외국중재판정의 승인 및 집행에 관한 중국의 실행

Abstract

In order to facilitate the “One belt, One road”, China has made ‘Some comments on the judicial services and guarantees provided by the Supreme Court for the “One belt, One road” construction’. Later, by announcing a series of measures, china endorsed the reform of the arbitration system and supported the innovative development of the arbitration body to ‘increase the international competitiveness and credibility of China's dispute resolution mechanism’. However, due to the lack of detailed interpretation and precedent, it seems that there are still many difficulties in applying for the approval and enforcement of arbitral awards in China. In this paper, we introduce the procedures and procedures for approving and executing the Chinese arbitral award, the arbitral award allowing the approval and execution, and the approval and refusal of the arbitral award. In particular, the Supreme Court shall issue notice of the Court's handling of matters relating to international arbitration and foreign arbitration so that the Supreme Court may have the authority to refuse to execute the arbitration award and to refuse to grant the arbitration award. In this paper, we analyzed the procedures for approving and executing arbitration awards, and for granting and rejecting arbitration awards. Accordingly, by analyzing the relevant system comprehensively and systematically, practicality in terms of information provision was also considered. The Interpretation on the Application of the Civil Procedure Law of the China by the Supreme Court, which has been in effect since February 2015 in the Chinese Civil Procedure Act, the main legal basis for approval and enforcement in China, There is an amendment or a new part of it, and it can contribute to future research by adding a detailed explanation.