KOREA 15

District Court, Busan, 9th Civil Division, 26 October 2011
Dongkuk Steel Corp. v. Yoon's Marine Ltd.

26 - 10 - 2011

KOREA 15

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)
Jurisdiction Korea, Republic of
Summary

Korea No. 15, Dongkuk Steel Corp. v. Yoon's Marine Ltd., District Court, Busan, 9th Civil Division, 2011 Gahap 8532, 26 October 2011

Related topics
401

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.

Conditions to be fulfilled by petitioner in general
406

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.

Translation (paragraph 2)
502

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.

No re-examination of the merits of the arbitral award
508 Ground b: Violation of due process in general
511

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.

"Otherwise unable to present his case"
524

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.

Other cases
KOREA 15