South Korea

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

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KCAB International

In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…

Interviews with Our Editors, KCAB, Korea, South Korea

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Professor Hi-Taek Shin is the Chairman of KCAB INTERNATIONAL, which is the international division of the Korean Commercial Arbitration Board (“KCAB”), Korea’s sole commercial arbitral institution. In addition to his duties as Chairman of KCAB INTERNATIONAL, he sits regularly as an arbitrator affiliated with Twenty Essex, both in international commercial arbitrations and investment treaty arbitrations….

Arbitration Proceedings, Diversity, South Korea

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Peter & Kim

The current quest for greater diversity in the world of arbitration has focused heavily on the proportion of women as well as different ethnic and cultural groups on arbitral tribunals, boards and committees of arbitral institutions, and, to a lesser extent, acting as lead counsel. Most recently, there have been timely demands to recognize and…

2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings

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In spite of unfamiliar challenges that emerged in 2020, arbitration progress in East and Central Asia has persisted. In this post, our East and Central Asian editorial team recapitulates major arbitration trends and developments of the region featured in the past year from the perspectives of national and interstate policies, judicial and legislative changes, as…

Arbitration Institutions and Rules, Asia, China, Hong Kong, India, Intellectual Property, Paris Arbitration Week, Set aside an arbitral award, Singapore, South Korea, Webinar

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YSIAC

On 10 July 2020, a panel of arbitration practitioners discussed the topic of “Recent Developments and Key Arbitration Trends in Asia” as part of the 2020 Paris Arbitration Week. The panel discussion covered the distinctive features of and the latest developments in five different jurisdictions: Singapore, China, Hong Kong, South Korea and India. Hosted by…

Arbitration, Arbitration Act, Arbitration Institutions and Rules, Confidentiality, Due process, KCAB, South Korea, Technology, Videoconferencing

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Significant advances in technology over the last decade have made videoconferencing a viable alternative to traditional, in-person witness examinations in arbitration. As the use of videoconferencing in international arbitration grows more common, we must ask ourselves: do we have the right tools to eliminate the risks that arise with this new technology? This question led…

2019 In Review, Armenia, Azerbaijan, Belt Road Initiative, China, Georgia, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Japan, Kazakhstan, Kyrgyzstan, Online Dispute Resolution, South Korea, Third party funding, Trade, Uzbekistan

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Gong Xi Fa Cai! The Year of the Earth Pig has drawn to a close. In what was certainly an auspicious and lucky year for arbitration developments in East and Central Asia, we take a closer look at five key developments:   1. Initiatives in PR China to boost arbitration In southern coastal China, the…

Arbitral seat, Asia-Pacific, China, Hong Kong, Interim measures, interim relief, Singapore, South Korea

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Introduction On 2 April 2019, the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region announced the signature of the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (“Arrangement”). This announcement as…

Arbitration institution, KCAB, South Korea

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Sometimes described as “a shrimp among whales,” Korea is situated between China to the west and Japan to the east. Historically, the ambitions of the two large, neighboring countries—and, in more recent times, other larger powers—have sometimes threatened to overwhelm or subsume Korea. Indeed, during the Cold War, the political maneuverings of global powers divided…

Arbitration institution, Efficiency, ISDS, ISDS Reform, KCAB, South Korea

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Last month, Seoul was once again brimming with eminent arbitrators and arbitration counsel, and leading alternate dispute resolution practitioners from around the world who had come to attend the Seoul ADR Festival 2018 – a much sought-after yearly event which has grown remarkably in scope and significance since it was first organized in 2015.1)This article…

Arbitration, Arbitration Industry, Hong Kong, KCAB, South Korea, UNCITRAL Model Law

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Bae, Kim & Lee LLC

Arbitration Industry Promotion Act of Korea In South Korea, the Arbitration Industry Promotion Act (“Promotion Act”), which was enacted on 27 December 2016, finally took effect on 28 August 2017. The purpose of this legislation is to promote arbitral procedures within Korea by expanding required infrastructures such as dispute resolution facilities, arbitration professionals, arbitration system,…

Asia-Pacific, Australia, Construction arbitration, Islamic Finance Disputes, Malaysia, Seat of the arbitration, Shari‘a, South Korea

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Herbert Smith Freehills

Singapore and Hong Kong are now considered to be amongst the top arbitration seats in the world, rivalling the long-established seats of London, Paris and Geneva. Perpetuating their dominance in the region, parties to contracts in the Asia-Pacific often choose either of these seats by default with no consideration of alternatives. This is underpinned, to…

New York Convention, Recognition and enforcement of arbitral award, South Korea

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Bae, Kim & Lee LLC

As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”)…

Arbitral Tribunal, Arbitration, Set aside an arbitral award, South Korea

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Bae, Kim & Lee LLC

A recent decision of the Seoul Central District Court provided guidance as to when a party should be considered to have waived its right to object to instances of non-compliance in arbitration proceedings. This post provides a summary of the Court’s judgment case and considers the possible ramifications of the Court’s reasoning for parties involved…