Court Involvement in the Arbitral Process - Chapter 7 - Arbitration Law of Korea: Practice and Procedure

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Author(s): 
Bae, Kim & Lee, LLC
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10 pages
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PDF from "Arbitration Law of Korea: Practice and Procedure"
Practice Areas: 
Court Decisions,
Anti-Suit Injunctions,
Contractual Expansion or Limitation of Judicial Review,
Judicial Appointment of Arbitrators,
Judicial Assistance in Procedural Matters,
Judicial Confirmation of Award,
Judicial Consolidation of Arbitral Proceedings,
Judicial Granting of Interim Relief,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Procedure and Grounds for Setting Aside,
Proceedings to Compel Arbitration,
Proceedings to Determine or Modify Arbitration Agreement,
Recourse Against Award Generally,
Remission,
Review on the Merits,
Stay of Court Proceedings Pending Arbitration,
Stay or Termination of Arbitral Proceedings by Judicial Order
Jurisdictions: 
Korea
$35.00
Published: 
January, 2012
Description: 

Originally from:

Arbitration Law of Korea: Practice and Procedure

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CHAPTER 7
COURT INVOLVEMENT IN THE ARBITRAL PROCESS

7.1 INTRODUCTION

The Arbitration Act provides for court involvement in relation to
arbitration proceedings, but only in specific, enumerated ways. As stipulated
in Article 6 of the Arbitration Act: "In matters governed by this Act, no court
shall intervene except as so provided in this Act." Accordingly, court rulings
have been reversed by the Supreme Court where the lower court's action
exceeded the permissible actions stipulated in the Arbitration Act.1
However, the Arbitration Act provides for several important (though
enumerated) powers with regard to court participation in relation to
arbitration proceedings.

For instance, courts can help maintain the effectiveness of the arbitral
process by:

• ordering interim measures;2
• assisting in the taking of evidence;3
• considering challenges of an expert;4
• retaining original copies of arbitral awards;5 and
• reviewing and approving the KCAB arbitration rules.6

Courts may also assist in the formation and composition of the arbitral
tribunal by:

• appointing arbitrators;7
• considering challenges of arbitrators;8 and
• deciding disputes concerning an arbitrator's mandate.9

Courts also may review and rule on questions of the existence, validity,
or scope of an arbitration agreement in the following circumstances:

• in an action to set aside an arbitral award;10
• in an action to recognize and enforce an arbitral award;11
• in an action requesting court review of a tribunal's determination, as
a preliminary matter, that it has jurisdiction;12 or
• in an application to dismiss a lawsuit for procedural defect in cases
where a valid arbitration agreement is determined to exist.13

Table of Contents: 

Chapter 7 Court Involvement in the Arbitral Process 

7.1 Introduction

7.2 Court Role in Maintaining the Effectiveness of the Arbitral Process 

7.2.1 Court-ordered Interim Measures 
7.2.2 Court Assistance in the Taking of Evidence 
7.2.3 Court Assistance in Challenges to Experts 
7.2.4 Deposit of the Original Copy of an Arbitral Award with the Court
7.2.5 Court Review and Approval of KCAB Arbitration Rules

7.3 Court Assistance in the Formation and Composition of the Arbitral Tribunal 

7.4 Court Review of the Existence, Validity or Scope of an Arbitration Agreement 

7.4.1 Court Review of a Tribunal's Jurisdiction
7.4.2 Applications to Dismiss a Lawsuit Due to the Existence of an Arbitration Agreement

 

Author Detail: 

About the firm:

Bae, Kim & Lee's International Arbitration and Litigation Group has earned worldwide respect for its forceful and uncompromising representation of clients. In a field where experience counts, BKL boasts Korea's first dedicated international arbitration practice group. Having been at the forefront of the field in Korea for the past 10 years, the team is now composed of 16 attorneys from several jurisdictions plus paralegals and staff, and includes a former Counsel of the ICC Secretariat and several members listed in leading publications including Who's Who Legal, Chambers, and Asia-Pacific Legal 500. This year, reflecting the team's progress and current international standing, BKL received the Arbitration Win of the Year award from Global Arbitration Review (GAR) and had the honor of being the first and only Korean firm ever listed in the "GAR 30," awarded to the 30 top arbitration practices worldwide.

 

General Editors:

Kap-You (Kevin) Kim is Head of the International Arbitration and Litigation Practice Group and Partner of Bae, Kim & Lee LLC. Mr. Kim has the distinct honor of being a Court Member of the ICC Court of Arbitration and the London Court of International Arbitration, listed ICSID arbitrator, Senior Advisor to the Korean Commercial Arbitration Board, Vice Chair of the IBA Arbitration Committee and a Board Member of the American Arbitration Association.

 

John P. Bang is Partner (foreign legal adviser) and co-founder of Bae, Kim & Lee's International Arbitration and Litigation Practice Group. Mr. Bang has acted as counsel in over 75 commercial arbitral proceedings in Asia, Europe and the US under the rules of all major international arbitral institutions including, among others, the ICC, ICSID, LCIA, SIAC, JCAA, and KCAB (Korean Commercial Arbitration Board) and numerous litigation proceedings in various foreign jurisdictions. He was named in the Global Arbitration Review’s "45 under 45" for 2011, which lists the leading figures of the international arbitration bar under the age of 45

 

Contributing Authors:

Seungwoo (Sean) Cho

Matthew J. Christensen

Kyongwha Chung

Seung Il Hong

Woochul Hwang

Eun Ah Jeung

Byoung Pil Kim

Hong-Joong Kim

Junu Kim

Sue Hyun Lim

David W. MacArthur

James Morrison

JongKwon Ryoo

Yunsoo Shin

Sung Woo Yang

Seokchun Yun