Export Impact For Good

 
Countries / Territories

The KCAB's Administrative Rules for Arbitration under the UNCITRAL Arbitration Rules

  • Article 1

    Purpose

    (1) The purpose of these Rules is to provide for administrative services for arbitration under the UNCITRAL Arbitration Rules in accordance with the Paragraph (3) of Article 9 of the Commercial Arbitration Rules of the Korean Commercial Arbitration Board (hereinafter referred to as the "Board").

    (2) The proceedings of an arbitration administered under the preceding paragraph shall, as to matters not provided for in these Rules, be conducted in accordance with the provisions of the UNCITRAL Arbitration Rules.

    Article 2

    Appointing Authority

    When a request for arbitration has been submitted under these Rules and the Board has been designated by the agreement of the parties as the appointing authority, the Board shall perform the functions of the appointing authority as set forth in the UNCITRAL Arbitration Rules.

    Article 3

    Request for Arbitration and Acceptance Thereof

    (1) The party requesting the initiation of arbitral proceedings in a case described in Article 1, Paragraph (1) (hereinafter the "Claimant") shall submit to the Board a written request for arbitration setting forth the matters referred to in Article 3, Paragraph (3) and Article 18, Paragraph (2) of the UNCITRAL Arbitration Rules.

    (2) Arbitral proceedings shall be deemed to be initiated on the date on which the written request for arbitration referred to in the preceding paragraph is received by the Board.

    (3) The Board shall, where the written request for arbitration referred to in Paragraph (1) is in conformity with the provisions of Article 3, Paragraph (3) and Article 18, Paragraph (2) of the UNCITRAL Arbitration Rules and when the fees specified in Article 63 of the Commercial Arbitration Rules have been paid, give notice to the claimant and the other party (hereinafter the "Respondent") of its acceptance of the request for arbitration. The Board shall attach a copy of the written request for arbitration to the notice of acceptance given to the Respondent.

    (4) The provisions of the preceding three paragraphs shall apply mutatis mutandis to any counterclaim made by the Respondent.

    Article 4

    Withdrawal of Request for Arbitration

    (1) The Claimant may, within 30 days after the initiation of the arbitral proceedings and when no arbitrator has been appointed, withdraw the request for arbitration by giving written notice.

    (2) Except as provided in the preceding paragraph, the Claimant may withdraw the request for arbitration only with the written consent of the Respondent.

    (3) Withdrawal of the request for arbitration shall become effective when the written notice of withdrawal and, in the case mentioned in the preceding paragraph, the Respondent's written consent thereto reach the Board.

    Article 5

    Secretariat and Clerk-in-Charge of Administrative Services

    (1) The Board shall, promptly after accepting a request for arbitration, designate one of its offices as the secretariat in charge of administrative services and give each party, together with the notice of acceptance under Article 3, Paragraph (3), notice thereof.

    (2) The Board shall, when the arbitral tribunal has been constituted, designate one of the personnel of the Board as the clerk in charge of the clerical affairs of the arbitral tribunal (hereinafter the "clerk-in-charge") and give each party and the arbitral tribunal notice thereof.

    Article 6

    Communications

    (1) Except at hearings, communications between the arbitral tribunal and a party and communications between the parties shall be done in writing through The Board.

    (2) The communications referred to in the preceding paragraph shall, notwithstanding the provisions of Article 2 of the UNCITRAL Arbitration Rules, be deemed to have been received by the addressee when received by the Board.

    Article 7

    Cooperation Concerning Hearings and Other Meetings

    (1) The Board shall, upon request of the arbitral tribunal, cooperate with the arbitral tribunal in the coordination of scheduling for determining the time and place of hearings and other meetings, in the preparation of the hearing room and in other matters necessary for the conduct of the arbitral proceedings.

    (2) If facilities other than those provided by the Board are used for a hearing, the parties shall bear the expense thereof.

    Article 8

    Taking of Minutes of Hearing

    (1) The clerk-in-charge shall, for each hearing date, take minutes setting forth the date, time, place, and names of those attending the hearing as well as a summary of the hearing and shall keep such minutes at the Board. The clerk-in-charge may, subject to the permission of the arbitral tribunal, make tape-recordings or video-recordings of hearings.

    (2) The clerk-in-charge shall, when the arbitral tribunal has so ordered or a party has so requested, arrange for the making of a stenographic transcript. Such an order or request shall, in principle, be made not less than 21 days before the date of a hearing at which stenography is required.

    (3) The expense of making a stenographic transcript shall, where it is by order of the arbitral tribunal, be borne one half each by the Claimant and the Respondent or, where it is at a party's request, be borne by the requesting party. The arbitral tribunal may, however, in view of the circumstances, revise such shares of burden.

    (4) The expense of making a stenographic transcript shall not be included in the administrative fee.

    Article 9

    Language and Interpretation/Translation

    (1) The language or languages to be used in the arbitral proceedings shall be Korean or English or both of them, the arbitral tribunal shall, except where the parties have agreed on one or both of these languages, promptly determine the language or languages to be used. The arbitral tribunal shall, when so determining, take into consideration whether interpretation or translation will be required and how the burden of the expense thereof will be allocated.

    (2) Arbitral proceedings conducted, prior to the determination of language or languages under the preceding paragraph, in a language other than the language finally decided upon shall remain valid notwithstanding the 2nd sentence of Article 17, Paragraph (1) of the UNCITRAL Arbitration Rules.

    (3) The clerk-in-charge shall, when the arbitral tribunal has so ordered or a party has so requested, arrange for interpretation. Such order or request shall, in principle, be made not less than 21 days before the day when interpretation is required.

    (4) The expense of interpretation shall, where it is by order of the arbitral tribunal, be borne one half each by the Claimant and the Respondent or, where it is at a party's request, be borne by the requesting party. The arbitral tribunal may, however, in view of the circumstances, revise such shares of burden.

    (5) The expense of interpretation shall not be included in the administrative fee.

    (6) The provisions of the preceding two paragraphs shall apply mutatis mutandis to the translation of documents.

    Article 10

    Service and Deposit of Award

    (1) The Board shall serve authenticated copies of the award upon the parties by hand delivery, by certified registered mail, or by any other method recognized by law.

    (2) Service under the preceding paragraph shall take place after the appropriate fees and costs, stipulated in Article 11 have been paid.

    (3) The Board shall, promptly after serving authenticated copies of the award, deposit the original text thereof with the competent court together with certificates of service.

    Article 11

    Fees and Costs

    (1) The Claimant shall, at the time of requesting the initiation of arbitral proceedings, pay the fees to the Board in accordance with the fees specified in Article 63 of the Commercial Arbitration Rules. This shall also apply where the Respondent makes a counterclaim.

    (2) A party applying for alteration of the date, time, or place of a scheduled hearing shall pay the hearing date alteration fee to the Board for each alteration at the time of such request.

    (3) Notwithstanding the provisions of Article 41, Paragraphs (1) and (2) of the UNCITRAL Arbitration Rules, the Board may, as necessary, request either or both of the parties to pay all or part of the fees and costs in advance.

    (4) If a party fails to pay the fees or costs stipulated in the preceding three paragraphs, the arbitral tribunal may suspend or terminate the arbitral proceedings. However this shall not apply if the fees and costs that should have been paid by the party are paid by the other party.

    (5) When terminating the arbitral proceedings, the arbitral tribunal shall, in addition to fixing the amounts of the various costs referred to in Article 38 of the UNCITRAL Arbitration Rules, fix the amounts of the fees and the costs stipulated in these Rules as well as determining the party to bear such amounts or the manner in which the burden of such amounts should be allocated. Notwithstanding the provisions of Article 41, Paragraph (5) of the UNCITRAL Arbitration Rules, the Board shall make an accounting of fees and costs paid in advance and, if there is an unexpended balance, refund same to either or both of the parties.

    Article 12

    Other Services

    The Board may, upon request of the arbitral tribunal or the parties, provide such services, other than those referred to in the preceding articles, as may be deemed appropriate by the Board.