국제중재절차에서의 법원의 역할

Arbitration is becoming more important as a means to resolve disputes arising out of various international business transactions. It is necessary for the court to refrain from intervening arbitration as a self-governing process other than litigation, and it is all the more important in the international dispute resolution, where unjust interference of a certain nation related with the dispute should be avoided. Nevertheless, intervention of the court is essential for enforcing a arbitration agreement against a reluctant party to participate in the arbitral proceeding and realizing the result of a arbitral award. Therefore it is important for the court to refrain from intervening arbitration improperly, assist arbitration efficiently, and clarify the scope and degree of the role of the court in each process of arbitration. These should be emphasized in international arbitration, as well as in domestic arbitration. This paper aims to clarify the role of the court in international arbitration, according to the sequence procedures of arbitration, namely enforcement of arbitration agreements, establishment of arbitral tribunals, review of the power of arbitrators, interim measures, examination of evidences, annulment of arbitral awards and lastly, recognition and enforcement of arbitral awards.