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Revision of KCAB Domestic Arbitration Rules (Effective March 1, 2025)

2025.08.04

The Domestic Arbitration Rules of the Korean Commercial Arbitration Board (the “KCAB”) apply if the parties have agreed in writing either to resolve disputes under these rules or to refer their disputes to arbitration before the KCAB, provided that the arbitration is domestic.

This revision responds to user feedback and focuses on introducing electronic arbitration and enhancing procedural efficiency. The revised Domestic Arbitration Rules (the “Revised Rules”) apply to arbitrations filed with the KCAB on or after March 1, 2025.
 

1.

Introduction of Electronic Signatures and Expanded Use of Electronic Means

The Revised Rules add a new definition to clarify that the word “signature” includes electronic signatures (Article 2, Item 6). Under the previous rules (the “2016 Rules”) (effective from November 30, 2016), notices and submissions via electronic means (e.g., email) were permitted only with the recipient’s consent. The Revised Rules now allow such electronic communications to be treated as equivalent to written submissions even without explicit consent from the recipient (Article 7 (1)).
 

2.

Enhancing Procedural Speed and Efficiency

The 2016 Rules required all communications between the parties and the tribunal to be routed through the Secretariat. The Revised Rules limit this requirement to the period before the tribunal is constituted. After its constitution, parties may communicate directly with each other or with the tribunal (Article 7 (5)). Additionally, Article 14-2 has been newly introduced, allowing multiple claims arising from several contracts to be consolidated into a single arbitration, provided that all contracts include arbitration agreements that are deemed identical and that the claims arise from the same or continuous transactions. In such cases, one may submit one request for arbitration with respect to claims arising out of multiple contracts.
 

3.

Adjustment of Administrative Fees

Administrative fees must be paid by the claimant (and respondent, if a counterclaim is filed) in accordance with the fee schedule in the appendix of the Domestic Arbitration Rules of the KCAB. The fee schedule had remained unchanged for nearly 20 years. The Revised Rules update the fees and abolish the previous cap of KRW 150 million.
 

Fee Schedule Under Revised Rules

Amount in Dispute (KRW)

Administrative Fees (KRW)

50 million or less

2% (Minimum: 100,000)

More than 50 million and less than 100 million

1 million + [claim amount – 50 million] * 1.5%

More than 100 million and less than 5 billion

1.75 million + [claim amount – 100 million] * 0.75%

More than 5 billion and less than 10 billion

38.5 million + [claim amount – 5 billion] * 0.25%

Over 10 billion

51 million + [claim amount – 10 billion] * 0.2%

Unquantified claim

1 million

 

This revision aims to provide greater convenience to parties seeking to resolve disputes through arbitration. Notably, the introduction of conducting arbitration proceedings by electronic means aligns with the global trends toward digital dispute resolution. The streamlined communication process and ability to consolidate multiple disputes are also expected to enhance the efficiency of arbitration, helping to position arbitration as a more practical and competitive alternative dispute resolution method for domestic parties.

 

[Korean Version]

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