CHAPTER 23 - Korea - Interim Measures in International Arbitration
Eun Young Park
Joel E. Richardson
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Originally from: Interim Measures in International Arbitration
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.
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
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.
(b) If so, please describe the nature of any such provisional
relief that is available.
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.