선택적 중재합의의 유효성에 대한 판례분석 -대법원 판례를 중심으로

• 영문명: Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court’s Judgements
• 발행기관: 한국중재학회
• 저자명: 정영환
• 간행물 정보: 『중재연구』 제19권 제3호, 3~24쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of ⅰ) the principle of party autonomy, ⅱ) the structure of dispute resolution methods, ⅲ) legal provisions of Arbitration Act, ⅳ) legal stability, and ⅴ) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court’s judgements with regard to the selective arbitral agreement.

목차

Ⅰ. 머리말

Ⅱ. 중재합의의 개념

Ⅲ. 선택적 중재합의

Ⅳ. 대상판결에 대한 분석

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

중재합의 중재조항 선택적 중재약정 유동적 무효 사적자치의 원칙 분쟁해결 방법의 구조 L법적 안정성 Arbitration Agreement Arbitration clause clause compromissoire Selective/Unilateral Arbitration Agreement Conditional Invalidity Rule of Party Autonomy Structure of Dispute Resolution Methods Legal Stability