- 국제상사중재의 중재판정에 관한 연구
- Alternative Title
- A Study on The Arbitral Award in International Commercial Arbitration
- Publication Year
- 한국해양대학교 대학원
- The international trade claims arise between the parties concerned in
performing international trade. So it is a serious matter for those
who perform the international trade to settle the international
There are many ways to settle such international commercial
dispute, but above all, to make the most of international commercial
arbitration system is most rational and efficient for settling the
The purpose of this paper is to explore efficient ways to activate
the international commercial arbitration system. This paper focuses
on how to reach the decision in arbitral procedure.
It is very important to give the credibility to arbitral awards and
the arbitration system, so it is necessary to state the reasons on
which arbitral are based.
International commercial arbitration has progressively become an
autonomous the dispute resolution systems at th heart of the law and
practices of international trade.
For this purpose, I write an introductory remarks as a way of
bringing in the point at issue in the first chapter.
In chapter two, the dispute resolution system are studied to settle
the disputes concerning the international trade. The advantage of
international commercial arbitration is considered.
In chapter three, the legal aspects of the international commercial
arbitration awards are examined. The issues of the definition and
kinds of the arbitral award, and the recognition and execution of
the foreign arbitral award are studied and examined.
In chapter four, an arbitral award may be set aside by the court.
The specified grounds are studied.
Last chapter of this paper is five and this part is a conclusion.
The contents of the upper research are summarized in this chapter.
I try to propose some ways to activate the international commercial
arbitration and to execute the arbitral award efficiently in this
paper. First, it is necessary to cut period of arbitration, to improve
the notification procedure of arbitrators, and to cultivate arbitration
with a high level of specialty. Secondly, the clause in the current
Arbitration Act that requires a separate court decision to enforce
arbitration awards needs to be mended to enforce court permission
only, as in the British Arbitration Act of 1996. Lastly, a change in
awareness on the arbitration system is urgent. An effort should be
made to establish independence of the arbitration system. The reason
is that the arbitration is not a supplementary measure for legal
procedures, but a separate system of dispute resolution that solves
problems in the current legal system.
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