• Journal of Arbitration Studies
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• v.2 no.1
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• pp.105-118
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• 1992

• Journal of Arbitration Studies
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• v.2 no.1
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• pp.1-56
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• 1992

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.1-12
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• 2004

우선 이번 세미나에 참석시켜 주신 한국중재학회와 북경중재위원회에 진심으로 감사를 드린다. 아래 외국중재판정의 승인 및 집행에 관한 일본 판례를 중심으로 일본에 존재하고 있는 문제와 상황을 소개한다. 현재 일본에 외국중재판정의 승인 및 판례집행에 기재된 관련 판례는 그리 많지 않다. 직접 외국중재판정의 승인 및 집행에 관계되는 것 외에 중재계약을 이유로 하는 방소항변등을 포함하여 지금까지 13건뿐이다. 그 중 1993년이래 15건의 판례가 중국경제무역중재위원회의 중재판정이 일본에서의 승인 및 집행에 관한 것이다. 이것은 중국법인과 일본법인간의 분쟁을 해결함에 있어서 중재가 아주 큰 역할을 하고 있다는 것을 알 수 있다. 이런 판례의 소개와 분석을 통하여 여러분들에게 일본의 법률상황을 소개한다. (중략)

• Journal of Arbitration Studies
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• v.5 no.1
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• pp.155-180
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• 1995

• Journal of Arbitration Studies
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• v.6 no.1
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• pp.345-384
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• 1996

• Journal of Arbitration Studies
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• v.6 no.1
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• pp.315-344
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• 1996

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.43-66
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• 2009

This paper investigates what are the types and legal grounds for interim measures in the U.S. arbitration practices. The statutory ground for the interim measures is the Revised Uniform Arbitration Act. Another ground, probably the most important, is the parties' own intentions to adopt the interim measures in their arbitration proceeding. Most typical interim measures in arbitration include preliminary injuction, attachment and antisuit injunction. In the U.S ex parte motion for interim measure is rarely allowed while the Revised UNCITRAL Model Law specified an ex parte interim measure. In launching the interim measures, the US courts have demanded several requirements including imparability, probability of success and passing of the balance test. In general, the U.S. courts have properly interfered with the procedural issues in arbitration unreined but leaving the substantive issues untouched. It is believed that such interference has helped to enhance the credibility in arbitration with respect to fairness and justice.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.121-143
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• 2007

The law of Jus Rerem of China enacted on March 16, 2007 came into force from October 1st, 2007. China has enacted the law of Jus Rerem. This means that all three nations of Northeast Asia have formally and substantially similar legal terms and conceptions. Therefore, they will be reciprocally influenced on the legal matters related Jus Rerem. In the year 1949 when China, as a communist country, was originally established without the private ownership system, the law of Jus Rerem was not introduced. Since the reform and the open-economy policy in the year 1978 came into force, it has become important that newly acknowledged private property has been stipulated by the law of Jus Rerem. Arbitration Law of China is enacted on August 31th, 1994 and came into force from September 1st, 1995. It is a basic law which rules Chinese arbitration system. China has enacted the law of Jus Rerem, "conformed with the 21st century", by solving a lot of issues in dispute. A socialistic idea, a traditional Chinese idea and realistic conditions of the market economy were integrated into the law of Jus Rerem. It would have a very good effect on the growth and prosperity of China.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.23-46
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• 2021

Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related matters. The CAS Code applies whenever the parties agree to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agreement have decided that the CAS Code should govern their proceedings. The parties' autonomy is, however, limited to the provisions of the CAS Code that provide for such a corresponding autonomy. The application of the mandatory rules contained in the CAS Code cannot be excluded. In CAS appeals arbitration proceedings, the Panel shall decide the dispute according to the applicable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform application and interpretation of the relevant regulations are essential. Therefore, Art. R58 should be applied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also apply the so-called lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into account without the need to further examine the application of national legal standards.