중국의 국제상사중재 사법심사에 관한 연구

• 영문명: A Study on the Judicial Reviews of International Commercial Arbitration in China
• 발행기관: 한국국제상학회
• 저자명: 하현수(Hyun-soo Ha) 윤충원(Chung-weon Yoon)
• 간행물 정보: 『국제상학』國際商學 第22卷 第3號, 135~157쪽, 전체 23쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  According to Korean papers related to past Chinese International Commercial Arbitration, Chinese court judgment is based to Chinese companies" favor through contractual and judicial nature in the judicial review process. This paper confirm whether these kinds of situations still exist or not through the analysis in judicial review cases about the judicial review system of Chinese International Commercial Arbitration and International Commercial Arbitration judgment by recent Chinese courts.
  There are some consequences through case analysis as follows:
  Firstly, the condition of effectiveness in the arbitral agreement is still a troublesome.
  Secondly, the problem of judge"s qualification is improved a lot, but still is not enough.
  Thirdly, strengthening of monitoring and intervening about the supplementary by Chinese the prime court is one of the factors to restrict the judicial review authority related to International Commercial Arbitration of supplementary.
  Fourthly, the problem of real review in International Commercial Arbitration judgment by the court is not proved in those cases.
  Fifthly, the problem of a broad application of public policy regulation is also not proved.

목차

Abstract
Ⅰ. 서론
Ⅱ. 중국의 국제상사중재에 대한 사법심사제도
Ⅲ. 중국의 국제상사중재에 대한 사법심사사례
Ⅳ. 시사점
Ⅴ. 결론
참고문헌

키워드

International Commercial Arbitration Judicial Review Chinese Arbitral System