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KOREA 15
District Court, Busan, 9th Civil Division, 26 October 2011
Dongkuk Steel Corp. v. Yoon's Marine Ltd.
KOREA 15
Korea No. 15, Dongkuk Steel Corp. v. Yoon's Marine Ltd., District Court, Busan, 9th Civil Division, 2011 Gahap 8532, 26 October 2011
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.