중국의 임시중재제도에 관한 연구

Abstract

This study presents matters to be noted for Korean parties who want to use ad hoc arbitration system through a study on Chinese ad hoc arbitration system. This study comparatively analyzed Chinese laws, regulations, judicial interpretations and cases related to the ad hoc arbitration system. Although China does not permit ad hoc arbitration by law, it does allow the use of ad hoc arbitration for disputes under some special circumstances, such as disputes between companies located in Free Trade Zones. In international commercial arbitration, ad hoc arbitration can be used when the parties have stipulated a law other than Chinese law as the governing law for the arbitration agreement, or have stipulated a place other than China as the arbitration place without stipulating a governing law for the arbitration agreement. When a Korean parties intend to resolve a dispute with Chinese parties through ad hoc arbitration, the following should be noted. First, in the ad hoc arbitration agreement, the governing law for the arbitration agreement or the place of arbitration must be stipulated in a law and place other than China. Second, since domestic investment companies located in China Free Trade Zones are Chinese corporations, ad hoc arbitration should not be used for transactions with Chinese companies without an international element.