중국의 섭외중재제도

• 영문명: The International Commercial Arbitration in China
• 발행기관: 한국국제상학회
• 저자명: 이시환(Shie-hwan Lee)
• 간행물 정보: 『국제상학』國際商學 第21卷 第3號, 179~199쪽, 전체 21쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2006.09.01

영문 초록

  Arbitration refers to as a means for the settlement of dispute by a third person upon the arbitration agreement between the parties. The award made by the arbitration tribunal based on arbitration agreement could be enforced by the national court due to domestic law and New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
  In the last 50 years, more and more states became parties of the New York Convention. Some states in their domestic legislation adopted UNCITRAL Model Law on International Commercial Arbitration. As a result, a lot of issues concerning international commercial arbitration are unified. The condition set in the Arbitration Law of the People"s Republic of China are in agreement with those set in the UNCITRAL Model Law. But, the Chinese courts apply different standards to enforce domestic and international arbitral awards made in China. The Court review only procedural issues of the international awards. As to domestic awards, the courts review merits of the case.
  The purpose of this paper is to clarify the Chinese practice on the international commercial arbitration.

목차

Abstract
Ⅰ. 서론
Ⅱ. 중국의 섭외중재제도 개관
Ⅲ. 중국 섭외중재제도의 문제점
Ⅳ. 한국 기업의 대응 방안
Ⅴ. 결론
참고문헌

키워드

International Commercial Arbitration Arbitration Law in China CIETAC