KOREA 12 B

Supreme Court, Third Division, 29 October 2015

(LSF-KDIC Investment Company Ltd. v. Korea Resolution & Collection Corporation)

29 - 10 - 2015

KOREA 12 B

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction Korea, Republic of
Summary

See also High Court, Seoul, 19th Civil Department, 16 August 2013 (LSF-KDIC Investment Company Ltd. v. Korea Resolution & Collection Corporation) KOREA 12 A

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
107

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.

Second reservation ("commercial reservation") (paragraph 3)
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
507

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.

Miscellaneous cases regarding the arbitration agreement
KOREA 12 B