- 외국중재판정의 집행판결에세 나타난 집행거부사유에 관한 고찰 - 대법원 판례를 중심으로 -
- A Review on Refusal Reasons in Enforcing of Foreign Arbitral Awards
- ㆍ 저자명
- 김경배,Kim. Kyung-Bae
- ㆍ 간행물명
- 중재연구
- ㆍ 권/호정보
- 2004년|14권 1호|pp.213-244 (32 pages)
- ㆍ 발행정보
- 한국중재학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
This article studied on international trade dispute of enforcement procedure of foreign arbitral awards at Korean Supreme Court, which is especially related to New York Convention article 5, The key points of most enforcement procedure were about public policy according New York Convention article 5, 2, b and New York Convention article 5, 1. Particularly, Judgement of public policy from Supreme Court represented that the recognition and enforcement of foreign arbitral award is to present and protect basic moral conviction and social order from spoiling, and not only domestic situation but also international stability of transaction should be taken into consideration in judging on recognition and enforcement of foreign arbitral award, which is construed under certain limitation. In this point, you should be understand the concept on refusal reasons in enforcing of foreign arbitral awards