• Title/Summary/Keyword: 임시조치

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A Study on Interim Measures of Commercial Arbitration in China (중국 상사중재에서의 임시적 처분 조치에 관한 연구)

  • Qing-Tang;Hae-Ju Kim;Eun-Ok Park
    • Korea Trade Review
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    • v.48 no.4
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    • pp.67-92
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    • 2023

  • In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

  • https://doi.org/10.22659/KTRA.2023.48.4.67 인용 PDF