중재비용에 관한 고찰

초록

Costs are incurred throughout the process of arbitration as it does throughout litigation. Usually, parties need to pay for ① fees and expenses of the arbitrators, ② the cost of the arbitration institution, ③ and any other extra costs required throughout the arbitral proceeding. The 2016 amended Arbitration Act newly inserted Article 34-2 (Allocation of Arbitration Costs) “Unless otherwise agreed by the parties, the arbitral tribunal may determine the allocation of costs of arbitration incurred in the arbitral proceeding, considering all circumstances of the relevant arbitration case.” However, the way to determine the scope of arbitration costs is still unclear due to the vague prescription, which in fact should be decided beforehand in order to allocate the cost between the parties. Arbitration costs are rising as a major issue throughout the arbitral process, due to the uncertainty of the total costs itself as well as the costs that can be reimbursed, and the lack of a governing schedule for cost allocation between each parties. This paper is an overview on the cost allocation between each parties, the scope of arbitration costs as its prior issue, and the determination of costs and returns, across a number of relevant arbitration regulations.

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