중국의 상사분쟁해결시스템의 문제점과 대응방안에 관한 연구 - 섭외중재제도를 중심으로

A Study on Problems and Countermeasures of Commercial Dispute Resolution System in China - with a special reference to International Commercial Arbitration -

&nbsp;&nbsp;Lack of understanding of relevant Chinese laws and their interpretation, misunderstanding of Chinese parties’ practices and way of thinking, related authorities’ arbitrary exercise of power, etc. become obstacles to the efficient settlement of commercial disputes. What is more, the execution of arbitration awards is hindered by the interference of the Chinese Communist Party and Court with arbitration, emphasis on traditional Guanxi(relationship) and national interests, absence of ad hoc arbitration, exclusive use of Chinese language in arbitration process, etc.<BR>&nbsp;&nbsp;Thus, the present study purposed to examine Chinese commercial dispute resolution system, to identify problems in the CIETAC arbitration system, which is used most frequently to settle disputes with foreign corporations, and to suggest how Korean exporters and importers to cope with commercial disputes with Chinese partners.