중재합의시 중재지 결정에 관한 연구

• 영문명: A Study on the Fixing the Place of Arbitration in Arbitration Agreement
• 발행기관: 한국통상정보학회
• 저자명: 오원석(Won-Suk Oh) 서경(Kyung Seo)
• 간행물 정보: 『통상정보연구』제12권 제4호, 429~453쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

The pupose of this paper is to examine the significances of choosing the place of arbitration, the principles of fixing the place, which the major international arbitration institutions(including the ICC, LCIA, AAA, CIETAC and so on) have in their arbitration rules, and the methods of drafting the place of arbitration in arbitration agreements. When the contract parties have agreed on the place of the arbitration, the institutions have no role regarding the selection of the place of arbitration. But the parties have not agreed on the place of arbitration, it is fixed by the rules of selected institution, by considering the lists of criteria including local laws, N.Y. Convention, neutrality, convenience and so on. This author suggested four alternatives on how to designate the place of arbitration, and advantages and disadvantages of each one: the place of claimant, the place of respondent, the place agreed on in advance in Bilateral Agreement between two Arbitration Institutions established in two countries or the third country. In conclusion, the decision of all elements in the international contract is greatly influenced by the power of negotiation, and the place of arbitration in arbitration agreement has a lot of influential significances on both parties when resolving the disputes. So it is advisable for the parties to fix the place according to the global standard(the place of respondent), the arbitration rules of major international arbitration institutes and the result of the negotiation between parties.

목차

Ⅰ. 머리말

Ⅱ. 중재합의와 방법

Ⅲ. 仲裁地 결정이 갖는 의미

Ⅳ. 주요 국제중재기관의 중재지 결정 원칙

Ⅴ. 중재합의시 중재지 명기방법

Ⅵ. 맺는말

참고문헌

Abstract

키워드

중재지 중재지 결정 중재합의 주요 국제중재기관