중재판정의 집행결정절차

• 발행기관: 한국민사소송법학회
• 저자명: 이호원
• 간행물 정보: 『민사소송』제24권 제3호, 1~36쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.10.30

영문 초록

Prior to the enforcement of an arbitral award, the award shall first be reviewed by the court to determine whether it is consistent with the national legal system, and, if approved, the court issues an enforcement ruling, which declares that the award might be legally executed. In order to enhance the effectiveness and promotion of the arbitration, the review procedure should be built to be efficient and expeditious. For that purpose, the review procedure under the Korean Arbitration Act(KAA), which was a judgment procedure based on formal oral proceeding, has been changed by the overall revision of KAA in 2016 to a ruling procedure based on less formal hearing. This paper at first considers the legislative intent of the above mentioned 2016 revision and deals with the ruling process for the enforcement of an arbitral award, including application, process of review, issuing of a ruling, appeal to the ruling and actual execution of the enforcement ruling. The review procedure for an enforcement ruling of an arbitral award is the most important and most commonly used role of the court in the whole process of arbitration. The performance of the Koran Court represents the fairness and the Court’s stance to the arbitration. The Korean Court should operate the review procedure appropriately and objectively to enhance the stability and reliability in the area of arbitration.

목차

Ⅰ. 머리말

Ⅱ. 중재판정 집행허부 심사절차의 구조 - 결정절차

Ⅲ. 집행결정의 신청

Ⅳ. 심리절차

Ⅴ. 집행결정 신청에 대한 재판

Ⅵ. 중재판정에 대한 집행결정의 강제집행

Ⅶ. 맺음말

키워드

중재판정 집행결정 판결절차 결정절차 집행권원 Arbitral Award Enforcement Ruling Judgment Procedure Ruling Procedure Execution Title