KOREA 5 B

Supreme Court, 29 April 2010

(Majestic Woodchips Inc. v. Hun-Geun Yu, as the receiver of the reorganized Donghae Pulp Co., Ltd, et al.)

29 - 04 - 2010

KOREA 5 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVII (2012)
Jurisdiction Korea, Republic of
Summary

See also Supreme Court, 28 May 2009 (Majestic Woodchips Inc. v. Hun-Geun Yu, as the receiver of the reorganized Donghae Pulp Co., Ltd, et al.) KOREA 5 A

Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
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
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 5 B