무형무역에 관한 국제비즈니스계약 중재사례 연구

• 영문명: Analysis of Arbitration Cases in International Business Contracts on Intangible Trade
• 발행기관: 한국중재학회
• 저자명: 이수민(Su Min Lee) 김경은(Kyung Eun Kim) 정희진(Hee Jin Jeong)
• 간행물 정보: 『중재연구』제35권 제1호, 31~52쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

Today, the economy is growing around AI semiconductors, bio and pharmaceuticals, and renewable energy markets. In the international trade as well, intangible assets such technology and services related to new industries are important subjects of transaction. As international commerce transactions of intangible goods increase, the conclusion of service contracts, technology transfer contracts, and plant supply contracts, etc. is becoming more active. Meanwhile, as the volume of intangible trade increases, the potential for disputes has also grown. this paper examines international commercial arbitration cases on intangible trade, analyzes the issues of dispute, and presents implications. Specifically, we reviewed the following three arbitration cases. First, Technology Transfer Disputes - Korea Hydro & Nuclear Power vs. Westinghouse: This case involves nuclear power technology, and a dispute arose over the license and ownership of the improvement technology. The dispute continued for a long time, but a dramatic reconciliation agreement was recently reached. Second, Service Agreement Dispute - CGGC vs. Mereine: This case relates to a subcontracting contract for a construction project. The issue of dispute is non-payment of construction fees. Third, Plant Supply Agreement Dispute - Sofregaz vs NGSC: This dispute relates to a breach of performance guarantee obligations. After, An Application for Setting Aside Award was also filed but was dismissed.

목차

Ⅰ. 서론

Ⅱ. 주요 국제중재기관의 중재 현황

Ⅲ. 무형무역에 관한 국제상사중재사례 분석

Ⅳ. 결 론

참고문헌

키워드

국제상사중재 무역분쟁 서비스계약 기술이전계약 플랜트수출계약 International Commercial Arbitration Trade Disputes Service Agreement technology Transfer Agreement Plant Supply Agreement