The Korea Commercial Arbitration Board (KCAB) International Arbitration Center has announced a comprehensive revision of its International Arbitration Rules. This is the first significant amendment to the Rules in a decade. The revised Rules, scheduled to take effect in January 2026, introduce substantial structural and procedural enhancements designed to align KCAB’s operations with global best practices in international arbitration and increase the number of cases heard at the KCAB. Key reforms include the establishment of a dedicated International Arbitration Court, the introduction of expedited and simplified procedures,
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Korean Supreme Court Reaffirms Pro-Arbitration Stance in Korean Arbitration Clause Dispute
On January 23, 2025, the Supreme Court of Korea’s First Civil Division (Case No. 2024Da243172) issued a significant decision reaffirming Korea’s arbitration-friendly judicial posture. The Korean Supreme Court ruled that even where an arbitration clause in a contract contains ambiguous or inconsistent language, it may still constitute a valid and exclusive arbitration agreement if the parties’ overall intent to arbitrate is clear. The case serves as a valuable lesson in drafting clear agreements from the outset. It appears that the parties did not have a competent attorney
Continue readingArbitration in Korea under the Korean Commercial Arbitration Board: International Arbitration Rules
Before the revision of the Korean Commercial Arbitration Board’s International Arbitration Rules, all cases submitted to the board under arbitration clauses that did not specify “International Arbitration Rules” govern the arbitration -would lead to the local arbitration rules being applied and the language of the arbitration being Korean. For additional articles on arbitration in Korea, please see: IPG Legal’s Arbitration Law Archive. A client who was working with one of the other law firms in Korea became entangled in this issue. Fortunately, we were able to amend
Continue readingKorean Commercial Arbitration Boards New International Mediation Rules
The Korean Commercial Arbitration Board (“KCAB”) in a move to encourage more international mediation at the KCAB has adopted International Medication Rules. The International Mediation Rules of the KCAB are effective as of January 1, 2024. The KCAB is the, only, statutorily-authorized arbitration board in Korea. For an article on arbitration in Korea, please see Arbitration in Korea at the Korean Commercial Arbitration Board and an Introduction to Korean Arbitration. The International Mediation Rules of the KCAB are a reaction to the growth in mediation and adoption
Continue readingKorean Arbitration: An Introduction
Korean Arbitration has come a long way since the ratification of the New York Convention in 1973. The Korean Commercial Arbitration Board (KCAB) went from a small organization handling a handful of cases to, now, an organization handling hundred of arbitration cases each year. The number of international arbitrations is, also, on the rise. This article shall give readers the backstory of how Korean arbitration as a dispute mechanism tool has developed over the years in Korea; review the key industries involved in arbitration; and provide a
Continue readingChallenging an Arbitrator at the Korean Commercial Arbitration Board
In our last post we discussed, at length, the benefits of arbitration in Korea over litigation in a Korean court. We shall be updating the reader of numerous issues related to arbitration over the next couple of weeks. The following posts concerns challenging of an arbitrator at the Korean Commercial Arbitration Board. Thus, what happens in a situation when you, as a party in a Korean arbitration, feel that the arbitrator is acting in a manner inconsistent with his or her duties as an arbitrator? At a
Continue readingThe Case for Arbitration over Litigation in Korea
Many of you are prospectively weighing the options of executing contracts with and without arbitration clauses in Korean contracts (aka setting yourself up for prospective litigation battles in Korean courts or resolving a dispute in Korea with the help of an arbitration panel). Thus, this article is intended to consider the option of arbitration over litigation in Korea. In most cases, IPG recommends arbitration over litigation for expat companies doing business in Korea and/or with Korean companies. While of course every case is unique, we at IPG
Continue readingLeading Commercial Arbitration Law Firm in Korea
IPG is one of the leading Korean law firms retained for international arbitration matters by multinational companies in need of efficient, proactive, and non-conflicted advocacy in Korea, North America, and East Asia. IPG was recently ranked as a top Dispute Resolution Law Firm and Sean Hayes is, consistently, ranked a Top 100 Attorney in Korea. We work on complex international commercial arbitration disputes, investor-state arbitration disputes, joint venture disputes, construction arbitration disputes, and a myriad of other commercial disputes for international companies doing business in Korea and/or
Continue readingKorean Dispute Resolution Law Firm of the Year: IPG Legal
IPG’s Korean Office was awarded the distinction as the Korea Dispute Resolution Law Firm of the year by a well-known international business journal in the United Kingdom. The journal is known for producing tailored news and guides for multinational companies doing business in Asia, North America, and Europe. Update: IPG received this designation from 2020 to 2023. Additionally, Sean Hayes is consistently ranked by LawAsia as one of the only non-Korean lawyers as a Top 100 Attorney working in Korea. IPG is thrilled that, based on feedback
Continue readingEnforcement of Arbitral Awards in Korean Courts: Arbitration Law Basics
After an arbitration panel outside of Korea renders an arbitral award against a Korean company or individual, typically, if the non-prevailing party lacks assets outside of Korea or the prevailing party needs to enjoin acts in Korea, the prevailing party chooses to enforce the arbitration award in Korea. Enforcement is not as easy as just giving arbitral awards to non-prevailing Korean parties. For enforcement of foreign judgments in Korean courts please see: Enforcement of Foreign Judgments in Korean Courts. When enforcing foreign arbitral awards in Korea, Article
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