인도 중재 · 조정법의 주요 특성에 관한 연구

• 영문명: A Study on the Main Characteristics in Indian Arbitration and Conciliation Act
• 발행기관: 한국중재학회
• 저자명: 신군재
• 간행물 정보: 『중재연구』 제22권 제3호, 71~92쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.12.30

영문 초록

The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India’s Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB’s standard arbitration clause into their contracts and use India’s ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies’ credit standing before entering into business relations with them.

목차

Ⅰ. 서론

Ⅱ. 선행연구검토 및 클레임 현황

Ⅲ. 인도 분쟁해결제도

Ⅳ. 인도 중재법의 특성

Ⅴ. 결론

참고문헌

Abstract

키워드

인도 중재·조정법 중재인 선정 중재판정부 관할재판권 India Characteristics of Arbitration and Conciliation Act Arbitration Enforcement of Arbitral Award ADR