중국의 중재판정 국적결정기준에 관한 연구

Determination Criteria of Nationality for Arbitral Awards in China

Most of countries including Korea adopt a principal criterion for determination of nationality in arbitral awards as a criterion for a place of arbitration. However, China regulates a determination criterion of nationality for arbitral awards in the Civil Procedure Act that the determination criterion of arbitral awards is based on the nationality of the arbitral institution not a place of arbitration. This study attempted to consider the necessity of nationality for the arbitral award and then contemplated the determination criteria of nationality which is generally acknowledged by each country and international agreement. Moreover, the study indicated how countries regulate the Chinese determination criteria of arbitral award by strategically classifying countries into Taiwan·Hongkong·Macao, for example. Cases in relation to nationality in arbitral award of Chinese court were analyzed and problems of the determination criteria of nationality for the arbitral award in China were identified. Suggestions were provided and precautions related to the determination criteria of nationality for Chinese arbitral award to companies were disclosed.