영국중재법상 해상중재인의 직무에 관한 연구

A Study on the Duty of Arbitrator under UK Arbitration Act

The arbitration clause needs to consider whether it is reasonably to contribute quickly and inexpensively dispute resolution, or if such a condition interferes with the commencement of arbitration and takes time and money. In the UK, this is discussed in the establishment and validity of the prior recourse to mediation clause and prior recourse to negotiate in good faith clause. Most members of the arbitration community hold to the view that there subsists a professional obligation of impartiality which inheres in the office of arbitrator and which is not to be diminished at all in the case of a party-appointed arbitrator. This requires not only that he act fairly, but also that he be seen to be doing so. In this article, after examining the functions, duties and obligations of the arbitrator and the preconditions in the UK arbitration law, suggests some practical rules of engagement and best practices that emerge from the analysis. It also proposes a systematic approach to arbitrator regulation in the establishment of a central body to oversee the discipline of international arbitrators.