A Comparative Study on the Appointment of Arbitrator(s) in International Commercial Arbitration

국제상사중재에서 중재인 선정에 관한 비교연구 -국제중재규칙을 중심으로-

  • Received : 2006.08.21
  • Accepted : 2006.09.22
  • Published : 2006.09.25

Abstract

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. 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 purpose of this paper is to examine the specific elements of the Arbitration Clause through arbitration laws, arbitration rules and the related cases, to introduce the standard clause which are recommended by the international institution and the individual countries, and to make the parties of international commercial contracts reflect them in their contracts. Thus this author would like to recommend the famous and well known the Standard Clause which were drafted by international institution such as ICC and UNCITRAL or individual countries.(LCIA, AAA, CIETAC, KCAB)

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