남북상사중재에 있어 중재인 선정방식에 관한 연구

• 영문명: A Study on Improving a Method of the Appointment of Arbitrators in Inter-Korean Commercial Arbitration
• 발행기관: 한국중재학회
• 저자명: 이주원
• 간행물 정보: 『중재연구』 제18권 제1호, 147~165쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

Appointment of arbitrators is very important in arbitration. As it has been a long laps since Korean peninsula was devided into two parts, South and North, it has come to be too much gaps between South and North in the law, social system, commercial practice and etc.. South Korea is familar to international commercial practice and capitalistic legal system generalized internationally in modern times. On the other hand as North Korea was closed society for a long time, they are not familar to international commercial practice and market economy. In this connection, commercial disputes arising from the transactions between South and North will occur frequently and it will be very difficult to select governing law or commercial practice referred to the disputes. Under the circumstances, when and if an arbitrator from South or North will be appointed as presiding arbitrator in the tribunal composed by three arbitrators, the part from which the presiding arbitrator come will be a majority, and it will be advantageous to the parties came from the part of which the presiding arbitrator come from. Such being the case, sole arbitrator or presiding arbitrator needs to be appointed among foreigner. Otherwise I recommend the tribunal composed by two arbitrators and umpire system. As to arbitrator s fee, as there is a big gap in its economic aspects between South and North, I supposed to need establishing the fund made by corporation with South and North in order to compensate arbitrators from South or abroad for their fee. Finally it is more important to prevent disputes arising from transactions between South and North. In order to prevent the disputes, education for North Korean about international commercial practice and skill to make a contract of international sale of goods and investment are needed,

목차

Ⅰ. 서론

Ⅱ. 중재인의 역할과 자격

Ⅲ. 남북간 중재인 선정방법의 차이점

Ⅳ. 남북상사분쟁해결에 관한 합의서 상의 중재인선정

Ⅴ. 남북상사중재에서 중재인선정방식의 개선방향

Ⅵ. 결론

참고문헌

Abstract

키워드

중재인의 역할 ICSID의 중재인선정 기관중재 중재인의 자격 판정인 2인 중재 The Role of Arbitrator Institutional Arbitration Qualification of Arbitrator Challenge of Arbitrator Umpire