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
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The parties are generally free to determine their own procedure for appointing the arbitrators includingthe procedure for the selection of an umpire or chairman.
The trial to resolve the dispute by arbitration results in the primary ingredient of appointing anarbitrator. If the arbitration agreement does not specify the appointing authority of an arbitrator, thenone person may appoint an arbitrator and seek the approval of the other party and in case the otherparty objects or does not reply within 30 days, then the party seeking appointment has to approachthe Court. If the parties decline to specify the mode for selecting the arbitrators, then the relevantlegal system will usually provide a default selection process.
A well drafted arbitration clause will also normally make provision for where a party to the disputeseeks to cause delay by refusing to make or agree an appointment. Often this will allow the "non-defaulting"party to appoint a sole arbitrator and for the arbitration to proceed on that basis. In defaultof such a provision, where the parties are unable to agree, an application for an appointment is usuallymade to a recognised professional arbitration organization such as KCAB or the court. The KoreanSupreme court has cancelled three cases of arbitral awards regarding to the impartiality or independenceof arbitrator since 1966. One case was the award for wrong appointment of an arbitrator. The other twocases were not taking the challenge procedure an arbitrator appointed by a party after becomingaware of any circumstance referred to in Article 13 (2) of Korean commercial arbitration rule.
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