[국제상사중재 및 무역클레임]중국의 ADR제도와 국제중재판정의 강제집행절차에 관한 연구

A Study on the ADR System and the Enforcement Procedure of International Arbitral Awards in China

In most international cases, the parties agreed to comply with an arbitral award and have little or no opportunity for appeal. If a party refuses to comply with an award, the prevailing party may seek to enforce it in the relevant national court. In order to enforce the judgement compulsorily in accordance with the regulations under the Civil Enforcement Act, the arbitral award shall fulfill the requirement determined under the Civil Litigation Act. Especially, it is very difficult to enforce international and foreign arbitral award in China. So, this article investigates reasons why enforcement of arbitral award is difficult in China and suggests ways how Korean companies overcome it. In conclusion, this article suggests the following ways to overcome problems of enforcement of arbitral award in China: First, insert standard arbitration clause. Second, be prepared the relevant documents prior to seek to enforce it in the Chinese court. Third, select a good chinese lawyer.