중국에서 내국인 간의 투자계약 관련 중재 사례 검토

• 영문명: A Case Study on the Investment Contract in China
• 발행기관: 한국중재학회
• 저자명: 장경찬(Kyung-Chan Jan)
• 간행물 정보: 『중재연구』 제24권 제2호, 183~197쪽, 전체 15쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

목차

Ⅰ. 중국에서의 투자

Ⅱ. 사례검토

Ⅲ. 결 론

키워드

Applying Law Effect of Contract Arbitration Interim Measure