ICC仲裁에서 仲裁人 選定과 確認에관한 研究

• 영문명: A Study on the Appointment and Confirmation of the Arbitrators in ICC Arbitration
• 발행기관: 한국중재학회
• 저자명: 오원석 김용일
• 간행물 정보: 『중재연구』 제17권 제2호, 23~41쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institution arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution, has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

목차

Ⅰ. 서론

Ⅱ. 중재인 선정·확인시 고려사항

Ⅲ. 당사자가 지명한 중재인 확인

Ⅳ. 중재법원에 의한 중재인 선정

Ⅴ. 결론

참고문헌

Abstract

키워드

ICC 중재법원 중재인 선정 중재인 확인 ICC Court of Arbitration Appointment and Confirmation of the Arbitrators