中國 仲裁判定의 執行에 관한 硏究
(A) Study on the Enforcement of Chinese Arbitration Award
중국 중재판정 집행 중재;
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Since August 1992, diplomatic relations were established between Korea and China, there have been rapidly increase in trading quantity and trade disputes which were followed hereupon are occurring frequently Currently China try to improve their problems in the solution of international trade disputes which were demanded by neighboring countries, opening policy and joining WTO. But in fact there are many difficulties for there foreign counter parter in requesting the enforcement of arbitration award, because China maintain their unique socialism social-market economy and Chinese peculiar law systems. In addition to the above situation, Considerable portion of the problems have actual solid limit that it is very difficult to solve these problem without turning their recognition of justice businessmen in the people court and it is not likely to turn their recognition and amend the laws, more over it is impossible for foreigners to demand their hope to be. The purpose of this study is presenting the useful solution in the respect of trade management after analysing the problem of enforcement of arbitration award in China. For efficient conduction of arbitration award and preparedness against the trading dispute with China, our enterprises previously have to know the problem exactly and they try to avoid the problem if possible. In case they entrust the solution of argument to the arbitration system, it is necessary to try continuously and to prepare previously for efficient execution of arbitration award before the outputting of the result. for example, manpower building with the concerned field, area, and entrust to capable local spokesman With the above, for efficient execution of arbitration award, follows are considerable for the actual solution. First, Nominate a local chinese capable lawyer for efficient enforcement of arbitration award. Second, as there are many difficulties in execution. it is necessary for making sure the efficient enforcement to create an establishment of security right or set up a preservation act. Third, when contract a trade affair, consult the Korean-Chinese trade agreement and Korea-Chinese arbitration agreement, Contract the arbitration contract for the execution of previous arbitration award and make sure the establishment of arbitration provisions. Fourth, lead China to amend their law up to the level of MAL and New York agreement, applying major developed countries for global standard at the same time, continuous and precision study on the Chinese arbitration laws is essential. Because this study based on the extremely narrow and difficult sector in arbitration law backed peculiar Chinese social system, the instance of the arbitration award from CEITAC as well as UNCITRAL are not found, in conclusion, the above make this study suffered unavoidable limit that cannot be the deep research in substance in case, I have another chance to study this again, I will study it hard and more deeply.