Book contents
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- A General Trends
- 3 Combinations of Mediation and Arbitration
- 4 The Resolution of International Commercial and Financial Disputes
- 5 Multi-tier Dispute Resolution
- 6 Perspectives and Challenges of Multi-tier Dispute Resolution in Japan
- 7 Might There Be a Future for Multi-tiered Dispute Resolution in Korea?
- 8 Combinations of Mediation and Arbitration
- B Specific Cases
- Part III Multi-tier Dispute Resolution in the Wider World
- Part IV Conclusion
- Bibliography
- Index
7 - Might There Be a Future for Multi-tiered Dispute Resolution in Korea?
Challenges and Prospects
from A - General Trends
Published online by Cambridge University Press: 09 December 2021
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- A General Trends
- 3 Combinations of Mediation and Arbitration
- 4 The Resolution of International Commercial and Financial Disputes
- 5 Multi-tier Dispute Resolution
- 6 Perspectives and Challenges of Multi-tier Dispute Resolution in Japan
- 7 Might There Be a Future for Multi-tiered Dispute Resolution in Korea?
- 8 Combinations of Mediation and Arbitration
- B Specific Cases
- Part III Multi-tier Dispute Resolution in the Wider World
- Part IV Conclusion
- Bibliography
- Index
Summary
This chapter examines the state of the use of multi-tiered approaches to the resolution of disputes related to Korea, particularly from a cross-border context. Unlike in other jurisdictions in Asia, multi-tiered clauses do not appear to be the preferred choice for dispute resolution for Korean parties. Med-arb, arb-med, or med-arb-med, where the combination of mediation and arbitration are sequentially carried out, sometimes by the same person in some jurisdictions, still remain uncommon in Korea. This is consistent with the fact that, relative to non-adjudicative approaches to resolve disputes such as negotiation and mediation, the use of adjudicative approaches such as litigation or arbitration remain the preferred options. Mediation remains a relatively underdeveloped alternative dispute resolution method for both domestic and international disputes. This chapter explores state of the use of multi-tiered dispute resolution by providing an overview of dispute resolution in Korea.
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- Information
- Multi-Tier Approaches to the Resolution of International DisputesA Global and Comparative Study, pp. 161 - 181Publisher: Cambridge University PressPrint publication year: 2021