남북 상사중재기구의 운영과 실행과제

Administration and Practical Problems of South-North Commercial Arbitration Organization

The purpose of this paper is to make a research on the administration and practical problems of the arbitral organization called 「ruth-North Commercial Arbitration Commission」. The Arbitration Commission shall be set up under the South-North Agreements officially called 「reement on Settlement Procedure of Commercial Dispute」and 「reement on Organization and Administration of the South-North Arbitration Commission」 between the South and the North of Korea. A variety meaps of dispute settlement including friendly consultations, conciliation and arbitration called Alternative Dispute Resolution(ADR) will be used frequently and institutionally to settle commercial disputes and conflicts arising from economic transactions between the South and the North of Korea. Under the circumstances, it is becoming a problem of vital importance how to operate the Arbitration Commission for the prompt and effective settlement of the South-North commercial disputes. First of all, the South and the North of Korea should recognize the availability of prompt and effective means of dispute resolution such as arbitration and conciliation to be made by the Arbitration Commission would promote the orderly growth and encouragement of th South-North trade and investment, for which the following measures should be taken as soon as possible : 1. Enactment of the South-North Arbitration Rules. 2. Designation of the arbitral institution by North-Korean side. In this connection, the Korean Commercial Arbitration Board(KCAB) was already designated officially as the arbitral organization of South Korean side as of April 17, 2007. 3. Arbitration shall be held in the place where the respondent has nis domicile, in case that both parties fail to agree as to the place of arbitration. 4. Permission of a third country arbitration in case that both parties agree to do so. 5. To become a member country of international arbitration agreements including the New York Convention.