UNCITRAL 신속 중재의 도입과 전망

Introduction and Prospects of UNCITRAL Expedited Arbitration

2021년 7월 9일 UNCITRAL은 2021년 신속 중재 규칙(EAR)을 채택하였다. EAR의 채택은 UNCITRAL의 워킹 그룹 No. II 에서 2년 반 동안 집중적으로 논의한 결과이다. 위원회는 원칙적으로 규칙에 대한 중요한 논평과 지침을 제공하는 EAR에 대한 워킹그룹의 설명을 채택하였다. 간이중재규칙 제정의 배경에 있는 기본적인 사고는 분쟁 당사자가 단순하고 합리적인 절차에 합의할 수 있도록 하여 단기간에 중재 판단을 하는 것을 목적으로 하고 있다. 당사자에게는 비용 절감으로 이어진다는 장점도 있다.

The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose. Expedited arbitration is increasingly used by parties and is growing in popularity. The basic idea behind establishing expedited arbitration rules is to create the possibility for the parties to a dispute to agree on a simplified and streamlined procedure and to have an arbitration award issued within a short period. The associated cost savings for the parties is another benefit. The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the “increasing demand to resolve simple, low-value cases by arbitration” and “the lack of international mechanisms cope with such disputes.” As a result, the UNCITRAL 2021 Expedited Arbitration Rules (UNCITRAL EAR) took effect on September 19, 2021. The EAR was adopted by the Commission on 21 July 2021 and, next to UNCITRAL’s well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission’s impactful work in the field of international arbitration. Overall, the UNCITRAL EAR has great potential to meet the need for more flexible and efficient arbitration proceedings, primarily because they provide the tribunal with strong managerial powers while still leaving room for consultation with the parties. However, parties must remember that not all disputes may be suitable for expedited arbitration, and disputes that are complex or have the possibility of being joint or consolidated may not benefit from simplified procedures and tight deadlines. This article will outline the core features and characteristics of the UNCITRAL EAR.