한국과 중국의 중재인제도 비교분석

A Comparative Study on Arbitrator system between Korea and China

China has been South Korea's biggest trading partner since 2003 As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies have been increasing If these disputes are settled by Arbitration, the parties appoint arbitrator who are empowered to proceed the arbitration procedure and have a power to render an arbitral award Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration In comparison with arbitrator system between Korea and China, some differences are found First, there is no standards of qualification of the arbitrator in Korea Arbitration Law whereas there is standards of qualification of the arbitrator in Chinese Arbitration Law Second, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea whereas the Chairman of CIETAC choose him in China Chinese way of appointing arbitrator may be unfavorable for Korean companies So, it is very important for Korean companies to insert a special arbitration clause providing the presiding arbitrator shall be appointed among those who have a third nationality other than the parties concerned