A Study on the Efficient Ways of Trade Disputes Settlemen Against Chinese Company

중국기업과의 효율적인 분쟁해결방안에 관한 연구

  • 신군재 (신라대학교 국제통상정보학과) ;
  • 김경배 (대한상사중재원)
  • Published : 2004.02.01

Abstract

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

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