전자무역과 전자상거래의 경계 확인 및 중재 역할의 재정립 방안

A Study on the Re-establishment of Commercial Arbitration’s Role Based on the Difference between e-Trade and e-Commerce

This paper reviews the distinctive characteristics between e- Trade and e-Commerce in view of commercial arbitration in Korea and explores several improvements for the role of commercial arbitration. As the volume of e-Trade and e-Commerce has expanded day by day, there will be more disputes between traders no matter where the commerce may occur. But despite increasing of the disputes relating to e-Commerce transaction, it seems that the role of commercial arbitration has been shrunk instead. Korea needs to improve the role of commercial arbitration in order to meet and lead the age of u-Trade Hub(u-TH) service and to adopt an offensive or active attitude when arbitration used. Moreover, it is suggested that the competence of arbitration should not only be intensified more precisely but also be redesigned more systematically. Korea should take advantage of arbitration resources actively such as arbitrators as human resource and experiences as knowledge assets and also prepare the policy for sharing those arbitration resources between arbitrators more effectively.