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(영문) 서울고등법원 2017.06.09 2017나2002449
중재판정취소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The court's explanation of this case by this court as to this case shall be limited to 3-party 21 to 16-party 10-party 16 of the first instance court's decision.

B. The grounds for the judgment of the court of first instance, other than the following, are the same as the statement of the reasons for the judgment of the court of first instance. This part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(b) Whether a party to Article 5 (Loss of Right to Object) of the former Arbitration Act (amended by Act No. 14176, May 29, 2016) (amended by Act No. 14176, Jun. 29, 2016) provides relevant provisions (i) has lost the right to object to the constitution of the arbitral tribunal; (ii) has failed to raise an objection without delay despite being aware of the violation of the provisions of this Act or the agreement between the parties to the arbitral proceedings; or (iii) has continued the arbitral proceedings without raising an objection within the prescribed time limit for raising an objection, the right to object shall be lost. Article 12 (Appointment of Arbitrators) (2) The procedure for appointing an arbitrator shall be determined by agreement between the parties.

In such cases, when the arbitration agreement is in the form of an arbitration clause, the effect of another clause of the contract shall not affect the validity of the arbitration clause.

(2) Any objection to the powers of the arbitral tribunal shall be raised not later than the submission of a written answer.

In this case, a party may raise an objection even if he/she has appointed an arbitrator or participated in the appointment procedure.

(3) If the arbitral tribunal is beyond the scope of its authority during the arbitral proceedings, it shall raise an objection as soon as the grounds for objection are dealt with in the arbitral proceedings.

4. The Arbitral Tribunal shall, if any objection under paragraphs 2 and 3 has been raised later than the time set forth in the said paragraphs.

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