국제상사중재에서 중재판정부의 임시적 처분권에 관한 연구 - ICC 중재판정사례를 중심으로 -

A Study on the Rights for the Interim Measures of Protection by Arbitral Tribunal in International Commercial Arbitration : Focused on the cases of ICC International Court of Arbitration

ICC Arbitration Court is the most developed and recognized place of dispute resolution. The power of arbitral tribunal to order or award the interim measures of protection is not maturity in the field of international commercial arbitration. However the purpose of the power of arbitral tribunal is to uphold justice by protecting parties' interests during the arbitral process. As we have recognized arbitration practice has moved a long way in recent years including global economic environment and international trade. ICC have been some awards including the order of interim measures of protection until 2000. So in this paper it is discussing the main issues of the interim measures of protection by the arbitral tribunal. Firstly, it is discussing the reasons that the arbitral tribunal need to have the power of interim measures of protection. Secondly, it is comparing articles for the granted power of interim measures of protection by the arbitral tribunal in the international arbitration rules. In those rules we are finding the unstable or uncertain regulations about the power of interim measures of protection by the arbitral tribunal. Thirdly, it may be seen the ICC cases that the arbitral tribunals are empowered to grant interim measures of protection and the appropriate reasons to grant the interim measures of protection which is to introduce the useful granting instructions for decisions. And finally, it will recognize the procedural and practical problems to grant the power of arbitral tribunal. In this paper we will find that UNCITRAL is likely to provide a draft uniform regime for the use the international commercial arbitration. It is emphasized to recognize the changing and cope with the main issues to harmonize in the field of international commercial arbitration.