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학술저널

仲裁判定의 執行判決節次

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Article 35 of the Korean Arrbitration Act stipulates that An arbitral award shall have the same effect as a final and conclusive judgment. , and Article 36 (1) of the same Act stipulates that An arbitral award shall be recognized or enforced by the recognition judgment or the enforcement judgment by the court. . In order to provide the enforcement power to the arbitral award, it s necessary to review whether the arbitral award is made fairly and is not against the public policy. Therefore the party seeking the enforcement of an arbitral award should apply to the court, and then the court will review the arbitral award. The court will render the enforcement judgment, if the arbitral award is appropriate for the enforcement. This essay is on the rules governing the procedure for the enforcement of the arbitral award, including both domestic and foreign arbitral award, according to the Korean Arbitration Act, which adopted the UNCIRAL Model Law on International Commercial Arbitration.

Ⅰ. 序說

Ⅱ. 承認과 執行의 槪念

Ⅲ. 執行判決 請求의 訴

Ⅳ. 審理節次

Ⅴ. 判決

Ⅵ. 執行判決의 强制執行

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