Jurisdiction(s):
United Kingdom

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Recognition, enforcement and setting aside of arbitral awards in South Korea: procedures, refusal grounds, costs and key case law

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines how arbitral awards are recognised and enforced in South Korea. Note: Korean court judgments cited in this Practice Note are not reported by LexisNexis® UK.

Arbitral awards enforceable in South Korea

Introduced in 1966, the Korean Arbitration Act (KAA) provides the statutory basis for enforcing arbitral awards in South Korea. The KAA was revised in 1999 to incorporate the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law). On 30 November 2016, further amendments took effect, implementing the 2006 updates to the Model Law. South Korea acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 1973.

Under the KAA, three categories of awards are enforceable in South Korea (KAA, arts 37.1, 38–39):

foreign arbitral awards to which the New York Convention applies
foreign arbitral awards to which the New York Convention does not apply
domestic arbitral awards

The 2016 revisions to the KAA also permit the enforcement of interim measures issued in arbitral proceedings governed by the KAA, that is, arbitrations seated in South Korea—see Practice...

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Hye Sung Kim

Kim & Chang

Hye Sung Kim is an attorney in the firm's International Arbitration & Cross-Border Litigation Practice. Ms. Kim represents both domestic and international clients in various cross-border disputes and has extensive experience in cross-border litigations, and international arbitration cases administered by ICC, LCIA, LMAA, SIAC, KCAB and AAA. Her recent work includes representing world's leading companies and Korean companies in multinational disputes in litigation and arbitration involving China, Korea, Japan, UK, US, France, Netherland, Norway, Germany, Australia, Italy and Canada. The disputed matters include issues related to construction, sales, insurance, reinsurance, shipbuilding, hedge trading and intellectual property. Ms. Kim has been recognized by several leading legal directories, including Benchmark Litigation Asia-Pacific where she was named a 'Future Star' in Commercial and Transactions as well as in International Arbitration in 2018. The Legal 500 Asia Pacific also listed her as a 'Next Generation Lawyer' in...

Web page updated on 22/05/2026

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