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韩国仲裁法(英文本)
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【文书编号】
【发布机构】 韩国商事仲裁院
【案件类型】
【发布日期】 2014年08月04日
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【代理律师】
【当 事 人】
【国 别】
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【全文】         

General Provisions

Article 1 (Purpose)

 

The purpose of this Act is to ensure the proper, impartial and rapid settlement of disputes in private laws by arbitration.

 

 

 

Article 2 (Scope of Application)

 

The parties shall be equally treated in the arbitral proceedings and each party shall be given a full opportunity of presenting his case.

 

 

 

(1)

This Act shall apply where a place of arbitration under Article 21 is in the Republic of Korea. The provisions of Articles 9 and 10 shall also apply even where a place of arbitration has not been determined yet or is not in the Republic of Korea, and the provisions of Articles 37 and 39 shall also apply even where a place of arbitration is not in the Republic of Korea.

(2)

This Act shall not affect any other Act by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Act, nor the treaties which are valid in the Republic of Korea.

 

 

 

 

 

 

Article 3 (Definitions)

 

The definitions of terms used in this Act shall be as follows:

 

 

 

(1)

The term "arbitration" means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties;

(2)

The term "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of defined legal relationships, whether contractual or not; and

(3)

The term "arbitral tribunal" means a single arbitrator or a panel of arbitrators who conducts the arbitral proceedings and makes an arbitral award.

 

 

 

 

 

 

Article 4 (Receipt of Written Communications)

 

 

 

(1)

Unless otherwise agreed by the parties, any written communication shall be deemed to have been received on the day it is delivered to the addressee personally.

(2)

If there is no way the personal delivery under paragraph (1) is effected, any written communication shall be deemed to have been received by the addressee on the day it is properly delivered at his habitual residence, place of business or mailing address.

(3)

In applying paragraph (2), if none of the addressee's habitual residence, place of business and mailing address can be found after making a reasonable inquiry, a written communication shall be deemed to have been received by him on the day it is sent to his last-known habitual residence, place of business or mailing address by registered mail or any other means which provides a record of the attempt to deliver it.

(4)

The provisions of paragraphs (1) through (3) shall not apply to communications in court proceedings.

 

 

 

 

 

 

Article 5 (Waiver of Right to Object)

 

A party who knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.

 

 

 

Article 6 (Extent of Court Intervention)

 

In matters governed by this Act, no court shall intervene except as provided in this Act.

 

 

 

Article 7 (Competent Court)

 

 

 

(1)

Matters as prescribed in any of the following subparagraphs shall fall under the jurisdiction of the district court or its branch(the both are referred to as the "court" hereinafter) designated by an arbitration agreement or, failing such designation, under the jurisdiction of the competent court of the place of arbitration or, if the place of arbitration has not yet been determined, under the jurisdiction of the competent court of the respondent's habitual residence or place of business or, if none of those can be found, his place of abode or, if it cannot be found, his last-known habitual residence or place of business:

 

 

1.

Appointment of an arbitrator under Article 12 (3) and (4);

2.

Decision on the request for challenging an arbitrator under Article 14 (3);

3.

Decision on the request for terminating the mandate of an arbitrator under Article 15 (2);

4.

Decision on the jurisdiction of the arbitral tribunal under Article 17 (6); or

5.

Decision on the request for challenging an expert under Article 27 (3).

 

 

 

 

(2)

The taking of evidence under Article 28 shall fall under the jurisdiction of the competent court of a place where it is performed.

(3)

Matters as prescribed in any of the following subparagraphs shall fall under the jurisdiction of the court designated by an arbitration agreement or, failing such designation, under the jurisdiction of the competent court of the place of arbitration:

 

1. Deposit of the original arbitral award under Article 32 (4); or
2. Application for setting aside an award to court under Article 36 (1).

(4)

IAn application for the recognition or enforcement of an arbitral award under Articles 37 through 39 shall fall under the jurisdiction of a court as prescribed in any of the following subparagraphs:

 

1. Court designated by an arbitration agreement;
2. Competent court of the place of arbitration;
3. Competent court of the place where a respondent's property is located; or
4. Competent court of the respondent's habitual residence or place of business or, if none of those can be found, his place of abode or, if it cannot be found, his last-known habitual residence or place of business.

 

 

 

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