한중 중재판정부의 사실인정 및 법률적용에 있어서의 권한

• 영문명: The Powers and limitation of Arbitral Tribunal on the determination of fact and the application of law
• 발행기관: 전남대학교 법학연구소
• 저자명: 정영진(Jung Young Jin)
• 간행물 정보: 『법학논총』제28권 제1호, 545~567쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

Arbitration is usually recognized as one of the Alternative Dispute Resolutions (ADRs). Arbitral Tribunal can make a final award without mutual concession. In that point, Arbitration is different from other ADRs, for example, Composition and Conciliation that need mutual concession. While the Arbitration law of China distinguishes domestic arbitration from international arbitration, the Arbitration law of Korea doesn’t. According to the Arbitration law of China, the people’s court may issue a ruling of not carrying the execution after finding that the following circumstances are found in the award of a domestic arbitration; (1) the crucial evidence is found to be insufficient, and (2) the application of the law is found to be erroneous. That’s not applicable to the international arbitration. However, according to the Arbitration law of Korea, Arbitral Tribunal can determine the admissibility, relevance, and weight of evidence, but shall decide the dispute in accordance with such rules of law as are chosen by the parities as applicable to the substance of the dispute. Either party may apply for cancellation of the arbitral award, if he has evidences to substantiate that the application of the law is erroneous. In my opinion, the division of domestic arbitration from international arbitration is good like the Arbitration law of China, but the Arbitration law of China goes too far for a people’s court to review the arbitral award on a substantive basis.

목차

Ⅰ. 서론

Ⅱ. 중재판정부의 권한의 근거에 대한 일반론

Ⅲ. 한국 중재법상 중재판정부의 권한

Ⅳ. 중국 중재법상 중재판정부(仲裁庭)의 권한

Ⅴ. 결어

키워드

국내중재 국제중재 내국중재 외국중재 중재판정부 공공복리 실체문제 법률문제 Domestic arbitration International arbitration foreign arbitral award public policy arbitral tribunal