중재협정을 통한 상사분쟁의 해결촉진

• 영문명: Settlement Promotion of Commercial Disputes through the Arbitration Agreement
• 발행기관: 한국중재학회
• 저자명: 김상호
• 간행물 정보: 『중재연구』 제20권 제2호, 27~47쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2010.08.30

영문 초록

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains ‘Joint Arbitration Committee’ which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

목차

Ⅰ. 서론

Ⅱ. 상사중재협정과 중재지 결정의 편의성 제고

Ⅲ. 업무협정을 통한 중재협력의 촉진

Ⅳ. 환황해경제권 부상과 중재협정 체결의 과제

Ⅴ. 결어

참고문헌

ABSTRACT

키워드

상사중재협정 업무협정 중재지 분쟁해결의 촉진 환황해경제권 Commercial Arbitration Agreement Cooperation Agreement Place of Arbitration Promotion of Dispute Settlement Pan Yellow Sea Economic Bloc