중국 중재제도의 특징과그 역사·문화적 배경에 관한 연구

• 영문명: A Study on the Characteristics of Chinese Arbitration System and Its Historical and Cultural Background
• 발행기관: 한국중재학회
• 저자명: 오원석(Won-Suk Oh) 이경화(Jing-Hua Li)
• 간행물 정보: 『중재연구』 제24권 제2호, 161~181쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China’s judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts’ attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.

목차

Ⅰ. 서 론

Ⅱ. 임시중재의 불인정

Ⅲ. 중재에 대한 심각한 사법간여

Ⅳ. 중재조정제도

Ⅴ. 요약 및 결론

키워드

중국중재 임시중재 사법간여 중재조정 중국중재의 특징 Chinese Arbitration System Ad Hoc Arbitration Judicial Supervision Arb-Med Characteristics of Chinese Arbitration