인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
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.
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.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
최근 본 자료 전체보기
UCI(KEPA) : I410-ECN-0101-2010-326-002848202
