스톡홀름 상업회의소(SCC) 중재기관의 긴급중재인 제도와 임시적 처분의 인정요건에 관한 연구

• 영문명: A Study on Emergency Arbitrator System of SCC and Requirements for Granting of Interim Measures
• 발행기관: 한국중재학회
• 저자명: 안건형 김성룡
• 간행물 정보: 『중재연구』 제21권 제2호, 65~83쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

The purpose of Emergency Arbitrator System is to provide parties with the possibility of obtaining interim measures before constitution of the arbitral tribunal. This paper examines the Emergency Arbitrator System set forth in Article 32 and Appendix Ⅱ of Arbitration Rules of Stockholm Chamber of Commerce (SCC) in comparison with Article 37 of ICDR International Arbitration Rules. This paper also provides a case study of 4 Decisions rendered by Emergency Arbitrators under the auspices of SCC in 2010. It was found that it took only 4 days on average from the date upon which the request for emergency interim measures was registered to SCC to the decision rendered by Emergency Arbitrators. The figures of average days reflect its rapidity well, one of the most preferred characteristics of arbitration. However, a case study of SCC decisions shows that only one request for interim measures was successfully granted. In other words, it was found that the requirements for granting of interim measures by emergency arbitrator were quite strictly applied. If interim measures is to be granted, it was found that the requesting party should prove to satisfy the requirements for granting of interim measures as follows: First, the requesting party has to demonstrate that it may suffer irreparable or serious harm in commercially-sensible, not in a strictly literal sense unless the interim measure is granted. Second, the party requesting interim measures has to persuade the Emergency Arbitrator that the request was of an urgent nature. Third, the requesting party is required to meet the reasonable possibility that it may succeed on the merits of the claim.

목차

Ⅰ. 서론

Ⅱ. SCC 중재규칙 제32조 개관

Ⅲ. SCC 규칙 상 긴급중재인의 임시적 처분 결정 사례

Ⅳ. 임시적 처분의 인정요건과 시사점

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

SCC 중재규칙 제32조 및 부록 Ⅱ ICDR 국제중재규칙 제37조 SCC 긴급중재인의 임시적 처분 결정사례 임시적 처분의 인정요건 Article 32 and Appendix Ⅱ of SCC Arbitration Rules Emergency Arbitrator SCC Decisions of Emergency Interim Measures Requirements for Granting of Interim Measures