독일민사소송법상 외국중재판정의 승인 및 집행 - 『독일민사소송법』제1061조를 중심으로 -

• 영문명: Recognition or Enforcement of Arbitral Awards under the German Civil Procedure Act
• 발행기관: 한국중재학회
• 저자명: 성준호(Joon-Ho Sung)
• 간행물 정보: 『중재연구』 제29권 제2호, 107~132쪽, 전체 26쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2019.05.30

영문 초록

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as “The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions,” Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

목차

Ⅰ. 서 설

Ⅱ. 규범목적과 규정체계

Ⅲ. 외국중재판정의 승인 및 집행에 있어 법원의 역할

Ⅳ. 중재판정의 승인·집행 거부 사유

Ⅴ. 기타 승인거부사유

Ⅵ. 결론에 갈음하여

참고문헌

Abstract

키워드

외국중재판정 승인 및 집행 뉴욕협약 독일민사소송법 UNCITRAL표준중재법 Arbitral Awards in Foreign Country Recognition or Enforcement of Arbitral Awards New York Convention German Civil Procedure Act UNCITRAL Model Arbitration Law