중재판정 승인의 개념, 효력 및절차에 관한 연구

• 영문명: A Study on the Meaning, Effects, and Procedure of Recognizing Arbitral Awards
• 발행기관: 한국중재학회
• 저자명: 이호원(Ho-Won Lee)
• 간행물 정보: 『중재연구』 제23권 제1호, 1~23쪽, 전체 23쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.03.30

영문 초록

When a court recognizes an arbitral award, it acknowledges that the award is valid and binding, and thereby gives it a set of effects similar to those of a court’s judgment, among which res judicata is the most important. The res judicata effect of an arbitral award generally forbids parties to an action from subsequently litigating claims that were raised in a prior arbitration. In common law countries, res judicata may also preclude re-adjudication of issues raised and decided in a prior arbitration. The Korean Arbitration Act acknowledges the rights of parties to an arbitral award to seek not only an enforcement judgment but also a recognition judgment on an arbitral award. Therefore, the question arises whether or not the winning party in an arbitration must acquire a recognition judgment on the arbitral award in order to enjoy the effects of a recognized award. However, according to the case law and generally accepted views, an arbitral award is automatically recognized without any additional procedure, as long as it satisfies the requirements for recognition. Therefore, in order to resolve this question, it is desirable to eliminate the statutory clause that stipulates the right to seek recognition judgment.

목차

I. 서론

II. 중재판정 승인의 개념 및 근거

III. 중재판정 승인의 효력

IV. 중재판정 승인의 절차

V. 결론

참고문헌

키워드

The Recognition of an Arbitral Award Res Judicata Claim Preclusion Issue Preclusion(Collateral Estoppel) Automatic Recognition