국제중재법규상의 중재인선정계약에 따른 중재판정부의 중재권한에 관한 연구

다국어 초록 (Multilingual Abstract)

The parties are free to agree on the number of arbitrators.
The role of the arbitrator is so significant in the arbitration system that its success or failure may depend on the credibility of the arbitrator. The arbitrator is endowed with not only the power of presiding arbitral procedures and of rendering arbitral awards, but also the right to remuneration and expense.
The composition of the arbitral tribunal will be examined in the light of general practice. The administration of the arbitration also implies a methodology aimed at ensuring the smooth-flow and impartiality of arbitral tribunal.
The UNCITRAL Model Law on International Commercial Arbitration identified a certain number of basic obligations and rights of an arbitrator, whatever the legal context of the arbitration in the cases.
The obligation to be and remain independent and impartial; to conduct the procedure equitrably; the obligation of confidentiality; the right to reasonable remuneration and the right to expect honest cooperation from the parties and appropriate assistance from the arbitration institution.
In practice, the party-appointed-arbitators in international commercial arbitration very often feel enormous pressure that comes from the expectation of the parties that nominated them.
When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality and independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.
An arbitrator may be challenged only if circumstaces exist that give rise to justifiable doubts as to his impartiality and independence, or if he does not possess qualifications agreed to by the parties.
A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
The arbitration procedure should respect the rules of due process and treat each of the parties on an equal footing, otherwise the award will be weakened owing to infringement of the rights of the defence. The requirement means that the responsibility of sole arbitrator and the arbitral tribunal is becoming increasingly specific.

참고문헌 (Reference)

1 "상사중재법론" 박영사 2000

2 "UNCITRAL 중재규칙의 적용과 실제" 20 : 2-, 1981

3 "The Settlement of Disputes International Law" Oxford University Press 1999

4 "Riles on Law of Arbitration" Stevens & Sons 1979

5 "International Contract and National Economic Regulation" Kluwer Law International 2000

6 "International Commercial Arbitration" Transnational Publishers Inc 1997

7 "International Arbitration Treaties" Juris Publishing Inc 1998

8 "Arbitration and Complex International Contracts" Kluwer Law International 2001

9 "Arbitration Clauses for International Contracts" Juris Publishing Inc 2000

10 "A Guide to the UNCITRAL Model Law on International Commercial Arbitration" 1989

11 "?The Natural and Extent of an Arbitrator's Powers in International Commercial Arbitration ? Journal of International Arbitration" 1987