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KOREA 12 A
High Court, Seoul, 19th Civil Department, 16 August 2013
(LSF-KDIC Investment Company Ltd. v. Korea Resolution & Collection Corporation)
KOREA 12 A
See also Supreme Court, Third Division, 29 October 2015 (LSF-KDIC Investment Company Ltd. v. Korea Resolution & Collection Corporation) KOREA 12 B
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.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.