DISPUTE SETTLEMENT BY ARBITRATION

 

I. 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.

 

II. INVALID ARBITRATION AGREEMENTS

  1. Disputes arise in the domains falling beyond the arbitration’s jurisdiction defined in Article 2 of Law on commercial arbitration.
  2. The arbitration agreement maker has no competence defined by law.
  3. The arbitration agreement maker has no civil act capacity under the Civil Code.
  4. The form of the arbitration agreement is incompliant with Article 16 of Law on commercial arbitration.
  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.
  6. The arbitration agreement breaches prohibitions specified by law.

Means any arbitration agreement in the cases prescribed in Article 128 of the Civil Code.

 

III. STATUTE OF LIMITATIONS FOR INITIATING A LAWSUIT FOR DISPUTE SETTLEMENT BY ARBITRATION

Unless otherwise provided by discrete laws, the statute of limitations according to arbitral procedures is 2 years from the time of infringement of lawful rights and interests.

 

IV. PROCEDURES OF ARBITRAL PROCEEDINGS

 Step 1: Filing a petition

  • The plaintiff shall file a petition with the arbitration center if dispute is settled at an arbitration center. The plaintiff shall make a petition and send it to the defendant if a dispute is settled by ad hoc arbitration
  • Enclosed with the petition shall be the arbitration agreement and the originals or copies of relevant documents.

Step 2: The defendant fails to submit the self-defense statement

  • For a dispute to be settled at an arbitration center, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, within 30 days after receiving a petition and enclosed documents, the defendant shall send to the arbitration center a self-defense statement. At the request of one party or all parties, this time limit may be extended by the arbitration center based on the particular circumstances of the case.
  • For a dispute to be settled by ad hoc arbitration, unless otherwise agreed by the parties, within 30 days after receiving the plaintiff’s petition and enclosed documents, the defendant shall send to the plaintiff and arbitrator the self-defense statement and name and address of the person whom the defendant selects as arbitrator.

Step 3: Composition of an arbitration council

An arbitration council may be composed of one or more arbitrators as agreed by the parties.When the parties fail to reach agreement on the number of arbitrators, an arbitration council shall be composed of three arbitrators.

Step 4: Conciliation

the arbitration council shall conduct conciliation for the parties to reach agreement on the settlement of their dispute. If such an agreement can be reached, the arbitration council shall make a record of successful conciliation and have it signed by the parties and certified by the arbitrators. The arbitration council shall issue a decision recognizing the parties” agreement. This decision is final and as valid as an arbitral award.

Step 5: Hold a dispute settlement meeting

A dispute settlement meeting shall be held in private, unless otherwise agreed by the parties. The parties may personally, or authorize their representatives to. attend dispute settlement meetings and may invite witnesses and persons to protect their lawful rights and interests. When agreed by the parties, the arbitration council may allow others to attend dispute settlement meetings. The order and procedures for holding dispute settlement meetings shall be specified in the arbitration center’s rules of arbitral proceedings or agreed by the parties in case of ad hoc arbitration.

Step 6: The arbitration council shall issue

The arbitration council shall issue an arbitral award on the basis of majority vote. In case a majority vote cannot be obtained, an arbitral award shall be issued based on the opinion of the arbitration council’s chairman.

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