한국 긴급중재인 제도의 긴급성과 집행력에 관하여

• 영문명: A Study on the Emergency Arbitrator Provisions in Korea: A Focus on Urgency Inherent and Enforcement
• 발행기관: 한국중재학회
• 저자명: 도혜정(Hye-Jeong Do)
• 간행물 정보: 『중재연구』 제28권 제2호, 45~66쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

Two years ago, an emergency arbitrator procedure in accordance with the international arbitration rule has been finally adopted in Korea—a decade after its introduction. Arbitral institutions provide interim measures in the course of tribunal proceedings to avoid litigation in open court that is often expensive and time-consuming. An emergency arbitrator procedure offers an urgent relief prior to the constitution of an arbitral tribunal, thus enhancing the speed and effectiveness of the arbitration procedure even further. Although most of the arbitral institutions interpret that the emergency arbitration rulings are binding on the parties, enforcing the emergency arbitration provisions have some difficulties in practice, and it is not clear whether or not arbitral interim measures will be enforceable under the newly adopted provisions in Korea. In this study, experiences in other countries are explored in seeking for the possible problems and solutions of enforcing the emergency arbitration rulings. For example, Singapore and Hong Kong insert terms such as “finality,” “enforceable in the same manner as an order or direction of the Court,” “same effect as an arbitral tribunal or interim measures” in their emergency arbitrator legislation to enhance enforcement. Moreover, urgency inherent are considered.

목차

Ⅰ. 들어가며

Ⅱ. 국내제도

Ⅲ. 해외 사례

Ⅳ. 긴급성과 집행가능성

Ⅴ. 마치며

키워드

긴급중재인 최종성 연결 규정 집행력 긴급처분 긴급성 Emergency Arbitrator Finality Enforcement Urgent Relief Urgency Inherent