Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Korea in the 2018-2019 Arbitration Yearbook.
Arbitration News from Korea
Baker McKenzie International Arbitration Yearbook 2019-2020 – South Korea
SOUTH KOREA
Hyunyang Koo and Vaishali Sharma.
A. LEGISLATION AND RULES
South Korea has adopted a pro-arbitration legal framework that governs both domestic and international proceedings. International...
TPP: ISDS included in the final deal
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia,...
Arbitration News from Asia-Pacific
Hong Kong court upholds arbitral award challenged on grounds of lack of arbitration agreement...
Introduction
The only recourse for a party seeking to challenge a Hong Kong award is to apply to the Hong Kong Court of First...
Due Process Paranoia in International Arbitration: Singapore Court of Appeal Provides Useful Guidance to...
In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based on alleged breaches of “natural justice”...
Australia: COVID-19 – Will arbitration proceedings continue if a party becomes insolvent?
In brief
Even with the fiscal stimulus and other measures taken by the Federal and State governments in Australia, corporate insolvencies are likely to increase...
From litigation to arbitration – options for parties facing long trial waiting times in...
Parties to commercial litigation in the Hong Kong Court of First Instance (CFI) have been facing prolonged waiting times for their trials. The situation...
Singapore Court of Appeal provides guidance on running potentially inconsistent arguments in related proceedings
In brief
In BWG v. BWF, the Court of Appeal considered whether a party involved in multiple proceedings under a chain of contracts is permitted...
New Signatories to the New York Convention
On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention on the Recognition and Enforcement of...
The interaction between insolvency law and arbitration in Singapore
The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and...
Protection of foreign investments in Indonesia
Overview
Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), the investor may have access to claims...
The Show Must Go On: Alternative Dispute Resolution and Litigation During COVID-19 in Australia
Dispute resolution mechanisms are still open to resolve disputes in these unprecedented times. Various forms of Alternative Dispute Resolution (ADR), including mediation, are being...
