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[학술저널]

  • 학술저널

오원석(성균관대학교)

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초록

The purpose of this paper is to examine "scrutiny" system of the Court on the award rendered by the arbitral tribunal under the Article 27 of ICC Rules of Arbitration. This system is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules.
The "scrutiny" System has two aspects ; the first is to identify or modify the defects of "form", while the second is to draw the arbitrators' attention to points of "substance".
This make-up system of the Court assures not only the availability of international expertise to assist in attaining optimal enforceability of the award, but it is also a guarantee of representative views in the international community.
The "Scrutiny" procedure is very intensive process involving Committee Meeting or Plenary Session within both the Court and its Secretariat.
Although this scrutiny may delay the finalization and notification of the award, it may upgrade the quality of the award.
The validity of the scrutiny of draft award has been challenged in the past. For example it has been argued that the system may unduly interferes with the arbitrators' liberty of decision, but majority national courts have rejected such arguments unequivocally. Moreover not only the legitimacy but the desirability of the "scrutiny" system is today widely recognized.
To, upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the scrutiny System of the ICC Arbitration into Korea Commercial Arbitration Rules, even though many consideration factors are existing now.

목차

Ⅰ. 序論
Ⅱ. 仲裁法院의 役割
Ⅲ. 仲裁判定檢討의 內容
Ⅳ. 仲裁判定檢討節次와 有效性
Ⅴ. 結論
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