중재인 선정과 기피에 관한 연구

• 영문명: A study on the Appointment and Challenge of Arbitrator -Laying stress on the precedent of Korean supreme court-
• 발행기관: 한국무역연구원
• 저자명: 신한동(Han-Dong Shin)
• 간행물 정보: 『무역연구』제10권 제1호, 641~664쪽, 전체 23쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2014.02.28

영문 초록

The parties are generally free to determine their own procedure for appointing the arbitrators including the procedure for the selection of an umpire or chairman. The trial to resolve the dispute by arbitration results in the primary ingredient of appointing an arbitrator. If the arbitration agreement does not specify the appointing authority of an arbitrator, then one person may appoint an arbitrator and seek the approval of the other party and in case the other party objects or does not reply within 30 days, then the party seeking appointment has to approach the Court. If the parties decline to specify the mode for selecting the arbitrators, then the relevant legal system will usually provide a default selection process. A well drafted arbitration clause will also normally make provision for where a party to the dispute seeks to cause delay by refusing to make or agree an appointment. Often this will allow the non-defaulting party to appoint a sole arbitrator and for the arbitration to proceed on that basis. In default of such a provision, where the parties are unable to agree, an application for an appointment is usually made to a recognised professional arbitration organization such as KCAB or the court. The Korean Supreme court has cancelled three cases of arbitral awards regarding to the impartiality or independence of arbitrator since 1966. One case was the award for wrong appointment of an arbitrator. The other two cases were not taking the challenge procedure an arbitrator appointed by a party after becoming aware of any circumstance referred to in Article 13 (2) of Korean commercial arbitration rule.

목차

Abstract

Ⅰ. 서언

Ⅱ. 중재인의 자격과 지위

Ⅲ. 중재인 선정방법과 선정과정

Ⅳ. 중재인의 기피

Ⅴ. 결론

참고문헌

키워드

selecting arbitrator appointment of arbitrator challenge of arbitrator impartiality of arbitrator independence of arbitrator