Earticle

초록

영어

In order to confirm whether the concerns or relief of the international community regarding the Chinese court’s approval and enforcement system for foreign arbitral awards is appropriate, I analyzed the related cases, how the Chinese courts actually apply the provisions of the New York Convention, according to the reasons for rejection of approval and enforcement prescribed in the New York Convention. As a result of case analysis, the Chinese court ruled in most cases by accurately applying the provisions of the New York Convention. Therefore, problems such as the Chinese court’s judgment in favor of domestic enterprises, the application of incorrect legal regulations, and the lack of fruitfulness of judges, which were concerned by the international community related to commercial arbitration, seem to have been resolved to some extent. However, with regard to the approval and enforcement of foreign arbitration awards, it still exposes two problems such as that China’s lower courts are more inclined to reject enforcement of foreign arbitral awards compared to the Supreme People’s Court and Chinese law stipulates the location of the arbitral institute as a standard for determining the nationality of the arbitral awards.

목차

Abstract
Ⅰ. 서론
Ⅱ. 중국의 외국중재판정 승인 및 집행을 위한 법적 근거
Ⅲ. 중국 법원의 뉴욕협약 적용
Ⅳ. 중국의 외국중재판정 승인 및 집행관련 실무상의 특징 및 문제점
Ⅴ. 결론
참고문헌

키워드

저자

• 하현수 [ Hyun-Soo Ha | 전북대학교 무역학과 교수, 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