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KCI등재 학술저널

긴급중재인 제도관련 중국 중재기관의 규정 및 태도

The Attitude and Regulation of Chinese Arbitral Institution about an Emergency Arbitrator

  • 5

In order to cope with the changes of International Commercial Arbitration, the Shanghai International Economic and Trade Arbitration Commission (SHIAC) regulated an Emergency Arbitrator for the first time, implementing the arbitration rules in China (Shanghai) Pilot Free Trade Zone on May 1, 2014. Moreover, the China International Economic and Trade Arbitration Commission (CIETAC) also regulated the Emergency Arbitrator in the revised arbitration rules on January 1, 2015. However, it caused considerable contradiction that SHIAC and CIETAC admitted an interim measure decision by the Emergency Arbitrator under the circumstance that the Chinese court can impose a preservative measure in the Civil Procedure Code (CPC) and Arbiration Act. This study attempted to compare the main contents of an Emergency Arbitrator regulated in the arbitration rules of SHIAC and CIETAC with arbitration rules of representative arbitral institutions which operate an Emergency Arbitrator. In addition, this study verified the application features and problems through comparing the rule of SHIAC and CIETAC with the rule related to the preservative measure in Chinese law.

Ⅰ. 서 론

Ⅱ. 긴급중재인 제도 적용 요건과 원칙

Ⅲ. 긴급중재인의 역할과 결정

Ⅳ. 중국 긴급중재인 제도의 문제점 및 시사점

Ⅴ. 결 론