UN은 모델중재법(2006)과 UNCITRAL 중재규칙(2010)을 개정하였다. 그리고 “중재기관 및 관계기관의 UNCITRAL 중재규칙에 따른 중재의 활용을 위한 지원권고사항(2010)도 개정하였다. 이미 주요 국제중재기관은 UN의 권고사항을 받아들여 기관중재와 임시중재가 결합된 중재규칙을 활용하고 있다. 한편 우리나라의 KCAB(대한상사중재원)에서는 UNCITRAL 중재규칙에 의한 중재를 실행하는데 한계가 있다. 본 연구에서는 UN의 UNCITRAL 중재규칙의 활용을 위한 권고지침을 살펴보고 주요 국제중재기관의 동 지침 수용실태를 비교분석한다. 그리고 본 연구는 우리나라에서의 무역분쟁의 기관중재와 UNCITRAL 중재규칙에 의한 임시중재가 결합되어 효율적으로 해결될 수 있는 방안을 연구하는데 목적이 있다.

The fundamental purpose of this paper is to provide the reasonable utilization method of the UNCITRAL Arbitration Rules for Settlement of Trade Dispute of Korea by adopting UNCITRAL's recommendations. Korea possesses a number of distinct advantages. These advantages include a reliable arbitration law, efficient arbitration body, arbitration-friendly court and well trained arbitrators. In light of the factors, it will not be controversial to refer to Seoul, Korea as the leading market for international arbitration to Northeast Asia. Any arbitration, wherever it is conducted, is subject to the mandatory rules of the lex arbitri. Generally, however, these mandatory rules will be broad and non-specific. For this, arbitration can be conducted by either ad hoc or the established arbitral institution. The parties may agree that the arbitration will be conducted(without involving an arbitral institution)according to an established set of rules such as UNCITRAL Arbitration Rules. Moreover, standard institutional formats may be undesirable in some circumstances. One study of "mixed" international arbitration. Under the UNCITRAL Rules such an entity need not to be an institution. If needed, it appoints arbitrators, decides challenges to arbitrators, and replaces arbitrators. The availability of institutions to perform this limited role addresses the primary weakness of "pure" ad hoc proceedings. The existence of an arbitral institution and the application of its procedural rules may lead to greater efficiency, but will also entail a corresponding reduction of the role of parties in selecting the arbitrator and in the conduct of the proceeding. Such advantage of Ad-hoc arbitration are sometimes lost in institutional arbitration. In this connection The United Nations Commission on International Trade Law(UNCITRAL) formulated and adopted the recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the Arbitration Rules as revised in 2010. UNCITRAL recommended the use of the recommendations of three kind of ways(serving as a model for institutions drafting their own arbitration rules, the offering to administer disputes under the UNCITRAL Arbitration Rules and acting as appointing authority). This paper is composed of five chapters. Chapter Ⅰ deals with the preface of this paper, Chapter Ⅱ provides a brief advanced research regarding trade dispute and UNCITRAL arbitration, Chapter Ⅲ considers "Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the UNCITRAL Arbitration Rules", and adoption status of UNCITRAL arbitration rules by nine international arbitration institutions, Chapter Ⅳ focuses adoption status of UNCITRAL arbitration rules by Korea and settlement way of problems, Finally Chapter Ⅴ addresses conclusion of this paper.

The fundamental purpose of this paper is to provide the reasonable utilization method of the UNCITRAL Arbitration Rules for Settlement of Trade Dispute of Korea by adopting UNCITRAL's recommendations. Korea possesses a number of distinct advantages. These advantages include a reliable arbitration law, efficient arbitration body, arbitration-friendly court and well trained arbitrators. In light of the factors, it will not be controversial to refer to Seoul, Korea as the leading market for international arbitration to Northeast Asia. Any arbitration, wherever it is conducted, is subject to the mandatory rules of the lex arbitri. Generally, however, these mandatory rules will be broad and non-specific. For this, arbitration can be conducted by either ad hoc or the established arbitral institution. The parties may agree that the arbitration will be conducted(without involving an arbitral institution)according to an established set of rules such as UNCITRAL Arbitration Rules. Moreover, standard institutional formats may be undesirable in some circumstances. One study of "mixed" international arbitration. Under the UNCITRAL Rules such an entity need not to be an institution. If needed, it appoints arbitrators, decides challenges to arbitrators, and replaces arbitrators. The availability of institutions to perform this limited role addresses the primary weakness of "pure" ad hoc proceedings.

Trade Dispute, Ad-hoc Arbitration, Institutional Arbitration, UNCITRAL Arbitration Rules, Administrative Rules under UNCITRAL Arbitration Rules