국제투자중재판정의 집행에 있어서 구제조치의 개선방안

• 영문명: An Improvement Discussion of Remedy in the Enforcement Mechanism of the International Investment Arbitral Award
• 발행기관: 한국중재학회
• 저자명: 홍성규(Sung-Kyu Hong)
• 간행물 정보: 『중재연구』 제27권 제1호, 131~160쪽, 전체 30쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.03.30

영문 초록

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

목차

Ⅰ. 서 론

Ⅱ. 국제투자중재판정의 집행 법원

Ⅲ. 국가면제론과 외교적 보호권의 제한

Ⅳ. 국제투자중재판정 집행의 문제점과 구제조치

Ⅴ. 결 론

키워드

투자분쟁 투자자 중재판정 국가면제론 외교적 보호권 승인과 집행 금전보상 Investment Dispute Investor Arbitral Awards Recognition and Enforcement Diplomatic Protection State Immunity Financial Compensations