SAJ 선박건조표준계약에 대한 영국판례 검토 -한국법 준거법 및 한국중재의 대안 가능성의 고려- = Review of English Case Laws on SAJ Shipbuilding Contract Form -Considering Korean Law as Governing Law and Korean Arbitration as Dispute Resolution as an Alternative-

다국어 초록 (Multilingual Abstract)

Korean shipbuilders widely use the SAJ shipbuilding contract form prepared by Shipbuilding Association of Japan in 1960s. SAJ form is supposed to be goverend by Japanese law, however, in practice the parties agree to have English law as governing law. When the SAJ form governed by English law is used, it is not clear whether the shipbuilder shall be responsible for the loss of income and/or hire arising from the defect of the vessel after the delivery of the vessel. This is because whether the exclusion clause in Article 9(Warranty Clause) of SAJ form excludes consequential damage claim is not clear. Relevant English caselaws including China Shipping Corp. v. Nippon Yusen Kabukish Kaisha case do not provide clear rules in this regard. Meanwhile, under the SAJ form governed by English law, it is not clear whether the purchaser may seek compensation of damages based on repudiatory breach in addition to the recovery of paid installment price in case of the cancellation of contract due to the late delivery. Considering the recent English caselaw, Stocznia Gdynia SA v. Gearbulk Holdings Ltd. case, the English court is likely to allow damage claim based on repudiatory breach but there is still controversy. In terms of assuring the certainty by using the standard contract, using SAJ form governed by English law is unsatisfactory as there are still number of uncertainties in the interpretation of clauses. This is in contrast of certainties perceived by the market in using the standard forms in both carriage of goods contracts and the international sale of goods. Shipbuilding arbitrations in Korea may be promoted given these uncertainties in the potential English arbitration and the location of major shipyards being in Korea, compared to other areas of maritime arbitrations.