Korea - Baker & McKenzie International Arbitration Yearbook: 2012-2013
June Junghye Yeum is a Partner and co-head of the International Dispute Resolution Practice at Lee & Ko in Seoul, Korea. Prior to joining Lee & Ko, she was a Partner at Baker & McKenzie’s New York office and has extensive experience handling cross-border disputes and international arbitrations under various arbitral rules including ICC and ICDR. She is also an arbitrator/neutral on the panel of the KCAB, SIAC and WIPO.
Wonyoung Yu is an Associate of Lee & Ko’s International Dispute Resolution Practice Group.
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 The Korea Arbitration Act
Both international and domestic arbitrations in Korea are governed by the Korea Arbitration Act (the “Arbitration Act”). The Arbitration Act is largely based on the UNCITRAL Model Law (as adopted in 1985, excluding the 2006 amendments). The ability of Korean courts to intervene in the arbitral process is limited to circumstances specified in the Arbitration Act.3 Parties can request that a court grant interim measures of protection before or during the arbitration.4
The Arbitration Act mandates that Korean courts provide assistance in the taking of evidence on written request from an arbitral tribunal.5 Korean courts are also authorized to intervene to assist arbitration proceedings in the following circumstances:
A. Legislation, Trends and Tendencies
A.1 Domestic Legislation
A.2 International Treaties
B.1 Commercial Arbitration Disputes
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures