Revising the Korean Arbitration Act From a Civil Law Jurisdiction Perspective-The Example of the French Arbitration Reform

• 발행기관: 한국중재학회
• 저자명: Jalal El Ahdab
• 간행물 정보: 『중재연구』 제24권 제3호, 125~169쪽, 전체 45쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

In France, arbitration, both domestic and international, has recently been subjected to a major reform. This article discusses the content of the 2011 reform and its aftermath, while putting into perspective the current arbitration act in South Korea, an arbitration-friendly jurisdiction that contemplates reforming its own law. The two legal systems are characterized by their concern for efficiency and rationalization of the arbitration proceedings, through the codification of essential principles previously established by case law and through the promotion of the independence of this ADR vis-a-vis state courts. The efficiency consideration is strengthened at every stage of the proceedings: from the arbitration agreement often considered valid and rarely challenged, through the proceedings for annulment, recognition and enforcement of the award, up to the judicial assistance of the French supporting judge towards the actual arbitral proceedings. Finally, new concerns are emerging: the increase of transparency and the arbitrability of disputes in some uncertain fields of law.

목차

Ⅰ. Introduction: a short history of arbitration over the past three decades

Ⅱ. General Overview of the 2011 French Arbitration Act

Ⅲ. Trends and Pending Issues in recent French case law

Ⅳ. Conclusion

References

키워드

French Arbitration Act Korean Arbitration Act Reform Validity of Arbitration Agreement Autonomy of Arbitrators Role of State Judge Codification Rationalisation Efficiency Loyalty Transparency