동북아 주요국의 중재법제 비교연구

• 영문명: A Comparative Study on Arbitration Law of Some Countries in the North-East Asia
• 발행기관: 한국중재학회
• 저자명: 김석철
• 간행물 정보: 『중재연구』 제17권 제3호, 31~56쪽, 전체 26쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

The purpose of this thesis lies on building the foundation for the further activation of trade among the Northeast Asian countries such as South Korea, Japan, China, Russia, and North Korea through an analytical comparison of their arbitration systems. Further activation of trade cannot be reached without previously building safety measures on the negotiation of exports, the control on defective imported merchandise, the returns on investments, and the stable management of businesses. Throughout this thesis an analytical comparison of these five countries most important areas on arbitration will be carried out. These areas are the arbitration laws and organizations; the structures of the laws; scope of arbitration; form of arbitration agreement, appointment of arbitratiors, place of arbitration, hearing, court assistance in taking evidence, governing law, decision making by panel of arbitrators, form and contents of awards, effective of award, recourse against award, recognition and enforcement of awards, etc. It was found in each of the areas cases to be identical, similar or very different; also, cases unable to arbitrate. This phenomenon was found to occur due to the differences in political and economic systems and perception of arbitration among these countries. Additionally, this thesis points out what should each country do for its integration. It is also suggested the organization of a common arbitration research body to continue the efforts for raising the awareness, building trust, and mutual recognition among the countries to ultimately create a common arbitration system. Lastly, it is a personal will that this thesis will serve as the starting point for in depth researches in each of the presented areas.

목차

Ⅰ. 서론

Ⅱ. 국가별 중재법제 비교분석

Ⅲ. 요약 및 시사점

Ⅳ. 결론

참고문헌

Abstract

키워드

중재제도 동북아시아 중재법 중재기관 중재대상 중재합의 Arbitration Law the North- East Asia Arbitration Law Arbitration Organization Scope of Arbitration Arbitration Agreement