ICC 중재판정에서 Incoterms 적용의 해석문제

Interpretation Problem with Application of Incoterms in Arbitral Awards of the International Chamber of Commerce

The Incoterms rules are standard sets of trading terms and conditions designed to assist traders when goods are sold and transported. The interpretation and standardization of contracts used in international trade have been of interest to the ICC. The legal uncertainty resulting from different interpretation of trade terms in international sales of contract. The parties to a contract are unaware of the different trading practices in their respective countries. This can give rise to disputes. So in order to deal with these problems, the Incoterms rules are created in 1936 and published by the International Chamber of Commerce (ICC) and their successive amendments in 1953, 1967, 1976, 1980, 1990, 2000 and 2010. However, the Incoterms rules raise a number of questions with respect to contractual practice. This article is analysis the Incoterms rules related cases of International Commercial Arbitration of ICC International Court of Arbitration and this article seek for problems of interpretation of trade terms in their contract. And then I will come up with an effective plan for dealing with a a business perspective.