Originally from:
Arbitration in Asia 2nd Edition - Looseleaf
Arbitration in Asia 2nd Edition - Electronic
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PART B
KOREA
Kap-You (Kevin) Kim
[1] INTRODUCTION
Korea has been a member of the UN Convention on the Recognition
and Enforcement of Foreign Arbitration Awards (the ‘New York
Convention') for the last 30 years and in 1999 was the first among East
Asian countries to adopt the UNCITRAL Model Law. In the past two
decades, international commercial arbitration has grown dramatically in
Korea, which has led major East Asian jurisdictions in ICC arbitrations
in 5 of the past 6 years with an average of about 30 cases per
year. 1 Under the local arbitration institution (Korean Commercial
Arbitration Board; KCAB), around 200 cases are initiated each year, of
which an increasing number are international in nature.2 The growth and
maturation of arbitration in Korea is also evidenced by the increasing
number of arbitrators appointed from Korea in ICC arbitrations.3
Korean companies have grown accustomed to using international
arbitration as a means for resolving cross-border disputes and, as a result,
foreign companies doing business in or with Korean companies may well
find themselves in arbitration proceedings to resolve disputes arising
from their respective contracts. The following chapter provides a basic
overview of arbitration procedure as it is practiced under the auspices of
Korea's Arbitration Act as well as under the International Arbitration
Rules of the KCAB (the ‘International Arbitration Rules'), which,
subsequent to their introduction in 2007, underwent revisions recently in
2011. The newly amended version of the International Arbitration Rules
entered into effect as of September 1, 2011.
PART B
Korea
Kap-You (Kevin) Kim
______________________________________________________
Contents
[1] INTRODUCTION
[2] LEGISLATION
[3] THE ARBITRATION AGREEMENT
[4] APPOINTMENT OF ARBITRATORS
[5] ARBITRAL PROCEDURE
[6] AWARDS
[7] JUDICIAL ASSISTANCE AND INTERVENTION
[8] RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
[9] INSTITUTIONAL ARBITRATION IN KOREA
[9.1] Background
[9.2] Request for arbitration
[9.3] Appointment of arbitrators
[9.4] Proceedings
[9.5] Award
[10] PRACTICAL INFORMATION
[10.1] Restrictions on foreign nationals
[10.2] Visas
[10.3] Korea Council Arbitration Board (KCAB)
[11] APPENDICES (on CD)
[11.1] Arbitration Act
[11.2] International Arbitration Rules of KCAB
Kap-You (Kevin) Kim is the Founder and Head of Bae, Kim & Lee
LLC's International Arbitration & Litigation Practice Group, Asia's most
active and experienced international arbitration team, now consisting of
16 full-time arbitration practitioners from multiple jurisdictions. In
addition to serving as the first Secretary General of the ICCA to be
appointed out of Asia, Kevin is a Court Member at the ICC Court and the
LCIA Court--the first to be appointed from East Asia--a Board Member
of the AAA, a member of the Panel of Arbitrators of ICSID, and an
Editorial Board Member of Global Arbitration Review. He is also a
senior advisor and arbitrator of the Korea Commercial Arbitration Board
(KCAB), a Vice President of the Korean Council for International
Arbitration (KOCIA) and a Vice Chair of the International Arbitration
Committee of ICC Korea. Kevin has also served as Chair of the
International Committee of the Korean Bar Association and Vice Chair
of the IBA Arbitration Committee. He has acted as Counsel or
Arbitrator in over 180 commercial arbitral proceedings in Asia, Europe
and the United States, and has extensive experience practicing under the
rules of all major international arbitral institutions, particularly in the
fields of construction, distributorship, post-M&A, intellectual property
and information technology. He received his legal education at Seoul
National University Law School (LL.B.) and Harvard Law School
(LL.M.), and is author or editor of numerous publications on
international arbitration. In 2011, Kevin led his team, as general editor,
in the production of the first book-length treatise on arbitration in Korea:
ARBITRATION LAW OF KOREA: PRACTICE AND PROCEDURE
(Juris Publishing, 2011). Kevin is a member of the Korean and Seoul Bar
Associations, and is also admitted to practice in New York. He speaks
Korean (native), English (fluent) and Japanese (conversational).
