동북아 ADR 협력의 현황과 개선방안

1. More stress on the regional cooperation in Northeast Asia Northeast Asia is quickly becoming a distinctive and crucial region in the world. In the 21st Century, irrevocable trends including globalization, information revolution, and growing interdependence among nations will present Northeast Asia with new challenges and opportunities for regional collaboration. Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Northeast Asia has nations that are endowed with abundant skilled labor, entrepreneurs, natural resources, capital, and advanced technology. Many common challenges and complementary resources in this area call for mutually beneficial cooperation and exchanges, not only in the economic sector, but also in the political, security, environmental, social, cultural, and educational arenas. Globalization of the world economy, together with the trend towards regional trading blocs, brings new challenges such as the need to define global standards, harmonize regulations, and engage in multilateral trade negotiations. These issues call for more deliberate regional cooperation and coordination as well as a united voice to advance the region's common interest. 2. Necessity of a reasonable dispute settlement mechanism Under the situation, efforts have been made among Korea, China and Japan for conclusion of a KoreaㆍChinaㆍJapan Free Trade Agreement(FTA) which has been confirmed again at Korea-Japan and Korea-China summit meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration and mediation, instead of litigation in national courts, have become the preferred means of resolving private international commercial disputes. This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade system through multilateral negotiations at the global level. But on the other hand, while WTO is promoting the global free trade system, regional economic cooperation system such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN. In order to promote free trade in a region, it is an essential factor to establish a central common system to resolve private commercial disputes arising from such free trades. Such a dispute resolution system was already introduced and established in NAFTA. 3. What is an acceptable model in Northeast Asia? With respect to private disputes arising in the sphere of NAFTA, Article 2022 of NAFTA specifically provides for the encouragement and use of arbitration and other alternative dispute resolution techniques(ADR) as the desirable means of resolving such controversies. Consistent with the objectives of the said Article, the Commercial Arbitration and Mediation Center for the Americas(CAMCA) was founded in December of 1995, by the four leading national institutions in North America(The American Arbitration Association, The British Columbia International Commercial Arbitration Centre, The Quebec National and International Commercial Arbitration Centre and The Mexico City national Chamber of Commerce). The use of mediation, a nonbinding process assists the parties in reaching their own settlement. On the other hand, arbitration, submission of a dispute to one or more impartial persons for a final and binding determination, can be utilized for the resolution of all types of private commercial disputes arising in investment and trade, construction, employment, financial services, franchising, intellectual property, manufacturing, oil and gas, and many other areas. CAMCA provide commercial parties involved in the free trade area with an efficient, international forum for the resolution of private commercial disputes which inevitably arise. Representatives from each of these institutions govern CAMCA and cases may be filed with any of their offices. A multi-national panel of arbitrators and mediators is available to serve under these rules, and impartial committees, representative of the nationalities of the parties and chaired by a national of a country other than that of any of the parties, are available to resolve contested locale issues. In conclusion, I would like to recommend that tentatively called 「Mediation and Arbitration Center for Northeast Asia」 should be established in the near future for the promotion of dispute settlement within Northeast Asian area. For that purpose, the key arbitral institutions of the three countries(Korea, China and Japan) should take the initiative in setting up the forum, for which the CAMCA will be a good example.

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