중국중재제도의 국제표준화에 대한 연구

• 영문명: A Study for International Standardization of China Arbitration System
• 발행기관: 한국중재학회
• 저자명: 김석철
• 간행물 정보: 『중재연구』 제18권 제3호, 117~138쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator s international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator s biased nationalism, localism, and their short specialties, a deficiency of the objectiveness for arbitrator s election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property ci^tody for execution of arbitration award, etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows; 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of Sinocentrism , globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator s internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators selection for reflecting interested party s decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant s avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant s court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal s interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration s efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator s bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration s International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

목차

Ⅰ. 서론

Ⅱ. 중국 중재법의 주요특징

Ⅲ. 중국 중재법과 UNCITRAL 모델법의 비교

Ⅳ. 국제 표준화 방안

Ⅴ. 결론

참고문헌

Abstract