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7 The Role of Courts and Law Regarding Counsel

From: International Arbitration in Korea

Joongi Kim

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2020

Subject(s):
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.

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