How to Request Arbitration
Necessary Documents
- Request for Arbitration
- Arbitration Agreement (substitutable by the relevant contract if it contains an arbitration clause)
- Supporting documents
- Certified copy of corporate registry (resident registry in case of individuals)
- Power of Attorney (if applicable)
- Advance on arbitration costs
No. of submission copies: three copies (sole arbitrator) or five copies (three arbitrators)
- Where the claimed amount for domestic arbitration is KRW 500 million or less, three copies; if more than KRW 500 million, five copies.
- No. of copies of documents allowing each copy to be provided to the arbitrator(s), Secretariat, and other party.
- Where there is a multiple number of Respondents, submit additional copies corresponding to the number of such Respondents. Where the Respondent is the government, submit one additional copy.
How to submit: in person or by mail
How to draft the Request for Arbitration
The Request for Arbitration shall provide the following details.
- The parties' names, addresses, and contact details
- The legal representative's name, address, and contact details
- The purpose of arbitration request
- The facts surrounding the cause of arbitration request and the subject matter of dispute
- How to Prove
- The details of cited arbitration agreement
The parties' names and addresses
- Please provide the names and addresses of the Claimant and the Respondent. (In case of corporation, please also provide the name and address of the representative/CEO of the corporation).
- Where there is a legal representative, please provide his/her name and address.
※When providing the personal details of the parties, please refer to the following matters.
In case of corporation－check whether the Respondent's company name, representative, and address are identical to the records in the corporation's registry
In case of individual－check whether the Respondent's name and address are identical to the records in the resident registry
In case of representative－check whether the representative's name and address are identical to the corporation's registry (or resident registry) as well as the scope of representation and whether it was properly delegated
The purpose of arbitration request
- This is a space to provide the core matters of arbitration request. By providing the concluding parts of the requested arbitration by the Claimant against the Respondent, this part becomes the arbitral decision's order. The purpose of request shall be stated simply and clearly.
- For example, where the request seeks the payment of certain amount, it can be stated as follows.
A. The Respondent shall pay to the Claimant *** Korean Won as well as the monetary amount of **% per annum in relation to the foregoing corresponding to a period from [Month/Date, Year] to the date of full payment.
B. The arbitration costs shall be borne by the Respondent.
The reasons for arbitration request
- This is a space to provide the factual and legal relationships for the reasons and causes of seeking the request purpose.
- There is no special form; please provide in accordance with 5W's and 1H. For the claimed amount, please clearly state the grounds of calculation and attach the supporting materials in order to obtain a favorable decision.
- All arguments need to be proved by the arguing party. Evidence needs to be identified clearly for each item.
- For the method of proof, list any clear evidence such as contracts, agreements, and letters, etc. Mark each evidentiary document submitted by the Claimant with the serial numbers in the list such as Gab No. 1, Gab No. 2, etc. and attach them to the back of the Request for Arbitration.
Date of preparation
Clamant's signature or seal
- The Claimant signs or stamps its seal at the end of the Request for Arbitration
- In case of submitting the representative's power of attorney, you may provide the representative's signature / seal along with the marking of "the Claimant's legal representative (representative's name)" in the Claimant section.
