system in the UK where maritime arbitration system is developed in case of maritime dispute. And also analyze the current status and issues of LMAA Terms. Based on this, it will be analyzed the issue of the procedure and operation of the LMAA arbitration and draw some implications.