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6 Arbitration Procedure

From: International Arbitration in Korea

Joongi Kim

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 November 2022

Witnesses — Arbitral agreements — Arbitral tribunals — Hearings — Conduct of proceedings — Production of documents — Preliminary objections

This chapter provides case studies on the issues that arise during the arbitration procedure. It first details a case surrounding a disagreement over the language to be used in the proceedings under the KCAB Rules, before turning to other general topics regarding the arbitration procedure. The chapter here covers cases that reflect the essential steps in any arbitration proceedings: providing proper notice, document production and evidence, hearings, objections, and interim measures. Notably, the chapter shows how the 2016 Arbitration Act provides more extensive provisions than the 2006 Model Law in the taking of evidence by courts on behalf of an arbitration proceeding. At the same time, the Act has also incorporated most of the provisions on interim relief in the 2006 Model Law.

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