International Arbitration Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Request for arbitration and notice to the respondent
2. 2Submission of answer and counterclaim
3. 3Objection to jurisdiction
4. 4Nomination of arbitrators and constitution of the tribunal
5. 5Challenge to an arbitrator
6. 6Case management conference and procedural timetable
7. 7Exchange of written submissions, evidence and hearings
8. 8Final award
9. 9Correction and additional award after the award; action to set aside; recognition and enforcement

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Ordinary procedure varies by case, so check through the procedural timetable and Secretariat guidance; under expedited procedure the award is made within 6 months after the tribunal is constituted; actions to set aside and recognition and enforcement procedures are separate

Cost

Arbitration costs consist of the filing fee (KRW 200,000 to KRW 2 million depending on the amount in dispute, non-refundable), the administrative fee (by amount in dispute, capped at KRW 150 million), and arbitrators' fees and expenses; unless otherwise decided, deposits are paid equally by the claimant and the respondent; final arbitration costs are in principle borne by the losing party, but the tribunal may allocate them otherwise; attorney fees, translation costs and court procedure costs are separate

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   When the request is received, the Secretariat notifies the respondent (International Arbitration Rules §8). Periods are counted from the day after the notice arrives, and if the last day is a holiday, the period runs to the next business day (§5.3). If something must be stopped urgently before the tribunal is constituted, you can apply for an emergency arbitrator. The emergency arbitrator decides within 15 days of being appointed, so it is used for matters that cannot wait for the tribunal to be constituted.

2. 2

   The respondent submits an answer within 30 days of being served the request (§9.1). A counterclaim is submitted together with the answer (§9.5). An extension is possible only if you submit an application for extension containing views on the number and appointment of arbitrators or a nomination of an arbitrator (§9.2). So if you are short of time, submit this application first within the deadline.

3. 3

   An objection to jurisdiction is raised by the time you submit the answer (or the answer to the counterclaim) (§26). If the tribunal exceeds its authority, object within 15 days of the date it occurred. If the deadline passes, you may lose the right to object, so review the validity and scope of the arbitration agreement before writing your answer.

   Current step
4. 4

   If there is no agreement on the number of arbitrators, a sole arbitrator is the rule (§11). If a sole arbitrator is agreed, the parties jointly nominate within 30 days after service; for a 3-member tribunal, if agreed, each side nominates 1 in the request and the answer, and if the Court decides on 3 members, each side nominates 1 within 15 days respectively (§12, §13). If you do not nominate, the Court appoints instead. Depending on the amount in dispute, expedited procedure (for agreements on or after the effective date, more than KRW 500 million and up to KRW 4 billion, award within 6 months after constitution of the tribunal) or simplified procedure (KRW 500 million or less, nomination within 5 days, award within 3 months) may apply, so first check the contract date and the amount.

5. 5

   A challenge to an arbitrator is filed within 15 days of receiving notice of the arbitrator's confirmation or appointment, or of the date you learned of the ground (§14.3). If the seat of arbitration is Korea and the challenge is not accepted, you can apply again to a Korean court within 30 days of receiving notice (Arbitration Act §14(3)).

6. 6

   The tribunal holds a case management conference and sets the procedural timetable, and the periods in the timetable can be modified after hearing the parties' views (§18.3, §18.4). So reflect the time needed for internal document collection, translation and witness preparation in the scheduling discussion. Mediation can be pursued in parallel at any time, and unless otherwise agreed, it can proceed at the same time as the arbitration (§16.6).

7. 7

   Under the procedural timetable, written submissions and evidence are exchanged and hearings are held (§19, §27, §31, §32). The deadline for further written submissions set by the tribunal does not exceed 45 days unless otherwise agreed or decided (§19.2). If the other party's claim or defense is clearly unsustainable, you can apply for an early determination (§36) as soon as possible after that claim or defense is made.

8. 8

   The draft award is submitted to the Secretary General within 60 days of the later of the final hearing date or the final written submission date, and the signed award is submitted within 15 days after review (§39.2). An award with its seat in Korea has the same effect as a final court judgment (Arbitration Act §35). The date you receive the award is the starting point for the deadlines for an additional award and an action to set aside, so record it right away.

9. 9

   Apply for correction of errors or interpretation of the award, or an additional award on omitted claims, within 30 days of receiving the award (§42.2, §43.1). If the seat of arbitration is Korea, you can file an action to set aside the award within 3 months of receiving the authenticated copy (Arbitration Act §36); if abroad, the law of that country applies. To enforce a foreign award in Korea, check whether the New York Convention applies and apply for recognition and enforcement (§39).

Frequently asked questions

Practical questions that come up right away in this procedure.

QHow is international arbitration different from domestic arbitration?

In a dispute with a foreign company, if there is an international arbitration clause, the case proceeds under the KCAB International Arbitration Rules. International arbitration proceeds according to a procedural timetable that the tribunal (the arbitrators handling the case) sets after a case management conference. If the parties have not agreed on the language of arbitration, the tribunal decides it considering the language of the contract, etc.Also, the court and method for challenging the award differ depending on where the seat of arbitration is. So first check the seat of arbitration in the arbitration clause.

QWhen do expedited procedure and simplified procedure apply?

Under the 2026 International Arbitration Rules, the threshold for expedited procedure depends on when the contract was made. For arbitration agreements made before the effective date, it is an amount in dispute of KRW 500 million or less.For agreements made on or after the effective date, it is more than KRW 500 million and up to KRW 4 billion. For agreements made on or after the effective date with an amount in dispute of KRW 500 million or less, simplified procedure applies.Simplified procedure does not apply to agreements made before the effective date. The amount in dispute is calculated by adding the amounts of the claim and the counterclaim.If the parties agree, it can apply regardless of the amount (except that simplified procedure excludes cases under agreements made before the effective date). Conversely, it does not apply if the parties agree not to apply it or the Secretary General considers it inappropriate.

QCan we urgently stop the other party's conduct before the tribunal is constituted?

You can apply for an emergency arbitrator. The application is accepted only after the administrative fee (KRW 5 million) and the emergency arbitrator's fee are paid in advance.The President of the Court appoints the emergency arbitrator within 2 days of receipt. The emergency arbitrator decides within 15 days of being appointed.However, if the tribunal is not constituted within 3 months of the measure being granted, the emergency measure loses its effect. So you must also proceed with the main request for arbitration and constitution of the tribunal.

QCan an arbitral award made abroad be enforced in Korea?

Yes, you can. Apply to a Korean court for recognition and enforcement. If the award is covered by the New York Convention (the treaty on recognition of foreign arbitral awards), the court decides under that Convention.If the New York Convention does not apply, the provisions of the Civil Procedure Act and the Civil Execution Act on recognition of foreign judgments apply mutatis mutandis. At this stage, the other party can dispute by citing grounds for refusing recognition and enforcement.

QIf the award goes against us, where do we dispute it?

If the seat of arbitration is Korea, file an action to set aside the arbitral award (the arbitrators' decision) with a Korean court within 3 months of receiving the authenticated copy of the award. If the seat is abroad, you must follow that country's law and courts. In Korean courts, you can dispute it only at the recognition and enforcement stage, when the other party tries to enforce it in Korea.The grounds for setting aside are limited to those set by law, such as invalidity of the arbitration agreement, procedural violations, and violation of public policy (social order and morals). So first review whether there were procedural defects.