프랑스의 2011년 개정된 중재법이 우리에게 주는 시사점에 대한 소고 = Some Thoughts on the Lessons to be Drawn from the 2011 Amendments to the French Arbitration Law

다국어 초록 (Multilingual Abstract)

France is one of the leading nations when it comes to international commercial arbitration. Its arbitration laws are reputed to be one of the most arbitration-friendly set of laws around the world. However, it was not always the case that France was an arbitration-friendly place. The Napoleonic Code, the origin of modern French law (and indeed the original model of much of the civil law countries` codes), in fact made it very difficult to use arbitration as a dispute resolution method. It was not until after the mid-twentieth century that France eased its restrictions on arbitration and its laws became progressively more arbitration-friendly. With the introduction of new 1980 and 1981 decrees that overhauled its arbitration laws contained in its civil procedure code, France really took centre-stage as one of the most pro-arbitration countries. One of the characteristics of the French arbitration law is it unshakeable recognition of party autonomy and the separability of arbitration agreement. This all stems from a certain world view of the French courts that international commercial arbitration forms an independent international legal order separate and separable from domestic laws. This is possibly the most progressive view on arbitration and one that may be unparalleled. The new 2011 decree revising the French arbitration law continues in this tradition and strengthens further the autonomy of arbitration legal order. This paper provides a brief introduction to the French arbitration law and introduces certain innovative and characteristic changes brought to it by the new 2011 decree, including the introduction of the judge d`appui system, the ability to grant interim relief, the effect of an arbitral award and simplification of the recognition and enforcement procedure of an arbitral award, among other things. It also examines what the new French arbitration law can teach Korea as it currently considers amending its arbitration law in order to develop in the sphere of international commercial arbitration.