중국내 중재절차의 문제점과 개선방안－ 중재 실무의 관점에서 －
The Problems and Improvement Measures in Arbitral Procedures in China − From the Perspective of Arbitration Practice −
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Arbitration has been widely used as one of alternative dispute resolutions in the international transactions. However, when you choose arbitration in China or you need to enforce your arbitral award in China, things will not go easily due to its institutional defects and imperfect practice. In this paper, we review on what we need to consider when it comes to arbitration and its enforcement in China from the viewpoint of the practitioners as well as scholars. Then, we take a look at what kind of reforms or changes should be made in order for the country’s system to be advanced institutionally and practically. By doing that, we intend more people could feel safe and confident when they deal with various issues to be arisen from the arbitration and its enforcement in China in the future. To maximize the merits of arbitration system in China context, we also share thoughts on how to enhance the fairness and independence of the country’s judicial and arbitral institutions in terms of the management of the institutions as well as future legislation. In addition, we suggest the improvement measures on the institutional problems regarding arbitration and its enforcement from the viewpoint of the user of arbitration so that the arbitration system of China could be further developed and widely adopted in commercial transactions.
Abstract
Arbitration has been widely used as one of alternative dispute resolutions in the international transactions. However, when you choose arbitration in China or you need to enforce your arbitral award in China, things will not go easily due to its institutional defects and imperfect practice. In this paper, we review on what we need to consider when it comes to arbitration and its enforcement in China from the viewpoint of the practitioners as well as scholars. Then, we take a look at what kind of reforms or changes should be made in order for the country’s system to be advanced institutionally and practically. By doing that, we intend more people could feel safe and confident when they deal with various issues to be arisen from the arbitration and its enforcement in China in the future. To maximize the merits of arbitration system in China context, we also share thoughts on how to enhance the fairness and independence of the country’s judicial and arbitral institutions in terms of the management of the institutions as well as future legislation. In addition, we suggest the improvement measures on the institutional problems regarding arbitration and its enforcement from the viewpoint of the user of arbitration so that the arbitration system of China could be further developed and widely adopted in commercial transactions.
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