Korea - Part B - Arbitration in Asia - 2nd Edition
Kap-You (Kevin) Kim is a senior founding partner of Peter & Kim and operates from the Seoul office. Previously, he was a senior partner at Bae, Kim & Lee LLC, where he worked for over three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group. Over the last thirty years, Mr. Kim has acted as counsel, presiding arbitrator, co-arbitrator, and sole arbitrator in many dozens of international arbitrations under all the major institutional rules. He has broad disputes practice focusing on investment and commercial arbitrations as well as litigation matters. He is a Vice President of the ICC Court, Advisory Board Member of the International Council for Commercial Arbitration (ICCA), Council Member of the American Arbitration Association, and Chairman of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Committee. He also holds a number of other prominent positions, including that of a member of the Panel of Arbitrators at ICSID, and an editorial board member of the Global Arbitration Review. He has served as the Secretary-General of the ICCA from 2010 to 2014, a court member in the LCIA Court from 2007 to 2012, and the Vice-Chair of the IBA Arbitration Committee from 2008 to 2010. Mr. Kim is a graduate of the Seoul National University College of Law (LLB, LLM) and Harvard Law School (LLM). He is a member of the Korean and Seoul Bar Association and is also admitted to practice law in the state of New York. He has authored a number of publications on international arbitration and litigation practice. He is conversant in Korean (native), English (fluent), and Japanese (conversational).
Originally from Arbitration in Asia - 2nd Edition
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Using the arbitration process to resolve international commercial disputes is a widely acknowledged global trend. In line with this phenomenon, the use of commercial arbitration in Korea has grown significantly in recent years. Korea’s expanding global involvement in various sectors including technology and construction has resulted in broader use of transnational contracts containing arbitration clauses.
At the same time, Seoul is gradually emerging as an attractive alternative to Singapore and Hong Kong as a seat of arbitration. In support of this trend, the Korean Ministry of Justice, Seoul Metropolitan Government, Seoul Bar Association, and Korean Commercial Arbitration Board (KCAB) joined forces to open the Seoul International Dispute Resolution Centre (Seoul IDRC) in Seoul in May 2013 in order to provide a convenient and reliable venue for arbitration hearings in Northeast Asia. During the intervening eight years, the Seoul IDRC has become the default venue for arbitration hearings in substantial cases and other alternative dispute resolution proceedings taking place in Seoul.
The KCAB continues to contribute mightily to the growth and maturation of arbitration in Korea. Between 1966 and 2020, the KCAB administered a total of over 22,000 arbitration and conciliation cases. In 2018, KCAB International was established as an independent division of KCAB to meet the growing demand for cross-border commercial dispute resolution.
The KCAB also established KCAB Next in 2019 aiming to offer a platform for the new generation of arbitration practitioners and arbitrators in Korea.
[1] INTRODUCTION
[2] LEGISLATION
[3] THE ARBITRATION AGREEMENT
[4] APPOINTMENT OF ARBITRATORS
[4.1] Appointment
[4.2] Fall-back mechanisms to avoid deadlocks
[5] ARBITRAL PROCEDURE
[6] AWARDS
[7] JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Judicial Assistance
[7.2] Intervention
[8] RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
[9] INSTITUTIONAL ARBITRATION IN KOREA
[9.1] Background
[9.2] Request for arbitration
[9.3] Appointment of arbitrators
[9.4] Proceedings
[9.5] Award
[10] PRACTICAL INFORMATION
[10.1] Restrictions on foreign nationals
[10.2] Visas
[10.3] Korean Commercial Arbitration Board (KCAB)
[10.4] Seoul International Dispute Resolution Centre (Seoul IDRC)
[11] APPENDICES (online)
[11.1] Arbitration Act
[11.2] International Arbitration Rules of KCAB (2016)