미국 소비자금융보호위원회(CFPB)의 2015년 「중재연구 의회보고서」의 내용과 시사점

안건형,AHN, Keon-Hyung 한국무역상무학회 2018 貿易商務硏究 Vol.77 No.-

The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

2017 ICC 개정 중재규칙의 주요내용과 시사점

안건형(Keon-Hyung Ahn) 한국무역연구원 2017 무역연구 Vol.13 No.4

This paper examines the newly revised ICC Arbitration Rules which were enforced as of the 1st of March 2017. To this end, innovative changes in these rules reflecting policy development and practice with a view to increase time and cost efficiency and transparency are scrutinized and analyzed after which the newly adopted provisions for expedited procedures aimed at having the final award issued by a sole arbitrator within 6 months after the case management conference are presented. A comparative analysis on the provisions for expedited procedures among the ICC, ICDR, SIAC, and KCAB rules is then conducted where some major issues that may generate due process challenges by dissatisfied parties to the arbitration are discussed. Some implications from the possibility of due process challenges are offered and a couple of practical tips for trade or legal practitioners on what to consider in implementing the newly revised ICC Rules in the future are suggested.

KCAB에 대한 주요 국제중재기관들의 사무국 운영방식의 시사점

안건형(Keon Hyung AHN) 한국무역상무학회 2016 貿易商務硏究 Vol.69 No.-

If a certain country or an arbitration institution hopes to keep ahead of the fierce competition in the international arbitration market, it needs to develop hardware factors, such asⅰ) Facility and Infra,ⅱ) Geographical Location,ⅲ) Professional Staff, ⅳ) Global Network, ⅴ) Capital, and ⅵ) Arbitrators & Practitioners etc., along with software factors including ⅰ) Arbitration Rules of Law, ⅱ) Court’s Support,ⅲ) International Convention, ⅳ) Political Risk, and ⅴ) Education Environment, which are the most critical requirements in the development strategy for international arbitration. Having perceived the above situation, the Korean government has been working on amending the Korean Arbitration Act to reflect global advanced practice of international arbitration, and seeking to enact laws that will promote our arbitration industry and create a more arbitration-friendly environment. The KCAB is also currently revising both the domestic and international arbitration rules in accordance with these national efforts. Under these circumstances, this paper examines how major leading international arbitration institutions manage their secretariats and suggests how the KCAB can compose and manage its Secretariat to gain a competitive advantage over rival institutions.

기업책임경영(RBC)의 국제입법동향과 정책적 시사점

안건형(Keon Hyung AHN),조인호(In Ho JOE),권희환(Hee Hwan KWON) 한국무역상무학회 2017 貿易商務硏究 Vol.75 No.-

As Multi-National Enterprises expandedtheir investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation’s charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small andmediumsized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It’s necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.

건설 산업과 ESG (부제: 중재는 ESG다)

안건형(Keon-Hyung Ahn) 한국강구조학회 2021 韓國鋼構造學會誌 Vol.33 No.5

한국의 엔터테인먼트산업과 중재의 현황과 과제 -한국의 연예매니지먼트 사업을 중심으로-

안건형 ( Keon Hyung Ahn ) 중앙대학교 법학연구원 문화.미디어.엔터테인먼트법연구소 2010 문화.미디어.엔터테인먼트 법 Vol.4 No.1

This study examines the entertainment industry, especially, among others, entertainment management business which involves most complicated interests among concerned players in Korea. Entertainment management business in Korea has a couple of unique features when compared with other countries. First, entertainment management companies carry out function of management along with agency together, whereas these two different functions are separated in developed countries in the field of entertainment business, like in USA. Second, entertainment management companies tend to get involved in producing movies, TV programs and music albums as well as management and agency business of entertainers. Third, it is common to giv to entertainers an advance payment for exclusive management contract by a pertinent management company. Lastly, entertainment management business has a characteristic similar to that of venture industry which has incubating role and has high-risk high-return feature. For these unique reasons in Korea, disputes arise very frequently between entertainers and management companies. In the meantime, Korea Fair Trade Commission (KFTC), one of the Government agencies, has published a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") on 6 July 2009, to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement and exemption of payment after the termination of the exclusive contract. In the dispute resolution clause of the said model form, parties can choose either litigation or arbitration. As far as disputes related to exclusive contract for entertainment management are concerned, it is desirable to resolve disputes by arbitration than litigation. Privacy and speediness of dispute resolution are most important factors when celebrities are involved. Public image is directly linked to celebrities` reputation and commercial opportunity, and furthermore, to their income. Therefore, it is very timely to examine the entertainment management business in Korea and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

다국적기업의 무역·투자에서 발생하는 기업책임경영(RBC) 및 기업인권(BHR) 관련 분쟁사례와 시사점

안건형(Keon-Hyung AHN),오지헌(Ji-Heon OH) 한국무역상무학회 2020 貿易商務硏究 Vol.88 No.-

다국적기업들은 국경을 초월하여 구축된 글로벌 공급망을 통하여 경제적 이익을 향유해왔을 뿐만 아니라 상당한 사회적 영향력을 가지게 되었는바, 이제 그에 상응하는 다국적기업들의 사회적 책임 내지 기업책임경영(RBC)의 중요성이 점점 강조되고 있다. 특히 글로벌 공급망 내 사업현장에서의 인권 침해에 대한 우려의 목소리가 높아지는 가운데 기업인권(BHR) 관련 분쟁들도 점차 증가하고 있는 추세이다. 그리고 이러한 다국적기업을 상대로 한 분쟁들은 종래와 같이 기업의 리스크 관리 대상에 그치는 것이 아니라 기업의 평판과 투자가치, 나아가 기업의 경영 활동과 지속가능성에까지 상당한 영향력을 미칠 것으로 보이는바, 우리 기업들도 그에 대한 대응방안을 수립하고 적극 대응해야할 시점에 이르렀다. 본 논문에서는 기업책임경영 및 기업인권과 관련된 미국, 영국, 프랑스 등 주요 해외국가들의 입법례와 영국, 미국, 독일, 캐나다, 프랑스 등에서 발생한 기업인권 관련 분쟁사례들의 주요 쟁점들과 시사점을 살펴보고, 우리나라 기업들을 위한 실무적 대응방안을 제시하고자 한다. Multinational enterprises have earned economic benefits through their global supply chain crossing borders, in response now the need for their social responsibility or Responsible Business Conduct (RBC) of multinational enterprises is increasingly emphasized. In particular, amid growing concerns over human rights violations at business sites within the global supply chain, disputes over Business and Human Rights (BHR) are also on the rise. And these disputes against multinational enterprises are not only subject to corporate risk management as before, but also likely to have a significant impact on corporate reputation, investment value, and even corporate management activities and sustainability. Therefore it is time for Korean companies to establish and actively respond to them. In this paper, the authors examines the trend of legislative movement and cases regarding business and human rights in notable countries such as the United States, the United Kingdom, France, Germany and Canada, and present the need for human rights management as a more positive and active measure.

기후변화 문제 해결을 위한 기업책임경영(RBC)과 OECD 다국적기업 가이드라인의 역할

안건형(Ahn, Keon-Hyung) 서강대학교 법학연구소 2023 법과기업연구 Vol.13 No.2

미국중재협회/국제분쟁해결센터(AAA/ICDR)의 긴급중재인 제도에 관한 연구

안건형(Keon-hyung Ahn),이동수(Michael Lee),오원석(Won-suk Oh) 한국국제상학회 2011 國際商學 Vol.26 No.2

In the past, there was no option for a party to the arbitration to apply an interim relief to the competent court before the arbitral tribunal was constituted. To solve this problem, the ICDR, among all the arbitration institutions throughout the world, had firstly introduced the emergency arbitrator procedure by adding an article 37 in its International Arbitration Rules (hereinafter referred to “ICDR Rules”) on 1 May, 2006. The purpose of this paper is to draw attention on the necessity and importance of emergency arbitrator system by examining four decisions rendered by emergency arbitrators at the ICDR related to emergency interim relief and a number of case laws ruling on the interim relief by the US courts.

OECD 다국적기업 가이드라인의 국제적 동향과 시사점

안건형(Keon-Hyung Ahn) 한국무역학회 2017 貿易學會誌 Vol.42 No.4