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
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Challenging 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 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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