ICSID 중재의 취소제도에 관한 제 고찰

• 영문명: A Study on the Annulment Mechanism of ICSID Arbitration
• 발행기관: 한국중재학회
• 저자명: 오원석(Won-Suk Oh) 김용일(Yong-Il Kim):이기옥(Ki-Ok Lee)
• 간행물 정보: 『중재연구』 제24권 제4호, 3~28쪽, 전체 26쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

This article examines the Annulment Mechanism of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). The primary feature in the ICSID and non-ICSID arbitration regarding the review of awards involves the unified nature of the ICSID system, as compared to the scattered and multi-layered system of review existing under arbitration rules, national legislation, and international convention. This unity can be perceived at different levels. The ICSID annulment mechanism entails only a set of rules; thus, only one set of application standards of review will be implemented, as opposed to sometimes conflicting layers of application rules, laws, and convention, as in the case of non-ICSID arbitration. However, some of the recent annulment decisions have raised serious questions about the breadth of annulment in practice, as opposed to its original design. Nonetheless, implementing a new system under the ICSID awards to be reviewed by an appellate court appears to create more problems than it solves. The potential impact of introducing that mechanism could result in a longer and more complex proceeding, with uncertain benefits.

목차

Ⅰ. 서 론

Ⅱ. 주요 취소사례 분석

Ⅲ. ICSID 외의 취소제도와 비교

Ⅳ. 수정 제안 및 최근 동향

Ⅴ. 결 론

키워드

International Investment Disputes ICSID Arbitration Non-ICSID Arbitration Annulment Mechanism Ad hoc Committee