중재인의 공정성과 독립성에 관한 연구

• 영문명: A Study on the Impartiality and Independence of Arbitrators
• 발행기관: 한국중재학회
• 저자명: 김경배
• 간행물 정보: 『중재연구』 제18권 제1호, 31~47쪽, 전체 17쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

An arbitrator s duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator s nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible, this duty is divided by two things: civil case and crime case, and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

목차

Ⅰ. 서론

Ⅱ. 중재인의 공정성·독립성과 고지의무

Ⅲ. 각국의 중재인 윤리강령과 법원판례 경향

Ⅳ. 중재인의 공정성·독립성에 관한 사안별 판단기준과 책임

Ⅴ. 결론

참고문헌

Abstract

키워드

중재인의 공정성·독립성 윤리강령 중재인의 기피 고지의무 중재인의 책임 판정취소