The ICC Scrutiny Process and Enhanced Enforceability of Arbitral Awards

• 발행기관: 한국중재학회
• 저자명: Gustav Flecke-Giammarco
• 간행물 정보: 『중재연구』 제24권 제3호, 47~77쪽, 전체 31쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.

목차

Ⅰ. Introduction

Ⅱ. Statistical Background and Recent Trends

Ⅲ. Functioning of the Scrutiny Process

Ⅳ. Enhanced Enforceability

Ⅴ. Conclusion

References

키워드

Institutional Arbitration ICC International Court of Arbitration ICC Secretariat ICC Award Checklist Scrutiny Article 33 ICC Arbitration Rules New York Convention Recognition and Enforcement of Arbitral Awards Judicial Review of Arbitral Awards