한ㆍ중ㆍ미 중재인의 선정 및 기피에 관한 비교연구

• 영문명: A Comparative Study on the Selection and Discharge of Arbitrator(s) among Korea, China and America
• 발행기관: 한국중재학회
• 저자명: 신군재
• 간행물 정보: 『중재연구』 제21권 제1호, 183~213쪽, 전체 31쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

China and North America have been South Korea’s biggest trading partner long time. As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies and between Korean companies and North American Companies have been increasing. If these disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration. But if the parties doubt their arbitrator(s)’s fairness and independency, they can discharge them in accordance to law and arbitration institute’s rules. In comparison with arbitrator system for way of selection and discharge among Korea, China and North America, some differences are found. First, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea and North America whereas the Chairman of CIETAC choose him in China. Second, the authority to decide whether arbitrator is discharged owing to his fairness and independency, depends on arbitration institute and court in Korea and North American whereas it depends on the Chairman of CIETAC only.

목차

Ⅰ. 서론

Ⅱ. 선행연구검토

Ⅲ. 중재인의 선정과 의무

Ⅳ. 중재인의 기피

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

중재인 기피 중재인 선정 대한상사중재원 중국국제무역중재위원회 미국중재협회 arbitration selection of arbitrator discharge of arbitrator