ILLEGALITY IN INTERNATIONAL ARBITRATION

• 발행기관: 한국중재학회
• 저자명: Leng Sun Chan
• 간행물 정보: 『중재연구』제35권 제3호, 3~24쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2025.09.30

국문 초록

This paper explores how international arbitration is affected by questions of illegality, fraud and corruption or public policy concerning such issues. The primary question is, to what extent will a tribunal’s decision on illegality be subject to review by a supervisory court or enforcement court? The discussion is based on the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The article uses illustrations from Singapore and England to illustrate how courts have approached these issues.

목차

Ⅰ. Introduction

Ⅱ. Provisions regarding Setting Aside, Enforcement and Two Types of Illegality

Ⅲ. Case Studies

Ⅳ. Conclusion

Reference

키워드

Illegality Public Policy Fraud Setting Aside Enforcement