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싱가폴 해사중재제도와 그 시사점Maritime Arbitration in Singapore and its Implication to Korea

Other Titles
Maritime Arbitration in Singapore and its Implication to Korea
Authors
김인현
Issue Date
2016
Publisher
한국상사법학회
Keywords
Maritime Arbitration; Institutional Arbitration; Ad-hoc Arbitration; London Maritime Arbitration; Korea Commercial Arbitration Board; 해사중재; 기관중재; 임의중재; 런던해사중재; 대한상사중재원
Citation
상사법연구, v.34, no.4, pp.211 - 237
Indexed
KCI
Journal Title
상사법연구
Volume
34
Number
4
Start Page
211
End Page
237
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/90753
ISSN
1226-3362
Abstract
Maritime arbitrations in Singapore are conducted by the SCMA and the SIAC as well. While the SIAC is a general arbitration board, the SCMA deals with only maritime arbitrations. The SCMA is an ad-hoc arbitration whereas the SIAC is an institutional arbitration. The SCMA which became independent from the SIAC in 2009 are gaining popularity from maritime industries because it provides party-oriented arbitration procedures. Parties involved in the maritime arbitration can find several experienced maritime arbitrator who focused on only arbitration other than practicing law. Compare to the SCMA, the KCAB is not so popular in Korea as the maritime arbitration board. Becasue the KCAB is a kind of the institutional arbitration, its secretariat controls the arbitration procedures. There is strong call for developing Korean maritime arbitration in order to keep abreast with the development of Korean maritime industry. The author argues that Korea should adopt the ad-hoc arbitration like SCMA and LMAA in order to meet the demand of the industry. The raising for experienced maritime arbitrators who focus only on the maritime arbitration is also essential for achieving such goal in Korea.
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