중재와 처분권주의

The initiation and termination of the arbitration procedure is left to the disposition of the party, but unlike in civil proceedings, the subject and scope of the arbitration are not necessarily left to the disposition of the party. Rather, because of the procedural nature of arbitration, a flexible decision considering equity can be made, allowing a considerable amount of freedom for the arbitral tribunal in terms of the subject and scope of the award or the granting of remedies. However, since the principal of disposition is applied to arbitration in a ‘relaxed’ form, the arbitral tribunal shall be bound to the purpose of the arbitration application and shall not arbitrarily violate the quantitative upper limit applied by the claimant. But to the extent that it is not an unexpected blow to the parties, the arbitral tribunal shall have the right to choose a remedy suitable for resolving the dispute resolution. The judgment of the Supreme Court of the Republic of Korea(2018. 12. 13. 2018DA240387) confirmed that the declaratory award given to the claimant who sought the performance award was not a violation of the principal of disposition, but failed to provide specific criteria regarding the scope and limitations of the principal of disposition in arbitration. In this thesis, I have made an exploratory attempt to establish the standards, and I hope that future research by academia on the relationship between arbitration and the principal of disposition will accumulate and reasonable standards of judgment will be formed.