The following Arbitration practice note provides comprehensive and up to date legal information covering:
The Getting the Deal Through (GtDT) guide for South Korea is presented in Q&A format. The questions are set out below. The guide for 2020 can be accessed here:
This guide, published by Getting the Deal Through, provides an introduction to arbitration in Korea covering the following topics:
laws and institutions, including:
is your country a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
do bilateral investment treaties exist with other countries?
what are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
what are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
what are the most prominent arbitral institutions situated in your
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions.The
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property Conditions (Second Edition) (the Second Edition), which was published in June 2004. It is intended to reflect the changes in law and
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful authority's consent for their own or another's use, or•knowing that any conveyance has been taken without such authority, drive it or allow
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