KCAB 국제중재규칙과 CIETAC 중재규칙의 비교연구

• 영문명: A Comparative Study on the International Arbitration Rules of KCAB and Arbitration Rules of CIETAC
• 발행기관: 한국중재학회
• 저자명: 신군재
• 간행물 정보: 『중재연구』 제18권 제2호, 33~54쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

The KCAB enacted their new international arbitration rules(the KCAB rules) in 2007wheres The CIETAC revised their arbitration rules(the CIETAC new rules) in 2005. This article investigates some practical problems on both rules respectively and helps trading companies to proceed arbitration by these rules. This study finds some problems as follows. There are the following problems in KCAB rules. First, application fee is too expensive fee. So KCAB should cut down their application fee. Second, if there is no agreement on number of arbitrators, the arbitration is processed by sole arbitrator. But it is very difficult for sole arbitrator to process international arbitration due to characteristics of international arbitration such as complexity of case and a large sum of claim. Third, a period of selection of arbitrator is long. In view of developing of communication means, this period is needed more short. In the meantimes, there are the following problems in CIETAC rules. First, though the CIETAC new rules enlarges the right of parties autonomy such as selection of arbitration rules or revise of it, China arbitration Act stipulates a institute arbitration which restrict partic s autonomy. Second, if there is no agreement on arbitrators, the CIETAC appoints chair of tribural in three arbitrators ion or sole arbitrators, is processed by sole arbitrator. Third, a draft of arbitral award is checked by the CIETAC in advance. Especially, the two latter problems is possible for foreigners to have doubts of fairness of CIETAC arbitration. Becuase the CIETAC is not a complete independent private institution. Consequently, I suggest that Korean trading companies should examine problems of these two arbitration rules carefully, and select a most appropriate rules for settlement of their disputes with Chines companies.

목차

Ⅰ. 서론

Ⅱ. 한국과 중국의 중재제도 개관

Ⅲ. 중재절차별 KCAB 국제중재규칙과 CIETAC 중재규칙의 비교

Ⅴ. 결론

참고문헌

Abstract