Court’s intervention on arbitral tribunal’s jurisdiction: From the perspective of the Korean Arbitration Act (2016)

Abstract

Purpose

The purpose of this paper is to analyze provisions which are related to court’s intervention over an arbitral tribunal’s jurisdiction under the revised Korean Arbitration Act (2016) and the UNCITRAL Model Law.

Design/methodology/approach

The author studies a theory about court’s intervention over an arbitral tribunal’s jurisdiction by studying some scholarly writings and compares the revised provisions in the KAA (2016) with those in the KAA (2010) and the UNCITRAL Model Law (2006).

Findings

There is no clear and internationally unified answer to which theory between the prima facie test and the full review test is appropriate for court’s intervention to arbitration. The analysis of the provision shows that the revised ones in the KAA (2016) will make arbitration to be conducted faster and more efficiently by giving practical answers to issues raised.

Research limitations/implications

It has been just over one year since the KAA (2016) became effective, so it limits evaluation on whether these revised provisions related to court’s intervention over jurisdiction of arbitral tribunal is successful or not.

Originality/value

This study is comparatively new one after the KAA (2016) became effective. So, it is expected to provide a guidance for further studies.

Citation

Park, E. (2018), "Court’s intervention on arbitral tribunal’s jurisdiction: From the perspective of the Korean Arbitration Act (2016)", Journal of Korea Trade, Vol. 22 No. 4, pp. 322-332. https://doi.org/10.1108/JKT-03-2018-0027