UNCITRAL 仲裁規則 改正草案 內容의 分析과 方向檢討

• 영문명: Analysis of Deliberations by UNCITRAL Working Group on the Draft Revised Version of UNCITRAL Arbitration Rules
• 발행기관: 한국중재학회
• 저자명: 강병근
• 간행물 정보: 『중재연구』 제18권 제2호, 3~31쪽, 전체 29쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

At its thirty-ninth session(New York, 19 June - 7 July 2006)， United Nations Commission on International Trade Law (hereinafter referred to as the Commission) agreed to give priority to the topic of revising the UNCITRAL Arbitration Rules. From the forty-fifth through the forty-seventh session, the Working Group checked various issues based on the draft revised version of the UNCITRAL Arbitration Rules prepared by the Secretariat. At its forty-eighth session, the Working Group is going to finish its first reading of article 38 to 41 of the draft revised version of the UNCITRAL Arbitration Rules, and to commence its second reading of the draft revised version of UNCITRAL Arbitration Rules. Korea is keen on enticing foreign direct investment into its territory. From the 1960s, Korea has concluded more than 80 BITs. Korea is making efforts to conclude FT As with its trading partners. As of January, 2008, 3 FTAs have taken into effect with respect to Korea. According to provisions on dispute settlement found in such BITs and FTAs involving Korea, the Rules can be chosen for Investor-State Arbitration. Furthermore, the Rules is followed by the arbitration rules for domestic and international arbitrations administered by the Korean Commercial Arbitration Board. If the Commission adopts the revised version of UNCITRAL Arbitration Rules, the Rules will be able to give impact on the arbitration law and practice around the world of arbitration. That is the reason why we should keep attention to the development of the deliberations of the Working Group.

목차

Ⅰ. 서론

Ⅱ. 중재판정부 운영의 기본 원칙 및 법적 근거

Ⅲ. 중재인 선정

Ⅳ. 중재인에 대한 기피

Ⅴ. 중재인 대체 및 그 효과

Ⅵ. 중재개시 및 쟁점 정리

Ⅶ. 입증

Ⅷ. 중재판정

Ⅸ. 결론

참고문헌

Abstract

키워드

국제무역법위원회 중재규칙 투자자-국가 중재 모델중재법 중재비용 UNCITRAL Arbitration Rules Investor-State Arbitration UNCITRAL Model Law Costs of Arbitration