The Integrity of Finality of International Arbitral Awards: International Commercial and ICSID Arbitration Awards

• 발행기관: 한국중재학회
• 저자명: Jung Won Jun
• 간행물 정보: 『중재연구』 제28권 제2호, 137~163쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

Efficiency in the arbitration proceedings and finality of arbitral awards have been key attractive features of arbitration. While finality of awards is due to the fact that there is no appeals mechanism in arbitration, other recourses that are available against arbitral awards threaten the integrity of finality of arbitral awards. This article examines some of these recourses, such as, setting aside of arbitral awards pursuant to the UNCITRAL Model Law, scrutiny of draft awards by arbitration institutions, and annulment proceedings of ICSID Convention awards and discusses the implications of these measures in relation to assuring finality of arbitral awards in international commercial and investment arbitration cases. In order to more effectively respect the disputing parties’ autonomy in choosing arbitration, and also to give as much deference to arbitral tribunals’ decisions and their discretion in reaching their decisions, it is proposed that an official appellate mechanism would be preferred over the undermining of finality of arbitral awards that have been taking place through the currently available exclusive recourses against arbitral awards.

목차

Ⅰ. Introduction

Ⅱ. Finality of Arbitral Awards in International Commercial Arbitration

Ⅲ. Finality of Arbitral Awards in ICSID Convention Arbitration

Ⅳ. Can an Appellate Mechanism be a Possible Solution?

Ⅴ. Conclusion

키워드

Finality of awards international commercial arbitration international investment arbitration ICSID Convention annulment of awards scrutiny of awards