국제상사중재의 중재판정에 관한 연구

Abstract

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

commercial dispute.

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

dispute.

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.