우리나라 해사중재 활성화를 위한 실무적 제언

Practical Sug estions for Promoting Maritime Arbitration in Korea

While maritime arbitration industry has not be n prevalent in Korea, Korea ranked fifth in terms of export volume and its shipbuilding industry ranked top global y in shipbuilding order volume in 2020. The discrepancy betwe n the maritime industry’s productivity and relative lack of maritime arbitration has had a negative impact on Korea’s economic development. To ad res these problems, this paper ⅰ) reviews preceding research, ⅱ) examines the Korean maritime arbitration system’s status and analyzes the KCAB’s maritime arbitration statistics from 20 5-2020, ⅲ) examines major foreign maritime arbitration institutions’ status and strategies including LMAA, SMA, SCMA, and HKMAG, and lastly ⅳ) sug ests practical ways to promote maritime arbitration in Korea. The Sug estions for promoting maritime arbitration are 1) to prepare and promote various maritime standardized forms for the Korean ship ing industry, 2) to insert an arbitration clause in medium and large-size Korean ship ing firms’ B/L clause, 3) to expand profes ional maritime manpower training and other infrastructure, and 4) to enhance the predictability of the result of arbitration through maritime arbitral awards or by examining the feasibility of the ap eal system against the arbitral award only on a point of law in the future. In conclusion, the suc es or failure of promoting maritime arbitration in Korea depends on the wil , pas ion, co peration and practice of the most important key players in maritime arbitration, such as the Asia Pacific Maritime Arbitration Center (APMAC), the Korean Commercial Arbitration Board (KCAB) and the Seoul Maritime Arbitrators As ociation (SMAA).