상세검색
최근 검색어 전체 삭제
다국어입력
즐겨찾기0
156510.jpg
KCI등재 학술저널

국내중재판정의 효력에 관하여

중재법 제35조의 해석을 중심으로

  • 29

In 2016 when the Korean Arbitration Act(KAA) was revised in full scale, Article 35, which stipulates the effect of a domestic arbitral award was revised to resolve the disputes over the interpretation of the Article. However, there is still a conflict on the interpretation of the Article in connection with the setting aside of an arbitral award. Some assert that an award retains the effect as a final judgment, unless it is actually set aside, while others assert that an award cannot retain such effect without setting aside of the award, if any one of grounds on which the recognition or enforcement of the award may be refused exists. This paper attempted to draw a reasonable conclusion, by examining in detail the New York Convention, UNCITRAL Model Law on the International Commercial Arbitration, and the legislation of other countries, especially those of Germany and Japan on the subject. In conclusion, the losing party of an award retains the defense to assert any ground on which recognition or enforcement of the award may be refused, without applying for setting aside of the award, as both application of setting aside an arbitral award and defense in the recognition or enforcement proceeding of the award are the internationally recognized means of a losing party of the award to deny the effect of the award. And only through such interpretation, Article 35 and 38 of KAA. can be interpreted harmoniously.

Ⅰ. 서론

Ⅱ. 중재판정의 효력에 관한 중재법상 규정의 변천과 2016년의 개정경위

Ⅲ. 중재판정의 효력에 관한 뉴욕협약 및 모델법의 입장과 외국의 입법례

Ⅳ. 국내중재판정의 효력에 관한 중재법 제35조의 해석론

Ⅴ. 맺음말

로딩중