I. Regulation

• Article 5, 16, 18, 19 Law on Commercial Arbitration
• Article 2,3,7 Resolution No. 01/2014/NQ-HĐTP dated 20/03/2014

II. Conditions for dispute settlement by arbitration

1. A dispute shall be settled by arbitration if the parties have an arbitration agreement. An arbitration agreement may be made either before or after a dispute arises.

2. When one of the parties being an individual to an arbitration agreement dies or loses his/her act capacity, such arbitration agreement remains valid for his/her heir or representative at law. unless otherwise agreed by the parties.

3. When one of the parties being an institution to an arbitration agreement has to terminate its operation, goes bankrupt, or is dissolved, consolidated, merged, divided, split up or reorganized, such arbitration agreement remains valid for an institution that takes over the rights and obligations of the institution to such arbitration agreement, unless otherwise agreed by the parties.

4. Disputes arise in the domains beyond the arbitration’s jurisdiction

4.1. Disputes among parties which arise from commercial activities.

4.2. Disputes among parties at least one of whom conducts commercial activities.

4.3. Other disputes among parties which are stipulated by law to be settled by arbitration.

5. Not in the case of invalidity

Case of invalidity include:

5.1. Disputes arise in the domains falling beyond the arbitration’s jurisdiction

5.2. The arbitration agreement maker has no competence defined by law.

• The arbitration agreement is negotiated by persons other than legal representatives or authorized persons, or authorized persons that act beyond his/her authorized entitlements.
• If the arbitration agreement is negotiated by incompetent persons but the persons competent to negotiate arbitration agreements accept it or do not object to it during the negotiation or arbitral proceedings, such arbitration agreement is not void.

5.3. The arbitration agreement maker has no civil act capacity under the Civil Code

5.4. The form of the arbitration agreement is incompliant.

5.5. A party is deceived, intimidated or compelled in the course of making the arbitration agreement and requests a declaration that such arbitration agreement is invalid.

5.6. The arbitration agreement breaches prohibitions specified by law.

6. Forms of arbitration agreement

6.1. An arbitration agreement may be made in the form of an arbitral clause in a contract or in the form of a separate agreement

6.2. An arbitration agreement must be in writing. The following forms of agreement may also be regarded as written form:

• Agreement made through communication between the parties by telegram, fax, telex, email or other forms provided for by law;
• Agreement made through exchange of written information between the parties;
• Agreement recorded in writing by a lawyer, notary public or competent institution at the request of the parties:
• In their transactions, the parties make reference to a document such as a contract, document, company charter or other similar documents which contains an arbitration agreement;
• Agreement made through exchange of petitions and self-defense statements which reflect the existence of an agreement proposed by a party and not denied by the other party.

6.3. In case multiple arbitration agreements are reached on the same dispute, the latest lawful agreement shall apply.

6.4. If the contents of an arbitration agreement are not clear or could be understood in more than one way, regulations of the Civil Code shall apply.

6.5. When there is a handover of rights and obligations under a transaction or contract which contains a lawful arbitration agreement, such agreement is still applicable to the transferee and the transferor, unless otherwise agreed by the parties concerned.

6.6. Multiple legal relationships to resolve the same case shall be combined in one of the cases below:

• The parties agree to combine multiple legal relationships to resolve the same case;
• The arbitration rules allow for combination of multiple legal relationships to resolve the same case.

6.7. An arbitration agreement is entirely independent from the contract. Any modification, extension, cancellation, invalidation or nonperformance of the contract will not invalidate the arbitration agreement.

About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/  FB: https://www.facebook.com/hankuk.lawfirm  Tiktok: https://www.tiktok.com/@hankuklawfirm Youtube: https://www.youtube.com/@hankuklawfirm6375 Email:  info@hankuklawfirm.com   SĐT: 0369.77.11.46