한ㆍ중 상사중재제도의 비교를 통한 분쟁예방방안에 관한 연구

Abstract

As investment between Korea and China grows by, the commercial disputes also increase. The trade with china, which has grown steadily, has brought a lot of trade surplus to Korea, on the other hand, there are much problems. Korean firms has met a lot of incomprehensible problem and has been suffering from losses, because the economic system of China's different from Korea's and Korean firms have little experience and history with Chinese trade. Many corporations and individuals have faced with commercial disputes and have much difficulty to find a solution for the problem. They want to resolve their problem through negotiation, but it is difficult to accept unreasonable claim of China's trade law. They want to raise a suit, but it is difficult to defend themselves in a lawsuit, even it could occur the cost losses, because of complex law-formation and China government's effort to protect their country and their interests. Even though Korean firms figure out that arbitration is the best way to get through the problems, Chinese government would not allow the arbitration method. To minimize these loses, they try to prevent the problem through understanding chinese's commercial practice. No matter what happen, prevention is the best way to reduce commercial disputes. To reduce the disputes and cost losses, Korean firms must check and investigate about chinese's commercial practice before they start up their business. They have to pursue mutual interests through good normal relation with China. In according to, we have to study the cases of impending commercial dispute and the procedures and features of commercial arbitration-system of China. Beside, the contract and the economic profits of the features of trade and the relationship both countries are required.