중재판정의 집행결정절차

Prior to the enforcement of an arbitral award, the award shall first be reviewed by the court to determine whether it is consistent with the national legal system, and, if approved, the court issues an enforcement ruling, which declares that the award might be legally executed. In order to enhance the effectiveness and promotion of the arbitration, the review procedure should be built to be efficient and expeditious. For that purpose, the review procedure under the Korean Arbitration Act(KAA), which was a judgment procedure based on formal oral proceeding, has been changed by the overall revision of KAA in 2016 to a ruling procedure based on less formal hearing. This paper at first considers the legislative intent of the above mentioned 2016 revision and deals with the ruling process for the enforcement of an arbitral award, including application, process of review, issuing of a ruling, appeal to the ruling and actual execution of the enforcement ruling. The review procedure for an enforcement ruling of an arbitral award is the most important and most commonly used role of the court in the whole process of arbitration. The performance of the Koran Court represents the fairness and the Court’s stance to the arbitration. The Korean Court should operate the review procedure appropriately and objectively to enhance the stability and reliability in the area of arbitration.