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.