중국의 대외무역 분쟁해결제도에 대한 고찰

Abstract

This research shows the suggestion point that Korean companies’ response about Chinese foreign trade dispute solution like as follows. First, it is hard to commit an official request to China when the opposite party rejects a reception or evades a claim, because China lacks related legal forces. Second, it does not solve the problem by mediation unless one party does agree about the mediation procedures that specified in a mediation plan of the International Chamber of Commerce Mediation Center of China, means it does not become ultimate solution plan. Third, China arbitration does not recognize an ad-hoc arbitration and the preservation of property before an official arbitration application and it can happen that an arbitral award is waived if an applicant does not attend or leaves and even that chairman arbitrator abuses an arbitral award unilaterally which means, in case the majority vote was inconclusive, the award shall be decided based on the opinion of a chief arbitrator on his own. And the last, the controversial point of China litigation is that the independence of the judicature is insufficient and judicial officers still lack quality and ability, and there is another point that regional protectionism is strong and enforcement is difficult.