SOUTH KOREA Law and Practice Contributed by: Eun Young Park, Zac Sharpe, Joon Won Lee and Yoo Lim Oh, Lee & Ko
ed to non-signatories based on their role within the same corporate group. However, a non-signatory may be bound where there is a specific legal basis under the applicable law, such as assignment of contractual rights, subrogation, or universal succession (including through merger or inheritance), an arbitration clause in a framework agreement intended to cover related contracts, or piercing of the corporate veil. Korean courts and tri - bunals applying Korean law would assess this on a case-by-case basis, considering the wording of the arbitration agreement, the contractual structure, and the circumstances surrounding the conclusion and performance of the relevant contracts. These princi - ples are not limited to domestic third parties, and a foreign non-signatory may also be bound if the appli - cable law permits such extension. Under Article 18 (1) of the KAA, unless otherwise agreed by the parties, a tribunal may, at the request of a party, grant interim measures it considers nec - essary. Article 18 (2) provides that these are tempo - rary measures issued before the final award. Such measures may include orders to maintain or restore the status quo, prevent existing or imminent harm or prejudice to the arbitral proceedings, preserve assets against which an award may be enforced, or preserve evidence that may be relevant and material to the dis - pute. For interim measures other than those for preserv - ing evidence, Article 18-2 (1) requires the applicant to establish prima facie that, without the measure, it may suffer harm that cannot adequately be compensated by damages and that this harm substantially out - weighs the harm likely to be caused to the opposing party. The applicant must also establish a reasonable possibility of success on the merits, although the tri - bunal is not bound by that assessment when deciding the merits. For evidence-preservation measures, Arti - cle 18-2 (2) allows the tribunal to apply these require - ments only to the extent it considers appropriate. 6. Preliminary and Interim Relief 6.1 Types of Relief
Interim measures ordered by the tribunal are binding, and Article 18-7 of the KAA allows Korean courts to recognise and enforce them. The tribunal may also modify, suspend or terminate an interim measure under Article 18-3, require security from the appli - cant under Article 18-4, require disclosure of mate - rial changes in circumstances under Article 18-5, and award costs and damages under Article 18-6 if the measure is later found to have been unjustified. 6.2 Role of Courts Under Article 10 of the KAA, a party to an arbitration agreement may request interim measures of protec - tion from a court before or during arbitral proceedings. Article 2 (1) of the KAA provides that Article 10 applies even where the seat of arbitration has not yet been determined or is outside Korea. Accordingly, Korean courts may grant interim relief in aid of foreign-seated arbitrations. Korean courts may grant the provisional remedies generally available under Korean civil procedure and enforcement law, principally provisional attachment and provisional injunctions. In addition, under Article 18-7 of the KAA, Korean courts may recognise and enforce interim measures issued by tribunals, subject to the grounds for refusal set out in Article 18-8. The KAA itself does not provide for emergency arbitra - tors. Emergency arbitrators may, however, be avail - able under applicable institutional rules, including the 2026 KCAB Rules. Under Appendix 3 of the Rules, a party may apply for emergency measures before the tribunal is constituted. An emergency arbitrator may grant any emergency measures considered appropri - ate by way of an order or interim award. Such meas - ures are binding on the parties but do not bind the tribunal, which may approve, modify, suspend or ter - minate them once constituted. The appointment of an emergency arbitrator does not preclude a party from seeking interim relief from Korean courts. 6.3 Security for Costs The KAA does not expressly empower courts or tri - bunals to order security for costs in arbitral proceed - ings. It does, however, authorise tribunals to require security in connection with interim measures. Under Article 18-4, a tribunal may require a party requesting
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