In 1999 the Korea Arbitration Act was amended to adopt the 1985

UNCITRAL Model Law. Korean courts apply a general policy of

supporting arbitration. As discussed below, this policy is reflected in the

broad discretion and willingness of Korean courts to order provisional

relief in support of arbitration, and provisions in the Korean Arbitration

Act allowing courts to assist arbitral tribunals in obtaining evidence for

use in arbitration.

 

 

 

Article 10 of the Korean Arbitration Act provides “A party to an

arbitration agreement may request, before or during arbitral proceedings,

from a court an interim measure of protection.” Pursuant to this

provision, courts in Korea are authorized to order provisional measures

in support of arbitration.

 

 

Courts in Korea can grant any of the same types of preliminary

relief in support of arbitration that Korean courts can grant in support of

litigation. This includes preliminary attachments to protect the ability of

the claimant in arbitration to collect on an eventual final award and

preliminary injunctions. Regarding preliminary injunctions, they may be

granted to prevent a respondent from disposing of the subject matter of

the dispute, to preserve the petitioner’s right to a future non-monetary

award or to protect the petitioner from substantial injury which is likely

to occur in the interim before the issuance of the final award.