중국의 섭외 및 외국중재판정 강제집행제도 연구

Abstract

In China, as far as the enforcement of the award is concerned, a three-pronged regime exists：each for domestic, foreign-related and foreign awards. As opposed to domestic awards, foreign-related awards are defined as those involving "foreign-element." Among them, this article focuses on the enforcement regimes of foreign-related and foreign arbitral award, and strives to provide a practical outlook of the arbitral award enforcement regime in China. For that, this article consists of five chapters. In chapterⅠ, the purpose and scope of this study are mentioned; In ChapterⅡ, the types, the statutory framework, the related measures, the statistical assessment on enforcement of arbitral awards are addressed. ChapterⅢ points out some issues on the enforcement regimes of foreign-related and foreign arbitral awards, with focus paid to the recognition of foreign-related arbitral awards, the substantive judicial review of foreign-related arbitral awards, and the refusal of enforcement with the social and public interest ground. ChapterⅥ introduces two non-enforcement cases of foreign-related and foreign arbitral awards. Lastly in chapterⅤ, the author makes a proposal to improve the enforcement regime in China. Although China already obtained a certain level of achievement, she still need to be undertaken by the government and judicial authorities to offset the negative effects of some obstacles to hamper the enforcement such as protectionism so that she may create a more favorable arbitration environment.