Comparative Research On The International Commercial Arbitration Ruling System Between China And South Korea

In 1992 August China and South Korea established diplomatic ties after, bilateral trade has expanded size rapidly, China has become South Korea's the U.S. outside second largest market, China's trade ranks volume after the United States, Japan, after the third.As the transaction volume between China and South Korea of rapid growth, frequent trade friction.Trade disputes between China and South Korea a large relatively number of reasons, can be summarized as follows:The First as a developing china country market instability; The second communication between both before signing sides incomplete; The third South Korean trade overheated industry competition and between the technical problems led to many problems. The most important reason China should for socialist be on a misunderstanding of the rule of law and regulations.In trade the process parties of a stake connection related between the person, This in turn causes a conflict occurs, necessarily aspects occur all of friction and disputes.In particular, international trade, as between the parties in the formation of national legal, economic, language, habits, and the possibility of disputes not only large, and once on the dispute or dispute prevention measures when there is negligence, not only damages the parties took place, but also the loss of credibility of the national or enterprise, but to the person causing all kinds of bad influences.Because of the lack of understanding of the Chinese legal system do not do preventive work in advance, to be truly in dispute, Most are given timely not treatment.Even if the appointment of Chinese lawyers, and because of communication problems made progress on the legal status of business supervision and management can not be carried out smoothly.Consider the above situation, understanding of China's arbitration law is the ex ante prevention, and timely resolution of a necessary precondition.Between China and South Korea should also be the rapid development of relations with the deal, the increasing attention of commercial disputes, and make each other's interests and is conducive to economic cooperation between China and South Korea the sound development of countermeasures. At present, China and South Korea have enacted laws dealing with trade frictions, institutions and other supporting systems, in particular international commercial arbitration system dedicated to accelerating the modernization and internationalization pace.China has developed this new "Arbitration Law", and was on Sept.1,1995 into effect. The "Arbitration Law" to the Chinese before the arbitration based on practical experience, and with reference to the general method, is being evaluated as a major reform of China's arbitration system.South Korea is also the implementation of such a system. December 31,1999 revised South Korea "Arbitration Law" related to the introduction into the international arbitration of the UN Commission on International Trade Law Model Law on International Commercial Arbitration.Commercial arbitration is an arbitration to resolve international or domestic commercial transactions, disputes a way.In particular, Than among different nationalities enterprises of in the trade or investment resort disputes to procedure private international law settlement, But by the by dispute arbitrator chosen the parties to between distinguish right and wrong decision made by a judicial autonomy.Way of resolving disputes by arbitration, Because they can directly elected by the cases of the parties themselves arbitrator, so have the most trusted and satisfied with the ruling should not be proposed to the protest, as well as a result of the end of single-trial system in the shortest time the advantages of speedy resolution of disputes.Now China and South Korea have concluded an arbitration agreement, trade agreements and investment guarantee agreement and a series of treaties can be said to have met all the necessary foundation for economic cooperation.But because China and South Korea have more than any other country in different economic systems and way of thinking, trade practices, potentially the greater the possibility of disputes and friction.Therefore, trade between the two countries the natural or legal persons engaged in to continue need to study the other country's commercial arbitration.China and South Korea as Asia's largest trading partner, with the culture and nature on the homogeneity and deal with trade disputes and arbitration system, system development, future investment in China, Korean companies will be smooth to resolve disputes in China. International commercial arbitration reference for the smooth to implementation.The scope of this study is limited to the comparison between China and South Korea arbitration award associated with some problems.So China and Korea in this study is based on the law of arbitral awards as the center, according to two country studies conducted by the arbitration law.First of all, in the first chapter analyzes the implementation of the system of arbitral awards in China; second chapter analyzes the enforcement of arbitral awards system in Korea; the third chapter of the Korean system of enforcement of arbitral awards between the two countries were compared; Finally, the conclusions of this paper part.Due to the ideal of social systems and different business background to understand the different rules of arbitration in China is still shallow, like China and Korea by comparing the law, then of the two countries to deepen understanding of the law.