해사중재에 있어 임시적처분에 관한 연구

• 영문명: Study on the Interim Measures in Maritime Arbitrations
• 발행기관: 한국국제상학회
• 저자명: 최영봉(Young-bong Choi) 박원형(Won-hyung Park)
• 간행물 정보: 『국제상학』國際商學 第23卷 第1號, 125~144쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

  One of the parties to an arbitration may be concerned that while the process is continuing, his opponent may act in such a way as to nullify any benefits that the arbitration will ultimately provide. This concern often takes the form of a desire to preserve the status quo until the case is finally decided. The interim measures would be rendered a meaningless exercise of the arbitrators" power if it were not enforced. If arbitration rules provided more guidance so the parties, courts, and arbitrators would know the rights and responsibilities of the arbitral tribunal, many of the problems with enforceability of interim measures of protection could be reduced.
  The experience of maritime arbitration shows that complementary relationship between the domestic courts and arbitral tribunal exists. This leads not the negation of the autonomous character of arbitration but the confirmation of established evidence that arbitral proceedings are not excusive of domestic court jurisdiction. By clarifying the arbitral tribunal"s rights and responsibilities, there will be less need to seek assistance from the courts. This will make arbitration an even more attractive means for dispute resolution. Accordingly, a supportive symbiosis of shared power between the two tribunals primarily serves to enhance arbitral effectiveness.

목차

Abstract
Ⅰ. 서론
Ⅱ. 중재와 임시적 처분
Ⅲ. 임시적처분에 대한 접근법 분석
Ⅳ. 해사중재에서의 임시적 처분
Ⅴ. 결론
참고문헌

키워드

Maritime Arbitration Interim Measures Arbitral Tribunal Enforceability