국제상사중재판정에 대한 "불복" - UNCITRAL 모델법(제34조)를 중심으로

Recourse against Arbitral Award in International Commercial Arbitration -Focused on UNCITRAL Model Law(Article 34)-

&nbsp;&nbsp;The purpose of this paper is to examine the possibilities of challenging an award before a national court or of correcting any errors by the arbitral tribunal. The word "recourse" in this paper means either an appeal to a different tribunal or an appeal to the relevant court which may be asked to vary the award, to send it back to the arbitrators for reconsideration, or to order that it should be set aside.<BR>&nbsp;&nbsp;Before challenging an award before the relevant court, this author examined other available remedies like any available process of appeal or review, or any available provision for the correction of the award or for an additional award. There are grounds on which an arbitral award may be challenged before a national court at the place of arbitration. Under UNCITRAL Model Law, there are four grounds for recourse against an arbitral award that must be proved by the applicant. There are also another two grounds which may be raised by a national court, namely arbitrability and public policy.<BR>&nbsp;&nbsp;Thus the Model Law has contributed greatly to the establishment of international commercial arbitration system. Some countries have enacted their arbitration acts almost same as the Model Law. Many western countries including Germany and Greek as well as Korea have taken Model Law as a guide in enacting their own arbitration laws.