중국상사중재의 사법감독 실태와 개선방안

• 영문명: A Study on the Judicial Supervision of Commercial Arbitration in Chine and Areas in Need of Improvement
• 발행기관: 한국중재학회
• 저자명: 오원석 김태경
• 간행물 정보: 『중재연구』 제20권 제2호, 91~130쪽, 전체 40쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2010.08.30

영문 초록

This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of “proposed amendment of arbitration law”, which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People’s Court starts to exert itself for the improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won’t be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

목차

Ⅰ. 서론

Ⅱ. 중국 중재법 및 중재제도의 특징

Ⅲ. 중국중재의 사법감독 실태

Ⅳ. 사법감독 관련 제도개선 노력

Ⅴ. 시사점

참고문헌

〈부록〉 사법감독과 관련한 주요 사법해석 사례

ABSTRACT

키워드

중국상사중재 중국중재법 사법감독 사법해석 중재판정의 심사 China arbitarion Arbitarion Law of China judicial supervision judicial interpretation judicial review on arbitral award