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The Commercial Arbitration Rules of the Korean Commercial Arbitration Board (2000)

  • As Amended by the Supreme Court on Nov. 16, 1989

    As Amended by the Supreme Court on Dec. 14, 1993

    As Amended by the Supreme Court on Aug. 5, 1996

    As Amended by the Supreme Court on April 27, 2000

    Chapter I. General Provisions

    Article 1 (Purpose)  

    The purpose of these Rules is to provide for procedures by The Korean Commercial Arbitration Board (hereinafter referred to as the "KCAB") to expedite fair commercial arbitration under the Arbitration Law.  

    Article 2. Types of Arbitration  

    Commercial arbitration mentioned in Article 1(hereinafter referred to as "Arbitration") shall be divided into Domestic Arbitration and International Arbitration. Domestic Arbitration refers to arbitrations in which the parties have their principal offices or permanent residences in the Republic of Korea, and International Arbitration refers to all arbitrations other than Domestic Arbitration as defined above.  

    Article 3. Secretariat  

    (1) The KCAB shall establish the Secretariat at its main office or branch offices to conduct business in connection with arbitration.

    (2) Matters concerned with system, function and operation of the Secretariat shall be separately determined by the KCAB.  

    Article 4. Panel of Arbitrators  

    The KCAB shall prepare and maintain a Panel of Arbitrators. The arbitrators, if they are to be appointed by the Secretariat, shall be appointed from among those in the Panel of Arbitrators in accordance with the provisions of these Rules  

    Article 5. Arbitration Tribunal  

    (1) For the purpose of settlement of dispute between the parties, one or more arbitrators appointed under the provisions of these Rules, shall constitute an Arbitration Tribunal (hereinafter referred to as "Tribunal").

    (2) The office of the Tribunal shall be set up in the main office or branch offices of the KCAB.  

    Article 6. Tribunal Clerk  

    (1) The KCAB shall designate one or more Tribunal Clerks(hereinafter referred to as "Clerk") from among the employees of the Secretariat so as to carry out the administrative affairs concerning each dispute for arbitration.

    (2) The Clerk shall execute the duties prescribed in these Rules with respect to the designated arbitration case.  

    Article 7. Representation  

    Any party may, in taking proceedings under these Rules, be represented by a counsel or such other person as shall be recognized to be proper. However, the Tribunal reserves the right to prohibit such representation when it is deemed to be improper.  

    Article 8. Closed Proceedings  

    The proceedings of the arbitration shall be kept confidential.  

    Chapter II. Agreement of Parties

    Article 9. Agreement of Parties  

    The parties shall be deemed to have made the provisions of the arbitration procedures of these Rules a part of their agreement whenever, in the submission of existing disputes or in a contract containing an arbitration clause, they have provided for arbitration by the KCAB or under these Rules.  

    Chapter III. Statement of Claim

    Article 10. Claim  

    (1) A person desiring to file a claim with the KCAB under these Rules shall submit the following documents to the Secretariat accompanied by the arbitration costs as provided in Chapter IX:  

    a) A document certifying agreement on arbitration;

    b) A power of attorney, in case the claim is made by an agent.  

    (2) The following matters shall be stated in the statement of claim:  

    a) The full names of the parties and their addresses(in case of corporations, the full names and addresses of the representatives shall also be stated);

    b) In case the Claimant is represented by an agent, the full name and address of the agent;

    c) The purport of the claim;

    d) The grounds for the claim and the method of proof.  

    Article 11. Acceptance and Notification of Statement of Claim  

    (1) The Secretariat shall, upon submission of a statement of claim, examine whether such claim is in conformity with the provisions of Article 10 and accept it upon confirmation of its conformity.

    (2) The Secretariat shall, upon acceptance of the statement of claim, give such notice to both parties. In this case, a copy of the statement of claim shall be served on the Respondent accompanied by such notice.  

    Article 12. Defence  

    (1) The Respondent may, within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration from the date of receipt of the notice in accordance with Paragraph (2) of Article 11 (hereinafter referred to as "Basic Date"), file a defence with the same Secretariat by submitting the following documents:  

    a) A statement of defence;

    b) The original or reproduced copy of documentary evidence, if any, proving the grounds stated in the said defence;

    c) A power of attorney, in case the said defence is made by an agent.  

    (2) The following matters shall be stated in the statement of defence provided in a) of Paragraph (1):  

    a) The full names of the parties and their addresses(in case of corporations, the full names and their addresses including the full names of representatives and their addresses shall also be stated);

    b) In case the Respondent is represented by an agent, the full name and address of the agent;

    c) The purport of the defence;

    d) The grounds for the defence and the method of proof.  

    (3) The Secretariat shall, upon receipt of the statement of defence, examine whether such defence is in conformity with the provision of Paragraph (2) of this Article, and upon confirmation of its conformity, accept it.  

    (4) The Secretariat shall, upon acceptance of the statement of defence, give notice to the same effect to both parties. In this case, a copy of the said defence shall be served on the Claimant.  

    (5) If no statement of defence is filed within the period provided in Paragraph (1) hereinabove, the Respondent is considered to have dismissed the claim.  

    Article 13. Number of Copies of Documents to be Submitted  

    The number of copies of the documents to be submitted under the provisions of Paragraph (1) of Article 10, and Paragraph (1) of Article 12(inclusive of the case where these provisions apply mutatis mutandis in Paragraph (3) of Article 14 and Paragraph (3) of Article 16) shall, except in case where such document is a power of attorney, be 5(including the original when it is so submitted); provided, however, that the Secretariat may, if it is deemed necessary, increase or decrease the number of copies of documents to be submitted.  

    Article 14. Counterclaim  

    (1) The Respondent may submit a counterclaim at any time during the arbitral proceeding. However, if a counterclaim is filed late in the proceeding and has an undue effect on the other party or delays the completion of the proceeding, then the Tribunal may, pursuant to the other party's request or at its own discretion, deny filing of such counterclaim.

    (2) The proceedings of the Respondent's counterclaim shall be annexed to the Claimant's request for arbitration.

    (3) The provisions of Article 10 through Article 13 shall apply mutatis mutandis to the acceptance of a counterclaim, its notice and the answer thereto.  

    Article 15. Request by Tribunal for Filing of Counterclaim  

    When the Tribunal decides that the Respondent's defence includes the grounds as well as the purport of a counterclaim, the Tribunal may request to the Respondent that a clarification be made as to whether such counterclaim would be filed as provided in Article 14.  

    Article 16. Amendment and Supplement of Claim and Defence  

    (1) A party or parties desiring, after filing of a statement of claim or defence, to amend or supplement the said statement, shall file such a request with the Secretariat in writing.

    (2) During the course of the arbitral proceedings, any amendments or supplement to claims shall be subject to the approval of the Tribunal. However, if the said amendments or supplement are filed late in the proceeding and have an undue effect on the other party or delay the completion of the proceeding, then the Tribunal may, pursuant to the other party's request or at its own discretion, deny filing of such amendments or supplement.

    (3) The provisions of Article 10 through Article 13 shall apply mutatis mutandis to the amendments provided in Paragraph (1).  

    Article 17. Fixing of Locale  

    The place of arbitration, in the absence of an agreement by the parties, shall be determined by the Secretariat considering the convenience of the parties and access to documentary evidence.  

    Article 18. Settlement by Conciliation  

    (1) The Secretariat shall, upon the receipt of a conciliation request from both parties within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration from the Basic Date, conduct conciliation proceedings before the dispute is presented for arbitration.

    (2) The conciliation proceedings shall be followed by the appointment of one or three conciliators by the Secretariat from among those in the Panel of Arbitrators. The Conciliator(s) shall have the discretion to determine the conduct and manner of the conciliation proceeding.

    (3) If the conciliation succeeds in settling the dispute, the conciliator shall be regarded as the arbitrator appointed under the agreement of the parties; and the result of the conciliation shall be treated in the same manner as such award as to be given and rendered upon settlement by compromise under the provision of Article 53, and shall have the same effect as an award

    (4) When the conciliation fails to settle the dispute within 30 days after the appointment of conciliator(s), the conciliation procedure shall come to an end and the arbitration procedure under these Rules, inclusive of appointment of arbitrator(s), shall commence immediately. However, the parties may extend the above period by mutual agreement.

    (5) The parties to the conciliation proceeding, in the absence of an agreement, shall each bear the conciliation costs.

    (6) Provisions of Arbitration Costs provided in Chapter IX shall be applied mutatis mutandis to the case of conciliation and when arbitral proceeding is commenced pursuant to Paragraph (4) of this Article, the conciliation costs shall be deemed part of the arbitration costs.  

    Chapter IV. Appointment of Arbitrators

    Article 19. Qualifications of Arbitrator  

    No person shall serve as an arbitrator if he has any legal or financial interest in the outcome of the arbitration, provided, however, that the parties can appoint such person as an arbitrator notwithstanding their knowledge of disqualification by mutual agreement in writing.  

    Article 20. Appointment by Agreement of Parties  

    (1) If, in the agreement of the parties, mention is specifically made of the names of the arbitrators or the method of appointment thereof (inclusive of a presiding arbitrator who shall act as chairman, also inclusive thereof as provided in the following provisions), the arbitrator(s) shall be appointed in accordance therewith.  

    (2) If the arbitrators are to be appointed pursuant to the agreement of the parties provided in Paragraph (2) of Article 12, it shall be done in accordance with the following subparagraphs:  

    a) When the parties have directly appointed arbitrator(s), a document stating the full name(s), address(es) and occupation(s) of the arbitrator(s) together with his/their written acceptance of assuming appointment shall be submitted to the Secretariat within 15 days from the Basic Date in case of Domestic Arbitration and within 30 days from the Basic Date in case of International Arbitration;

    b) The Secretariat shall, upon the request of any appointing party, submit a Panel of Arbitrators of the KCAB;

    c) If the agreement of the parties specifies a period of time within which arbitrator(s) shall be appointed, and any party fails to make the appointment thereunder within the fixed period, the Secretariat shall appoint the arbitrator(s);

    d) If a time period for appointing arbitrator(s) is not specified in the agreement, the Secretariat shall immediately notify the parties to make the appointment of arbitrator(s), and if within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration thereafter such arbitrator has not been appointed thereunder, the Secretariat shall appoint the arbitrator(s);

    e) In case arbitrators appointed by the parties in accordance with parties' mutual agreement are mandated to appoint the other arbitrator(s), and the parties do not fix the period of appointment for the other arbitrator or arbitrators do not appoint the other arbitrator within the period of appointment, the Secretariat shall notify arbitrators appointed by the parties to make an appointment of the other arbitrator and if within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration thereafter such arbitrator has not been appointed thereunder, the Secretariat shall appoint such arbitrator.  

    (3) If the parties have not appointed arbitrator(s) or have not provided the method of appointment as provided in Paragraph (1) of this Article, or if the Secretariat appoints an arbitrator(s) in accordance with c) and d) of Paragraph (2) of this Article, an arbitrator(s) shall be appointed by the Secretariat applying Article 21 mutatis mutandis.  

    Article 21. Appointment by Secretariat  

    (1) If, after the acceptance of a claim, there is no hope of settlement by conciliation or such conciliation proves unsuccessful as provided in Article 18, the Secretariat shall without delay furnish both parties with a list of several candidate arbitrators by choosing from among the Panel of Arbitrators.

    (2) Within 15 days from the date of receipt of the list in case of Domestic Arbitration, and within 30 days from the date of receipt of the list in case of International Arbitration, each party shall return to the Secretariat the list of such candidates as provided in Paragraph (1) after marking by number the order of his preference of the names of the candidates in the respective columns of the said list for a presiding arbitrator and the other arbitrators. If a party or parties fail to return the list within the above period, all of the candidates shall be deemed to be of the same preference and if more than two candidates are marked on the same order of preference or no particular order of preference is marked on candidate(s) or if the name(s) to which each party objects has been deleted, then the KCAB shall adjust the order of preference giving due consideration to the opponent's order of preference. The remaining names on the list shall be given the following order of preference: more than two candidates who have been marked on the same order of preference; candidate(s) for whom no particular order of preference is marked; and candidates who have been deleted.

    (3) The Secretariat shall select the arbitrators in accordance with the designated order of the candidates provided in Paragraph (2) and shall invite the written acceptance of each such arbitrator to serve. However, in the event that there are two or more candidates occupying the same place in the designated order, the Secretariat shall appoint the arbitrators from among the candidates.

    (4) If the candidates acceptable to both parties refuse to serve or are unable to perform their duties for any reasons, then candidates on the next order of preference on the candidate's list shall be appointed. If the list of candidates has been fully exhausted, then a new arbitrator shall be appointed pursuant to this Article.

    (5) When the Secretariat requests an acceptance to serve as arbitrator(s), it invites his/their attention to the requirements provided in Article 25 of these Rules and enclose a copy of these Rules.  

    Article 22. Restriction on Appointment of Arbitrators  

    In regards to arbitrator(s) to be appointed by the Secretariat, if the parties are nationals of different countries and/or are domiciled in different countries, the sole arbitrator or the presiding arbitrator shall, upon the request of either party, be appointed from among the nationals of a country other than that of any of the parties. However, the request for appointment of arbitrators provided in this Article shall be filed with the Secretariat no later than the return of the list of candidates provided in Paragraph (2) of Article 21.  

    Article 23. Number of Arbitrators  

    If the number of arbitrators is specified in the arbitration agreement, the disputes shall be heard and determined by the same number of arbitrators as so specified; if, however, there has been no agreement as such, the number of the arbitrators shall be determined as 1 or 3 by the Secretariat.  

    Article 24. Notice of Appointment of Arbitrators  

    If the arbitrators have been appointed pursuant to these Rules, the Secretariat shall without delay notify in writing all the arbitrator(s) and both parties of the full name(s), address(es) and occupation(s) of all the arbitrator(s).  

    Article 25. Disclosure by Arbitrator of Disqualifications  

    (1) Upon being notified of his appointment as an arbitrator, he shall immediately disclose in writing to the Secretariat any and all circumstances which might cause reasonable question about his fairness or independence.

    (2) Upon receipt of such disclosure of information as prescribed in Paragraph (1), the Secretariat shall immediately disclose it to both the Tribunal and the parties. If either party wishes to raise any objection to the appointment of such arbitrator(s), he or she shall make the challenge within 15 days from the date of the establishment of the Tribunal or from the date when the party making the challenge was informed of those circumstances provided in Paragraph (1) of this Article. But, if either party does not submit any objection within the above period, he can not submit any objection to the qualification of such arbitrator(s) on the same grounds.

    (3) If either party submits an objection to the appointment of such questioned arbitrator(s) on the ground of notified reason, the vacancy thus created shall be filled in the same method as provided in Article 26.  

    Article 26. Vacancy of Arbitrator  

    (1) If an arbitrator must resign from the appointed Tribunal because of resignation, death or other causes, the party which appointed the arbitrator shall appoint and notify thereof accordingly, a new arbitrator to take his place in the same manner of appointment as for the vacating arbitrator concerned. If the arbitrator was an appointee of the Secretariat, then the appointment shall be made, and duly notified, pursuant to Paragraphs (3) and (4) of Article 21.

    (2) In case of Paragraph (1), unless the parties have agreed otherwise, if both parties submit the conclusions of the previous hearing to the new arbitrator(s) and the new arbitrator(s) do not raise objections thereto, the proceeding shall continue. However, if the parties request a new hearing with regard to a witness from a previous hearing, the arbitrators must conduct the hearing.  

    Chapter V. Proceedings of Hearing

    Article 27. Time, Date and Place  

    (1) The Tribunal shall determine the time, date, place and manner of each arbitration hearing.

    (2) The Secretariat shall notify each party of decision provided in Paragraph (1) 10 days prior to the opening date of the hearing for Domestic Arbitration, and 20 days prior to the opening date of the hearing for International Arbitration unless the terms thereof have been modified by mutual agreement.

    (3) In determining the manner of hearings under the provisions of Paragraph (1) hereinabove, the Tribunal shall give sufficient consideration in order to prevent a delay of the proceedings through such ways as an intensive hearing, etc.  

    Article 28. Stenographic Record, etc.  

    (1) The Secretariat shall make necessary arrangements for the taking of a stenographic or tape record of statements by either party and/or testimony whenever such record is requested by one or both parties.

    (2) The requesting party or parties shall make an advance payment to the Secretariat of the expenses involved in such services referred to in Paragraph (1).

    (3) The expenses involved in the services provided in Paragraph (1) herein by order of the Tribunal shall be paid from the deposits made in advance by the party under Article 65.  

    Article 29. Presentation of Translation  

    Parties shall, upon request, present to the Secretariat or the Tribunal, translations of the written statements and evidentiary documents and/or other written materials which are requested by the Secretariat or the Tribunal.  

    Article 30. Interpretation or Translation  

    (1) The Secretariat shall make necessary arrangements for the services of interpretation or translation upon the request of one or both parties or by order of the Tribunal.

    (2) The requesting party shall deposit an advance payment to the Secretariat of the expenses involved in such services described in Paragraph (1).

    (3) The expenses involved in the services provided in Paragraph (1) herein by order of the Tribunal shall be paid from the deposits made in advance by the party under Article 65.  

    Article 31. Attendance at Hearings  

    (1) Parties are entitled to attend the hearing.

    (2) Persons not privy to arbitration, but who have an interest in the outcome of the arbitration award, may submit prima facie evidence of such interest to the Tribunal, and, subject to approval from the Tribunal, may attend the hearing.

    (3) The Tribunal may order any witness to retire during the testimony of another witness.  

    Article 32. Adjournments or Continuations  

    The Tribunal may, on justifiable grounds, take adjournments or change the date of hearing upon the request of both parties or on its own motion. However, the adjournment should be made within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration, not subject to renewal of second adjournment.  

    Article 33. Decisions of Tribunal  

    Whenever there is more than one arbitrator, simple majority rule shall apply for all decisions, including that of the arbitral awards, unless parties agree otherwise. However, if no majority rule is reached with regard to a procedural matter, then the presiding arbitrator shall decide.  

    Article 34. Hearing  

    (1) Statements and statements of defence containing the statements of claim and the form of presenting evidence may be submitted so that the hearing may be conducted by the Tribunal in a manner that will most expeditiously and accurately permit full presentation of the evidence and arguments of the parties.

    (2) The Tribunal, of its own motion or upon the request of the parties, may submit the summarized text of the statements and statements of defence submitted by the parties or summarize the text and present it to the parties for confirmation. In such case, the Tribunal may hear and award only such summarized issues.  

    Article 35. Proceedings of Hearing  

    (1) A hearing shall commence with the announcement of a case and both parties' names.

    (2) The Clerk shall keep and provide minutes of the proceedings, containing the following records:  

    a) Date and place of the hearing;

    b) The names of the arbitrator(s), the parties and their agents, and if witnesses are used, their names and addresses;

    c) The statements of the parties or their agents, or a summary of each hearing. However, unless otherwise instructed by the Tribunal with regard to the results of the examination of evidence, a recording may be used as a substitute.  

    (3) The Tribunal may, at the beginning of the hearing, ask for statements clarifying issues involved in the dispute.

    (4) The party requesting arbitration shall present his statement on the purport and grounds of the claims, and introduce documentary evidence and his witnesses. The Respondent shall present his defence, and introduce documentary evidence and his witnesses.

    (5) Exhibits, when produced by either party, may be accepted as evidence by the Tribunal, and the exhibits so accepted shall be filed in their numerical order by the Clerk and shall be made a part of the record.

    (6) The Tribunal may vary the procedure when it may be deemed necessary but the Tribunal shall afford full and equal opportunity to both parties for the presentation of any materials or relevant evidence.

    (7) If the parties repeatedly submit a series of statements to show cause of action or as legal defence as to cause undue confusion, the Tribunal may order the presentation of a summary of statements prior to the conclusion of the hearing.  

    Article 36. Parties' Lack of Care  

    If the party requesting arbitration fails to state a specific claim or present a reason or documentary evidence, which unduly hinders the arbitration proceeding, the Tribunal may close the hearings. The Tribunal may also close the hearings if the parties show lack of care in stating claims or presenting evidence, and it is deemed improper to proceed with the hearing.  

    Article 37. Arbitration in the Absence of Parties  

    (1) The arbitration may proceed in the absence of either party who, after due notice, fails to be present, and even if present, does not participate in the hearing.

    (2) In case of Paragraph (1), the documents or other evidence produced by the absent party or otherwise not participating in the hearing shall be deemed to have been orally stated or submitted thereat and the hearing necessary for making an award may proceed with a party present.

    (3) If the parties have been properly notified of the hearing but fail to attend the hearings two or more times, or even if the parties attend but fail to participate in the hearing, the Tribunal may declare a suspension of the arbitration proceedings.  

    Article 38. Withdrawal of Request for Arbitration  

    (1) The party requesting arbitration may withdraw, in part or in whole, the request for arbitration at any time prior to the arbitration decision.

    (2) Withdrawal of a request for arbitration shall not have effect if the other party has already submitted an answer or has made a statement during hearing.

    (3) Withdrawal of a request for arbitration shall be in writing. A written withdrawal of a request for arbitration must be dispatched after the other party has been notified of an acceptance of a request for arbitration. However, such request for withdrawal may be made orally during the hearing. However, if the other party does not attend the hearing at the designated date, then a duplicate copy of the hearing record must be dispatched to that party.

    (4) If a withdrawal of a request for arbitration is made pursuant to Paragraph (3) above, then the other party is deemed to consent to such withdrawal if no objection is raised within 15 days for Domestic Arbitration and 30 days for International Arbitration after either a written withdrawal has been submitted or when a duplicate copy of the hearing record has been duly dispatched.  

    Article 39. Filing of Statements and Other Documents  

    (1) The statements and other documents not filed with the Tribunal at the hearing, but arranged for filing at the hearings or subsequently by mutual agreement of the parties or at the request of the Tribunal shall be filed with the Secretariat, which, in turn, shall deliver them to the Tribunal. In such case, both parties shall be afforded opportunity to examine such documents.

    (2) The Tribunal may, at its discretion, continue with the hearing even if the statements and other documents were not filed by the designated date.  

    Article 40. Inspection or Investigation  

    Should the Tribunal deem it necessary to make an inspection or investigation, it shall, prior to making such inspection or investigation, direct the Secretariat to notify the parties of the purpose, time, date and place for such inspection or investigation. Any party who so desires, may present himself at such inspection or investigation.  

    Article 41. Interim Measure  

    (1) The Tribunal, with the application of any party, may issue to any party such orders as may be deemed necessary to safeguard the property which is the subject matter of the dispute without prejudice to the right of the parties or to the final determination of the dispute.

    (2) The Tribunal may, at its discretion, order any party applying for the interim measure to provide a proper security.  

    Article 42. Evidence  

    (1) The parties may offer any evidence they so desire to support their contention or request that any witness or expert witness voluntarily appear at the hearings. However, the Tribunal may refuse to investigate such evidence by finding there exists no relevancy between the evidence so produced and the contention of the parties concerned.

    (2) The Tribunal may, where it is deemed necessary, request the production of evidence or the voluntary appearance of a witness or an expert witness at the hearings. However, the Tribunal may, at its discretion, proceed with the hearing even if evidence has not been submitted and/or neither a witness nor an expert witness has appeared within the designated time.

    (3) In the event that the Tribunal is unable by itself to examine the evidence necessary for an arbitration award, the Tribunal may file an application with the competent court upon its own initiative or upon the request of any party.

    (4) All evidence shall be submitted and examined in the presence of all the parties, and sole arbitrator or the majority of the arbitrators, except where any of the parties is absent without sufficient reason or has waived his right to be present.

    (5) The Tribunal shall decide at his own discretion the relevancy and materiality of the evidence offered.  

    Article 43. Closing of Hearings  

    (1) The Tribunal shall, when it believes that all contentions and evidence of the parties have been put forth, declare the hearings closed.

    (2) If it is required that a summary of statements be submitted, the hearings shall be deemed to be closed as of the final date set by the Tribunal for the submission of the aforementioned documents.  

    Article 44. Reopening of Hearings  

    (1) The hearing may be reopened by the Tribunal on its own discretion, or upon application of a party for good cause, at any time before an award is rendered.

    (2) If the reopening of the hearing provided in Paragraph (1) would prevent the making of the award within the specific time agreed upon by the parties in the arbitration agreement, the hearings may not be reopened unless the parties agree upon the extension of such time limit.

    (3) When hearings are reopened, the closing date of the hearings shall be the date on which the proceedings of the reopened hearings were concluded.  

    Article 45. Arbitration without Oral Hearings  

    (1) The parties may, by written agreement, submit their dispute to arbitration to be conducted by means of documentary examination without oral hearings.

    (2) In case the parties have not agreed otherwise as to procedure, such arbitration shall be conducted under these Rules, except when such provisions are inconsistent with the provisions of this Article.

    (3) The Secretariat shall advise the parties to submit documents and evidence necessary for the proceeding of the above arbitration in such manner as provided in the following Paragraphs.

    (4) The parties shall submit to the Secretariat their respective contentions in writing, including a statement of facts and causes of action accompanied by evidence. These statements and proofs may be accompanied by briefs.

    (5) All the documents shall be filed within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration from the date of notice to submit such statement and evidence, in the number of copies requested by the Secretariat.

    (6) The Secretariat shall serve on each party a copy of the statement and evidence submitted by the other party. Each party may reply or explain his opinion to the other's statement and evidence. Any party who fails to make such a reply or explain his opinion within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration after the mailing date of such documents to him, shall be deemed to have waived the right to reply or explain his opinion.

    (7) The Secretariat shall transmit all the evidence and documents to the Tribunal, which shall have been constituted in any manner provided for in Chapter¥³. The Tribunal may request a party or parties to produce additional evidence within 10 days from the date of their delivery to it. The Secretariat shall notify the parties of such request and the party or parties shall submit such additional evidence within 15 days in case of Domestic Arbitration, and within 30 days in case of International Arbitration from the date of such notice.

    (8) The Secretariat shall transmit to each party a copy of the additional statement and evidence submitted by the other party. Each party may reply or explain one's opinions to such statement and evidence. Any party who fails to make such a reply or explain his opinion within 15 days in case of Domestic Arbitration and within 30 days in case of International Arbitration after the mailing of such documents to him, shall be deemed to have waived the right to reply or explain one's own opinions.

    (9) Upon delivery to the Tribunal of all documents submitted as provided in the preceding Paragraphs, the order of proceeding shall be deemed concluded.  

    Chapter VI. Special Provisions

    Article 46. Waiver of the Right to Protest  

    Any party who proceeds with the arbitration, with knowledge or being able to have known that any provision or requirement of these Rules has not been complied with, shall be deemed to have lost his right to object unless he states objection thereto without delay.  

    Article 47. Extensions of Period  

    The parties may modify any period prescribed under these Rules by a mutual agreement in writing. The Tribunal for good cause may extend any period established by these Rules except the period for making an award. The Tribunal shall notify the parties through the Secretariat of any such extension and reasons therefor.  

    Chapter VII. Award

    Article 48. Arbitral Award  

    (1) The award shall be rendered promptly unless otherwise agreed by the parties or specified by law, not later than 30 days from the date of closing the hearings.

    (2) Where the Tribunal is composed of more than one arbitrator and less than a majority of arbitrators refuse to partake in the arbitration decision or do not participate in the arbitration decision without just cause, the award shall be made by the remaining majority of arbitrators.

    (3) The Secretariat may, without affecting the arbitral award, present to the Tribunal its opinions on the form of the arbitral award.  

    Article 49. Form of Award  

    (1) The arbitral award shall be made in writing, stating the following particulars and shall be signed by the arbitrator:  

    a) The full personal or corporate names of the parties and their addresses. In case a party is represented by an agent, the full name and address of the agent;

    b) Principal and Reason upon which the award is based;

    c) Date of award;

    d) Place of arbitration.  

    (2) If an award is to be made by more than one arbitrator and less than a majority of the arbitrators refuse or fail to sign the award, the remaining arbitrators must specify the reasons on it and sign thereon.  

    Article 50. Language  

    The Korean language shall be used in the arbitral proceedings unless otherwise agreed by the parties. In case there has been a request submitted by one of the parties or both, or there is among the arbitrators a person of nationality other than that of Korea, the arbitral award may be written in both Korean and English languages and both versions shall be the duly authenticated arbitral award. However, when a discrepancy in interpretation has arisen between the two versions, interpretation by the Korean language shall prevail.  

    Article 51. Interpretation and Application of Rules  

    (1) The Tribunal in charge of the case shall interpret and apply these Rules insofar as they relate to the specific case.

    (2) In case of Paragraph (1), a difference arising among the arbitrators who are composing the Tribunal shall be decided by a majority rule.  

    Article 52. Scope of Award  

    (1) The Tribunal may not only order the specific performance of a contract but may also grant any remedy and relief which is deemed just and equitable within the scope of the arbitration agreement of the parties.

    (2) The Tribunal shall assess the arbitration costs provided in Chapter IX to the party or parties responsible.  

    Article 53. Arbitral Award based on Settlement  

    If the parties reach a settlement during the course of the arbitral proceedings, the Tribunal may, upon their request, record the agreed settlement in the form of an Award.  

    Article 54. Correction or Interpretation of Award and Additional Award  

    (1) The Tribunal may correct, by its decision, any error in computation, any clerical or typographical error, or any other obvious error of a similar nature in the arbitral award. In case such error can not be corrected by the Tribunal concerned, the Secretariat may correct that error.

    (2) If the parties request the interpretation of a specific point or any part of the award within the 30 days of receipt of the duly authenticated arbitral award, the Tribunal shall, if so agreed by the parties, decide on it within 30 days of receipt of the request.

    (3) The Tribunal shall make an additional award as to claims presented in the arbitral proceedings but omitted from the award within 60 days of receipt of the request by the parties.

    (4) All of the corrections, interpretations and the additional awards as provided in this Article shall form part of the award.  

    Article 55. Delivery of Arbitral Award  

    (1) The Secretariat shall deliver a duly authenticated arbitral award to each party or his agent in ways provided in Paragraph (1) through (3) of Article 4 of the Act. The original arbitral award shall be delivered to the competent court, enclosed with a document certifying the delivery.

    (2) Service under the provisions of Paragraph (1) may be conducted after all the arbitration costs provided in Chapter IX have been paid in full by the responsible party or parties to the Secretariat unless other circumstances arise.  

    Chapter VIII. Expedited Procedure

    Article 56. Scope of Application  

    The Expedited Procedure shall be applied to an arbitration case where both parties have agreed to follow the procedures provided in this Chapter in a separate agreement or to a Domestic Arbitration case of which the claim amount is less than 20,000,000 won in the Korean currency. In case of Domestic Arbitration of which the claim amount is less than 20,000,000 won, the increase of the claim amount after the Basic Date shall not be considered.  

    Article 57. Appointment of Arbitrator  

    The Secretariat shall appoint one arbitrator from among the Panel of Arbitrators without recourse to Article 21 of these Rules unless otherwise agreed by the parties.  

    Article 58. Proceedings of Hearing  

    (1) The Tribunal shall fix the time, date and place of the hearing, and the Secretariat shall notify each party of the above decision 3 days prior to the opening date of the hearing by person, by telephone, by letter or by any other appropriate method.

    (2) The hearing will be held in principle once. However, provided that it is deemed necessary, the Tribunal may reopen the hearing.

    (3) The Tribunal, in case of parties' mutual consent, may direct the Clerk to keep the record without the contents of hearing for the speediness of the procedure.

    (4) The Respondent may submit a counterclaim at any time up to the closing of the hearing.  

    Article 59. Award  

    (1) The Tribunal shall render the award not later than 10 days from the date of closing the hearings.

    (2) The Tribunal may, upon both parties' consent, omit writing the reasons in the award of Paragraph (1).  

    Article 60. Adaptation  

    The matters which are not prescribed in this Chapter shall be applied by other provisions of these Rules mutatis mutandis.  

    Chapter IX. Arbitration Costs

    Article 61. Costs of Arbitration  

    (1) The costs of arbitration comprise the fees, the expenses and the allowances as prescribed in Article 62 through Article 64 of these Rules.

    (2) The costs of arbitration prescribed in Paragraph (1) shall be borne by the parties in accordance with the apportionment fixed in the award. However, such arbitration costs shall be borne equally by the parties unless the award assesses such costs of arbitration or any part thereof against any specified party in the award.

    (3) Even where the proceedings shall be conducted only on the basis of the documents under Article 45, the provisions of this Article through Article 65 shall apply to the costs of arbitration.

    (4) Any interest incurred pursuant to the advance payment of the arbitration costs need not be refunded.  

    Article 62. Fees  

    (1) The fees shall be deposited in advance by the Claimant and divided into the administrative fee and the hearing date rescheduling fee; provided the Tribunal changes the date of hearing on its own initiative, the hearing date rescheduling fee will not be assessed.

    (2) In case the amount of claim is reduced by the change in the claim according to the provisions of Article 16, any differences in the administrative fee shall not be refunded.

    (3) The actual rate and the method of deposit, or the ratio and the method of refunds, for the fees shall be determined by the attached Fee Schedule. Fees not specified in the attached Fee Schedule shall be decided by the KCAB.  

    Article 63. Expenses  

    (1) All the expenses required for arbitration including the expenses of the arbitrators and Clerk, the expenses of any proofs produced, the expenses of witness or expert witness, the expenses of inspection, interpretation or translation, tape record, stenographic record or all transcripts thereof shall be deposited in advance by the party ordering such services.  

    (2) The expenses in Paragraph (1) if they accrued from such services as requested by the Tribunal, shall be deposited in advance by the Claimant unless otherwise specified.  

    Article 64. Allowances for Arbitrators  

    The allowances for the arbitrators fixed by the KCAB shall be deposited in advance by the Claimant.  

    Article 65. Method of Deposits, etc.  

    (1) The Claimant shall deposit in advance to the Secretariat at the time of the request the specified costs of arbitration provided in Article 62 through Article 64 in such currency as the Secretariat deems necessary.

    (2) In case such sums of advance payment provided in Paragraph (1) are deemed insufficient, the Secretariat may demand of the Claimant any additional sums of deposit. If the Claimant fails to pay in advance such deposits as provided in Paragraph (1) and (2) herein or the Respondent does not pay in lieu of the Claimant, the Tribunal may terminate the proceedings on its own decision.

    (3) The Secretariat shall prepare an Accounting Statement of the deposits when the hearing is closed, and the Balance Statement when the arbitral award is made. After delivery of the arbitral award enclosed with the Balance Statement, the Secretariat shall refund any balance to the parties concerned.  

    Supplementary Provisions

    (1) These Rules shall be put in force on and from January 1, 1990.

    (2) Any arbitration, the proceedings of which are being conducted at the time of enforcement of these Rules, shall be governed by the former Rules.

    Supplementary Provisions

    (1) These Rules shall be put in force on and from March 1, 1994.

    (2) The proceedings of arbitration which are being presented at the time of enforcement of these Rules may be governed by the former Rules.

    Supplementary Provisions

    (1) These Rules shall be put in force on and from September 1, 1996.

    (2) The proceedings of arbitration which are being presented at the time of enforcement of these Rules may be governed by the former Rules.

    Supplementary Provisions

    (1) These Rules shall be put in force on and from May 15, 2000.

    (2) The proceedings of arbitration which are being presented at the time of enforcement of these Rules may be governed by the former Rules.

    Schedule of fees

    (1) Fees  

    (2) Rules for the Refunding of the Fees  

    a) If the Secretariat is notified in writing that a case has been settled or withdrawn before the acceptance of statement of claim has been sent out, any fees paid in excess of £Ü50,000 will be refunded.

    b) If the Secretariat is notified in writing that a case has been settled or withdrawn thereafter but before the constitution of the tribunal, the remaining amount, excluding one third of the administrative fee in excess of £Ü50,000, will be refunded.

    c) If the Secretariat is notified that a case has been settled or withdrawn thereafter but at the latest 48 hours before the date set for the first hearing [in case of the fee for the proceedings of arbitration without oral hearings, before the date and time on which the first evidence and documents were delivered to the Arbitrator(s)], the remaining amount, excluding one half of the administrative fee in excess of £Ü50,000, will be refunded.