하자중재조항의 사례분석과 시사점

Analysis of the Cases of the Defective Arbitration Clause and Its Effect

  The international arbitration system has been a useful method of disputes settlement arising from international transactions.   As a precondition in order to use international commercial arbitration, there must be a written arbitration agreement between the parties in the agreement. However, there have been found so many defective arbitration clauses in the contracts, and these defective arbitration clauses have caused the delay of claim settlement or even the inability to arbitrate.   Accordingly, those who are in the actual practice of concluding contracts should keep in mind that they had better choose institutional arbitration than ad-hoc arbitration, should select the arbitration rules of the arbitration institution to be hold arbitration and should consider enforcing the arbitration award.