몽골 중재제도의 주요특징과 유의사항에 관한 연구

• 영문명: A Comparative Study on the Differences of Arbitration Systems between Mongol and Korea
• 발행기관: 한국중재학회
• 저자명: 김석철(Suk-Chul Kim)
• 간행물 정보: 『중재연구』 제23권 제4호, 55~76쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

목차

Ⅰ. 서 론

Ⅱ. 한·몽골 경제교류 및 무역중재 현황

Ⅲ. 몽골 중재제도의 발전과정 및 현황

Ⅳ. 몽골 중재제도의 주요 특징

Ⅴ. 몽골 중재제도에 대한 유의사항

Ⅵ. 요약 및 결론

키워드

몽골중재제도 몽골임의중재 몽골중재법 몽골중재판정부 중재절차 Mongolian Arbitration System Mongol Ad-Hoc Arbitration Mongol Arbitration Law Mongol Arbitration Panel