| 關 鍵 詞： |
仲裁；訴訟；法院；仲裁人；仲裁判斷；判決；國際化 |
| 中文摘要： |
Commercial arbitration involves the parties to a dispute arising out of a business transaction referring the dispute by mutual agreement to an arbitrator for determination. In comparison to an ordinary lawsuit, commercial arbitration has the following features: First, the arbitrator(s) may in principle be selected by the parties by mutual agreement. A party may be more comfortable with, and more wi11ing to accept the determination of, an arbitrator whom he has selected to handle the dispute. Second, where the dispute involves specialized technology or a specialized industry such as maritime, international trade ,construction, medical or other simi1ar matters, it is possible to appoint an arbitrator who has knowledge and experience in relation to such technology or industry. Thus, a specialized matter can be handled by a specialist. Third, the parties must comply with the applicable principles of the law in appointing an arbitrator to determine. the dispute. Arbitration is sti11 not very common in the R.O.C. However, contracts involving international transactions frequenqy inc1ude arbitration c1auses ,and, as R.O.C. business and industry becomes more internationalized, the trend to include an arbitration c1ause in contracts is becoming more widespread. It is to be anticipated that this trend wil1 lead to increased referral of disputes to arbitration in the future.
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| 目 次： |
I.Special Features of Commercial Arbitration
II.Establishment of an Arbitration Agreement
III.Appointment of Arbitrators
IV.Stay of Legal Proceedings
V.Effect of an Arbitration Award
VI.Settlement as Part of the Arbitration Process
VII.Foreign Arbitration Awards
VIII.Arbitration Bodies
IX.Conclusion
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