• Journal of Arbitration Studies
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• v.27 no.1
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• pp.131-160
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• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.69-90
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• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• 월간 기계설비
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• s.226
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• pp.76-78
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• 2009

• 월간 기계설비
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• no.11 s.220
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• pp.58-60
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• 2008

• 월간 기계설비
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• no.11 s.196
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• pp.70-73
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• 2006

• 월간 기계설비
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• no.10 s.219
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• pp.62-64
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• 2008

• 월간 기계설비
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• no.6 s.203
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• pp.78-80
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• 2007

• 월간 기계설비
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• no.1 s.198
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• pp.97-99
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• 2007

• 월간 기계설비
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• no.2 s.199
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• pp.88-90
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• 2007

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.125-157
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• 2012

This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.