- Admissibility — Jurisdiction — Choice of counsel — Recognition and enforcement — International courts and tribunals, powers — Parallel proceedings
This chapter details the role of courts regarding counsel in an arbitration proceeding. Korean courts will generally only review whether a case should be subject to arbitration or court litigation before an arbitral tribunal has been constituted. After constitution, they will defer to the arbitral tribunal. This development, however, is a recent one. From here the chapter explores a tribunal’s negative competence-competence ruling, which may be subject to court review, as well as the capacity of the courts to provide some measure of interim relief. The chapter also discusses objections during court proceedings, as well as the source of legal fees.