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Some Suggestions for KCAB arbitration fee

  • DONG-A LAW REVIEW
  • 2012, (54), pp.753-772
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

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1아주대학교

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ABSTRACT

In KCAB arbitration process, arbitration fee which is determined by KCAB rules should be paid in full by parties in advance. Aftermath KCAB arbitratiors should determine each party's due amount of fee with its final decision. KCAB conventionally declares each party's due proportion of arbitration fee in its final decision, though it does not specify exact amount. Though this kind of decision for arbitration fee is very similar to that of civil procedure in Korea, this make party who has won the case not be able to collect the rest of arbitration fee from its opponent without another legal action. This problem comes from the fact that there is no other way but “Civil procedure cost decision” provided by Court to specify this kind of decision, though this cannot be applied to KCAB arbitration, whether it is followed by judgement of execution or not. However, if KCAB arbitrators change this conventional decision form to directly specifying exact amount and ordering parties who lose their case pay this amount to the other parties, which is also admitted by present rules, This kind of problem seems to be simply solved. Besides, KCAB arbitration rule does not include lawyer's fee in its arbitration cost so this cannot be reimbursed for won party. However, considering same fee in judgement execution is included in legal cost, it seems fair to allow won party to collect its lawyer's fee which is found reasonable.

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