Arbitration Procedure - Chapter 5 - Arbitration Law of Korea: Practice and Procedure
Originally from Arbitration Law of Korea: Practice and Procedure
Arbitration procedure is influenced by a country's legal tradition, its national arbitration law, and the arbitration rules of the country's designated arbitration institution. Korea is no different. In Korea, the one overriding attribute shared by all of the foregoing is naturally the requirement that the parties be treated equally, and that each party is given a full opportunity to present its case.
As previously noted, Korea is a civil law country, having incorporated the Continental legal tradition into its basic laws and legal practice. It is the normal practice of Korean courts to hold intermittent hearings (i.e., hearings over three to four week intervals). In the context of domestic arbitration in Korea, this tradition has largely been carried on, while in the context of foreign-related or international arbitrations, the procedures are more closely aligned to international practices. These phenomena are discussed in detail in this chapter.
It is worth briefly recalling at this juncture the development of international arbitration in Korea, as the backdrop to our discussion of the current and future procedural practices and trends in arbitration in Korea. The Arbitration Act was enacted in March 1996 as the first modern legislation addressing arbitration on the Korean peninsula, and wholly amended in 1999 to adopt the UNCITRAL Model Law. These efforts demonstrated Korea's desire to join the international community and bring its national arbitration laws into alignment with the UNCITRAL Model Law.