KOREA 6
Korea No. 6, Islamic Republic of Iran Shipping Lines v. KTC Korea Co. Ltd., Western District Court, Seoul, 2005 Gadan 11605, 22 September 2006, and Western District Court, Seoul, First Civil Department, 2006 Na 8058, 26 July 2007
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.