Since the 20th century, all kinds of alternative dispute resolutions (ADR) flourish in countries around the world. Together with the trial, they constitute the diversified alternative dispute resolution. As a form of “ADR”, arbitration is welcomed by people because of its rapidity, confidentiality and autonomy. Many countries use specialized legislation or stipulate arbitration system in civil procedure law. China had set up foreign arbitration system and local arbitration system while establishing the country. However, local arbitration is only a form of administrative arbitration for a long time. In 1994, the enactment of the Arbitration Law of the People’s Republic of China represented the establishment of modern Chinese arbitration system. Korean arbitration law has been set up since 1966 and it had not made any changes since its adjustment in 1973. It established its new arbitration law in December, 1999. With the rapid development of the trade between the two countries, the two countries has already become important trade partners. China and Korea built their diplomatic relations, signed trade and investment protection agreement and agreement on the establishment of economic and trade cooperation joint committees in August 24th, 1992. In the last decade, the cooperation between the two countries concerning trade, investment, labour service and technical training has been developed with rapid speed. At present, China is the third largest trading country of Korea. However, with the rapid growth of trade scale between China and Korea, the number of trade disputes between the two countries is growing day by day. The essay clarifies the interest of the related people in economic transaction, culture exchange and the resulted all kinds of frictions and disputes by comparing the international commercial arbitration system between China and Korea. The increasing number of trade disputes between China and Korea can be concluded as the following three points. Firstly, as China now is still a developing country, the domestic market is still immature and its ability to control market supervisor, controls the transnational trade is still very low. Secondly, the disputing parties have not communicated with each other well before they sign their contract. Thirdly, Korean companies commonly have very little knowledge regarding the People’s Republic of China law system. As most of the Korea companies have very limited knowledge about Chinese commercial law system, they are not able to be well prepared for potential commercial disputes while they make their contracts. And when real commercial dispute happens, they do not know how to utilize Chinese commercial law system to solve their problems. So arbitration is becoming increasingly important while solving trade disputes. On February 1st 1992, China and Korea signed the ‘China-South Korea Trade Agreement’ which stipulates that those trade and economic cooperation disputes that cannot be solved by consensus between the parties should use arbitration. The same year on December 15th, the ‘China-South Korea Arbitration Agreement’ stipulates that pro-applicant should be taken while there is no special agreement between the two parties. For example, when two parties have no agreement on solving disputes, Chinese arbitration agency owns jurisdiction when South Korea put forward disputes. When China put forward disputes, Korean Agency owns jurisdiction. Among international transactions, different parties from different countries with diversified laws, languages, economics and habits increase the possibility of disputes. And if the prevention of disputes or the ways to deal with disputes are not ready, the interested parties not only own damage compensate responsibility, but also would be affected on all aspects because of losing the credibility of the country and the enterprise. China and South Korea governments should be more concerned about the increasing number of commercial disputes between the two countries resulted from the rapid development of trade between the two countries. And solutions should be pursued which can benefit the mutual economic cooperation between China and Korea. As an overseas student in South Korea, I notice the importance and special effect arbitration has on solving disputes between the two countries. Thus, I hope this research could provide some reference and inspiration for the arbitration legislation and commercial intercourse between the two countries by comparing the arbitration law systems of the two countries. This essay compares the most recent development of arbitration law systems of the two countries on aspects such as the origin of the arbitration system, the current situation, key features, the arbitrator’s qualification, hearing of arbitration, the implementation of commercial arbitration and so on. Moreover, the essay also offers insight on the flaws of the Chinese commercial arbitration system and the corresponding suggestion for improvement. The arbitration systems of the two countries can complement each other which would promote the mutual communication and cooperation of the two countries. At the same time, it could also make contribution on the normalization of trade between the two countries and make the rapid development continue in a friendly environment.
상사분쟁의 해결방법 중 소송 이외의 분쟁해결방법을 ADR이라 한다. 특히 ADR 중 상사중재는 효율성ㆍ비공개성ㆍ신속성ㆍ국제적 효력이라는 특징과 더불어 분쟁해결 과정에서의 당사자 자주성 등의 특징을 내포하고 있어 상사분쟁의 해결수단으로 가장 많이 활용되고 있다.중국의 개방개혁 이후 한ㆍ중 무역규모는 급진적으로 증가하고 있다. 이에 비례하여 상사분쟁 역시 증가하고 있다. 따라서 한ㆍ중 무역에서 발생하는 상사분쟁의 해결은 앞서 살펴본 대로 상사중재제도를 통해 해결할 여지가 많다. 그런데 한국과 중국의 중제제도의 도입배경과, 변천과정이 다르며 현재의 중재규칙 등의 차이점이 존재하고 있다. 따라서 본 연구는 중재제도의 도입, 현황, 특징, 중재임의 자격, 중재심리, 중재판정의 승인 및 집행 등을 중심으로 한ㆍ중 양국의 중재제도를 비교하고 연구한다.이를 통해 한ㆍ중 중재제도의 차이점으로부터 발생될 수 있는 유의점 또는 시사점을 도출하여 무역 실무계에 당해 논점에 대한 올바른 인식을 제공하고자 한다.