UNCITRAL 국제상사중재규칙에 관한 연구

다국어 초록 (Multilingual Abstract)

The UNCITRAL has been long considered as a standard of international commercial arbitration rules. Since it was published, the UNCITRIAL has been widely used in a temporary arbitration, the disputes arbitration between the investors and host country. Also the arbitration among different countries and the commercial arbitration among standard arbitration institutions. Meanwhile, in order to adapt to the development of arbitration practice, the United Nations International Trade Law Commission has revised the UNCITRAL arbitration rules in June 2010. And the revised of UNCITRAL Arbitrations Rule (hereinafter as ‘UAR’) came into force on August 15th, 2010. There are two basic principals have been involved, as following: Firstly, the adoption version should be adapt to the 30 years development of the arbitration practice. Secondly, improving the efficiency of the arbitration without change the original framework of the UNCITRAL.
Based on the background above, this article discloses the basic concept of arbitration by describing the international commercial disputes and the characteristics of international commercial arbitration system. And also analyzing the commercial arbitration rules of the relevant nationals and international agencies and analyzing the specific content of UAR. This article summarizes that the major content of UAR has the concrete analysis of the revision UAR since 2010 and have influenced the international arbitration system that has revised by UNCITRAL. The outline of this article will be shown as following:
Firstly, it describes the characteristics of international commercial disputes, and embodies the nature and characteristics of commercial arbitration system by analyzing the points of the arbitration system broadly.
Secondly, the 2010 edition of the UAR is consist of 14Chapters and 43 Articles. The main content are as following: the first Chapter is introduction, the second Chapter is the constitution of the arbitration tribunal, the third Chapter is the procedure of arbitration and the fourth Chapter is the judgment and accessories.
Thirdly, compared to the 1976 version of the UNCITRAL, the 2010 version is consist of 43 Articles. The adopted version combines closely with UNCITRAL Model Law as well as modern international arbitration practice. The revision refers to broad aspects such as simplifying form requirements of arbitration agreement and clarifying the way for third parties to join arbitration, establishing the scope of interim measures, granting arbitral tribunal the right to deal with situation when the number of arbitrators does not fulfill requirements, exempting the liabilities of arbitrators and arbitral tribunal, strengthening supervision of arbitration fees, stipulating exception of arbitration confidentiality, etc.
Fourthly, The revised UAR reflects the trend of the development of modern arbitration. Overall, the new "UAR of arbitration will reduce the threshold of the applicable conditions and expand the arbitration application scope, improve the scientific nature of the arbitration procedure and public transparency. From the aspect of arbitration procedure, it based on the fully respect of the parties will and enhance the flexibility and the practical of the arbitration procedure. From the aspect of the formation of arbitration tribunal, to determine the number of the arbitrators according to the century of case, thus improve the efficiency of arbitration, avoid the waste of resources, and determine the arbitrators exempt system to keep the independence of the arbitrators. On the aspect of the arbitrament, the UNCITRAL considers that not only the fairness and effectiveness but also the free will of the parties and also the determined cost of the arbitrator that could be ensure the legality of the arbitration procedures and reduce the unnecessary expense for the parties.
Finally, all international commercial arbitration cases could be accepted by the arbitration of our country at present and the reformation of arbitration institution has the trend of internationalization. Paying attention to the modifications of the UAR, it will give benefit for the updating of the arbitration rules and also helpful for the construction of the arbitration system modernization to make the Arbitration Law to be better in the future.

목차 (Table of Contents)

• 제1장 서론 1
• 제1절 연구의 목적 1
• 제2절 연구의 방법 및 범위 4
• 제2장 국제상사분쟁과 국제상사중재제도의 특질 5
• 제1절 국제상사분쟁의 발생원인과 형태 5
• 1. 국제상사분쟁의 발생원인 5
• 2. 국제상사분쟁의 형태 6
• 3. 국제상사분쟁의 해결 7
• 제2절 국제상사중재제도의 본질과 특징 9
• 1. 국제상사중재제도의 본질 9
• 2. 국제상사중재제도의 특징 13
• 3. 중재의 종류 16
• 제3장 국제상사중재에 관한 국내·외 법규범 20
• 제1절 주요 국가 20
• 1. 미국 20
• 2. 영국 20
• 3. 일본 21
• 4. 중국 22
• 5. 한국 23
• 제2절 국제기구 25
• 1. 국제상업회의소(ICC) 25
• 2. 투자분쟁해결기구(ICSID) 26
• 3. 국제무역법위원회(UNCITRAL) 26
• 제4장 UN 국제상사중재규칙의 내용과 검토 28
• 제1절 UN 국제상사중재규칙의 내용 28
• 1. UN 국제상사중재규칙(1976)의 내용 28
• 2. UN 국제상사중재규칙(2010)의 개정내용 32
• 제2절 UN 국제상사중재규칙(2010)의 검토 50
• 1. UN 국제중재규칙(2010)의 특성 50
• 2. UN 국제상사규칙(2010)에 관한 검토 51
• 제3절 소결 53
• 제5장 요약 및 결론 54
• 참고문헌 55
• Abstract 59
• 摘 要 62