Jurisdiction(s):
United Kingdom

Challenging Arbitral Jurisdiction in Korea: Court and Tribunal Powers, Set-Aside and Enforcement, and the Availability of Anti-Arbitration and Anti-Suit Injunctions

Published by a LexisNexis Arbitration expert

Practice notes

Introduction

Korea has developed into an emerging arbitration hub in Northeast Asia over the past two decades, enjoying a well-earned status as an arbitration-friendly venue. The Korean Arbitration Act (KAA) provides the statutory backbone for arbitration in Korea. First enacted in 1966, it was comprehensively revised in 1999 to align with the UNCITRAL Model Law 1985, later adjusted in part to reflect the updates introduced by the UNCITRAL Model Law 2006, and amended again in 2020 to incorporate revisions arising from the Arbitration Industry Promotion Act. As one of the earliest Asian adopters of the UNCITRAL Model Law on International Commercial Arbitration, Korea has built a dependable legal regime for arbitral proceedings, making it a reliable place for arbitration in Korea. Korean courts are widely viewed as supportive of arbitration, upholding arbitration agreements between the parties and exercising restraint in interfering with the conduct of tribunals. In addition, the bases for setting aside an award, or declining to enforce one, are interpreted very narrowly. Accordingly, in this regard, Korean courts have only in a very limited number of matters declined to recognise and enforce foreign arbitral awards...

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Mino Han

Peter & Kim

Mino Han has acted as counsel in various international arbitrations conducted under the auspices of the ICC, SIAC, KCAB or JCAA. Mino specializes in construction and engineering disputes. The relevant projects underlying the disputes were each based in the Middle East, Asia, Eastern Europe, Africa or Latin America and concerned the design and construction of combined cycle power plants, solar power production facilities, refineries, high-rise buildings, convention centres and infrastructure facilities. Mino has also vast experience in representing contractors in Korean court or KCAB domestic arbitration proceedings. He also regularly advises clients on issuing or defending claims arising out of standard form contracts including the FIDIC Suite of Contracts.Mino majored in law at Seoul National University (LL.B., 2006), after which he passed the Korean Bar Exam in 2006 and qualified as Korean lawyer in 2009. He also received a Master of Laws degree in...

Web page updated on 21/05/2026

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