국제상사중재에서 UNIDROIT원칙의 적용사례 분석

• 영문명: The Analyzing on Application Cases of UNIDROIT Principles in International Commercial Arbitration
• 발행기관: 한국중재학회
• 저자명: 홍성규
• 간행물 정보: 『중재연구』 제21권 제1호, 131~155쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that CISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

목차

Ⅰ. 서론

Ⅱ. PICC의 특성과 역할

Ⅲ. PICC의 적용사례 분석

Ⅳ. PICC의 실무상의 문제점과 대응방안

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

PICC CISG 국제상사계약 준거법 상인법(lex mercatoria) 법규범 dispute resolution international commercial arbitration international contract