국제중재판정의 지연이자에 관한 고찰

A Study of Delay Interest in International Arbitral Awards

Awarding interest in international arbitration remains one of the most chal enging areas for tribunals and parties given the myriad of is ues that arise. This article se ks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various is ues that international arbitral tribunals face concerning pre-award and post-award interest, determining the ap ropriate interest rate, sur ounding simple or compound interest, and the complex is ue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.