미국중재에서의 임시처분에 관한 고찰

• 영문명: Interim Measures in the United States’ Arbitration
• 발행기관: 한국중재학회
• 저자명: 하충룡
• 간행물 정보: 『중재연구』 제19권 제3호, 43~66쪽, 전체 24쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

This paper investigates what are the types and legal grounds for interim measures in the U.S. arbitration practices. The statutory ground for the interim measures is the Revised Uniform Arbitration Act. Another ground, probably the most important, is the parties’ own intentions to adopt the interim measures in their arbitration proceeding. Most typical interim measures in arbitration include preliminary injuction, attachment and antisuit injunction. In the U.S ex parte motion for interim measure is rarely allowed while the Revised UNCITRAL Model Law specified an ex parte interim measure. In launching the interim measures, the US courts have demanded several requirements including imparability, probability of success and passing of the balance test. In general, the U.S. courts have properly interfered with the procedural issues in arbitration unreined but leaving the substantive issues untouched. It is believed that such interference has helped to enhance the credibility in arbitration with respect to fairness and justice.

목차

Ⅰ. 서론

Ⅱ. 임시처분의 법적근거

Ⅲ. 임시처분

Ⅳ. 결론

참고문헌

ABSTRACT

키워드

임시처분 개정통일중재법 미국중재 UNCITRAL 모델중재법 Interim Measures Revised Uniform Arbitration Act American Arbitration UNCITRAL Model Arbitration Law