Arbitrators - Chapter 4 - Arbitration Law of Korea: Practice and Procedure
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
Originally from Arbitration Law of Korea: Practice and Procedure
ARBITRATORS
4.1 INTRODUCTION
One of the chief reasons parties choose arbitration over litigation for resolution of contentious legal disputes is the ability to control the procedure, and tailor it to a particular dispute. An important aspect of this flexibility is the ability to choose the adjudicators in each case. By contrast, in a domestic court system, a judge is typically assigned to a case without input from the parties. Moreover, except in certain specialized courts which handle particular types of matters (e.g., bankruptcy, juvenile crimes, etc.), judges are generalists called upon to handle a range of legal disputes and the parties have no ability to select a judge with a particular area of expertise.
The ability to select arbitrators provides parties the option of appointing adjudicators with expertise--or other desired qualities--specifically suited to the dispute. Naturally, the technical and legal backgrounds of the arbitrators are but two of many criteria the parties might consider important in the selection of arbitrators, and the fact remains that having the autonomy to choose arbitrators remains one of the most appealing, and important, aspects of arbitration.
4.2 REQUIREMENTS TO SERVE AS ARBITRATOR
Anyone may serve as an arbitrator in an arbitration seated in Korea so long as the person has legal capacity,1 is independent and impartial, and is not otherwise unable to perform the duties of an arbitrator.2 No particular nationality or occupation is required or proscribed.3 In other words, one need not be a Korean national or a lawyer to act as an arbitrator.
In practice, arbitrators are usually attorneys. As to nationality, arbitrators in domestic arbitrations between Korean parties are almost always Korean nationals for the obvious reason that Korean language ability is generally required, while in international arbitrations, arbitrators are frequently nationals of other countries. In recent years there has been a significant rise in the number of Korean arbitrators serving in international arbitrations,
Chapter 4 Arbitrators
4.1 Introduction
4.2 Requirements to Serve as Arbitrator
4.3 Number of Arbitrators
4.3.1 Number of Arbitrators under the Arbitration Act
4.3.2 Number of Arbitrators under the KCAB rules
4.4 Choosing the Arbitrators
4.5 Method of Appointing Arbitrators
4.5.1 Method of Arbitrator Appointment under the Arbitration Act
4.5.2 Court Involvement in the Appointment of Arbitrators
4.5.3 Method of Arbitrator Appointment under the KCAB Rules
4.5.3.1 Party Agreement on Method of Arbitrator Appointment
4.5.3.2 Lack of Party Agreement on Method of Arbitrator Appointment
4.5.4 Appointment of Arbitrators in Multiparty Cases
4.6 Duties of Arbitrators
4.6.1 General Duties of Arbitrators
4.6.2 Duty of Independence and Impartiality
4.6.3 Duty to Disclose
4.6.3.1 Duty to Disclose under the Arbitration Act
4.6.3.2 Duty to Disclose under the KCAB Rules
4.6.4 Duty to Render an Award
4.7 Powers of Arbitrators
4.7.1 Powers of Arbitrators under the Arbitration Act
4.7.2 Powers of Arbitrators under the KCAB Rules
4.8 Liabilities of Arbitrators
4.9 Challenges to and Replacement of Arbitrators
4.9.1 Challenges to Arbitrators
4.9.1.1 Challenges to Arbitrators under the Arbitration Act
4.9.1.2 Termination of an Arbitrator's Mandate
4.9.1.3 Challenges to Arbitrators under the KCAB Rules
4.9.2 Replacement of Arbitrators
4.9.2.1 Replacement of Arbitrators under the Arbitration Act
4.9.2.2 Replacement of Arbitrators under the KCAB Rules
4.10 Fees and Expenses of the Tribunal
4.10.1 Tribunal Fees and Expenses under the Arbitration Act
4.10.2 Tribunal Fees and Expenses under the KCAB Rules
4.11 Challenges to the Jurisdiction of the Tribunal