Earticle

초록

영어

There are cases in which domestic companies in China arrange foreign arbitration because of the problems in credibility and cost of domestic arbitration, the convenience of foreign arbitration, and problems in the application of arbitration procedures and practical laws. Even domestic companies have committed domestic disputes to foreign arbitration during the arbitration agreement. In other words, even though it is a contract between a Chinese company and a Chinese company without any international contract elements, they arrange foreign institutional arbitration or foreign ad hoc arbitration. Chinese current legal and judicial interpretation does not stipulate the effect of any foreign arbitration agreements on contracts without international contract elements. We only can verify the attitude of Chinese court on the foreign arbitration agreement through answering of Supreme People’s Court of China about the request of lower court. This paper examines the attitude of Chinese courts to foreign arbitration agreements for contracts without international contract elements through the actual case. In addition, through case analysis, the study also examined the precautions for Korean investment companies in China in case of that Korean companies arrange foreign arbitration institutions for the arbitration agreement with Chinese companies.

목차

Abstract
 Ⅰ. 서론
 Ⅱ. 중국의 민상사법률관계관련 국제성에 대한 일반적 고찰
 Ⅲ. 국내계약에 국제중재를 약정한 중재합의의 효력관련 중국 판례
 Ⅳ. 중국의 외국중재합의관련 판례를 통해 확인된 시사점
 Ⅴ. 결론
 참고문헌

키워드

저자

• 하현수 [ Hyun-Soo Ha | 전북대학교 무역학과 부교수, 동 산업경제연구소 연구원, 제1연구자 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  무역통상학회지 [Journal of Korea Research Association of International Commerce]

• 간기

  격월간

• pISSN

  1738-4354

• 수록기간

  2001~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 326 DDC 380