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(영문) 서울고등법원 2015.03.18 2014나33194
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated in the reasons for the judgment of the court of first instance, except for addition or dismissal as follows:

(민사소송법 제420조 본문). <<추가하거나 고치는 부분>> 제6면 20행 ‘발생하는’ 다음에 ‘(which may arise among the Parties, out of or in relation to or in connection with this Agreement, or for the breach thereof)'를 추가한다.

Part 7 9 is to add “(Article 3 subparag. 2 of the Arbitration Act)” to “assumptive” and the following shall be added to 15:

Article 3 subparagraph 2 of the Arbitration Act is in accordance with the UNCITRAL Model Law of 1985, and the Model Law of 195 is assessed to be consistent with the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards). Therefore, the meaning of the arbitration agreement and the problem of the scope of validity of the arbitration agreement in the Arbitration Act need to be consistent with international interpretation and balance.

The English courts tend to broadly interpret the arbitration agreement as the "the principle of the presumption of Comprehensive Settlement".

The court's attitude is interpreted in the direction of examining the intent of certain expressions used by both parties, and in determining the scope of validity of the arbitration clause, the court applies the presumption that both parties have agreed to a single resolution institution for dispute resolution.

In other words, if the arbitration clause has been agreed, it is presumed that the parties intended to resolve the dispute through arbitration, and that it is not intended to resolve the dispute through other forms of dispute resolution including both arbitration and litigation.

If a reasonable party is a party, it would not be intended that two types of procedures exist ultimately.

in the United States.

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