SOUTH KOREA Law and Practice Contributed by: Eun Young Park, Zac Sharpe, Joon Won Lee and Yoo Lim Oh, Lee & Ko
• Other Procedural Powers: In the absence of party agreement, the tribunal shall determine the seat and language of the arbitration (Articles 21 (2) and 23 (1)). It may also decide whether to hold oral hearings or proceed on a documents-only basis (Article 25 (1)) and appoint experts (Article 27). • Power to Terminate the Proceedings: The tribunal must terminate the arbitral proceedings when it finds their continuation unnecessary or impossible (Article 33 (2)). • Power to Allocate Costs and Award Interest: The tribunal may determine the allocation of arbitration costs and award delay interest (Articles 34-2 and 34-3). 7.4 Legal Representatives Under Articles 24 and 24-2 (1) of the Foreign Legal Consultant Act, a foreign-licensed lawyer (regard - less of whether he or she is registered as a foreign legal consultant in Korea) may represent a party in an international arbitration case seated in Korea, provid - ed that the representation does not concern matters governed by the laws of Korea. For a foreign-licensed lawyer who is not a foreign legal consultant registered in Korea, Article 24-2 (2) of the same Act provides that, in principle, he or she shall not stay in Korea for 90 days or more in any year in connection with any arbitration matter. Apart from these restrictions, Korean law does not require particular qualifications for legal representa - tives to appear in domestic or international arbitra - tions seated in Korea. 8. Evidence 8.1 Collection and Submission of Evidence As a general matter, the parties may determine wheth - er to submit most of their documentary evidence at the outset or at a later stage of the proceedings. This freedom is subject to any procedural agreement between the parties. In addition, under its general authority to conduct the proceedings under Article 20 (2) of the KAA, the tribunal may require a party to iden - tify in advance the documents or evidence on which
it intends to rely, or produce specified documents or evidence within a prescribed period. The KAA does not provide for common law style dis - covery or disclosure in arbitration. Even where the seat is in Korea, however, the parties may agree to adopt document production procedures. Article 27.1 of the 2026 KCAB Rules expressly empowers the tribunal to order the production of documents or other evidence. In practice, the IBA Rules on the Taking of Evidence in International Arbitration are frequently adopted for this purpose. Ultimately, the tribunal determines the scope and manner of document production and whether any aspect of the agreed procedure is inconsistent with the mandatory provisions of Korean law. The KAA is otherwise silent on specific rules governing privilege, witness statements or cross-examination. These matters are generally governed by the parties’ agreement, any applicable institutional rules and the The KAA does not prescribe detailed rules governing the taking of evidence. Unless the parties have agreed on procedural rules, the KAA grants the tribunal broad discretion over evidentiary matters. This discretion includes the authority to determine the admissibility, relevance and weight of any evidence (Article 20 (2)), as well as to determine the evidentiary procedures appropriate for the arbitration. While Korean civil procedural law generally does not impose rigid restrictions on the admissibility of evi - dence, arbitral proceedings seated in Korea are not bound by the evidentiary rules governing domestic court proceedings. Accordingly, the tribunal may determine the applicable evidentiary standards and principles, taking into account the circumstances of the case, the applicable law and any applicable pro - cedural rules. As previously mentioned, the IBA Rules on the Taking of Evidence in International Arbitration are commonly adopted or used as guidance in international arbitra - tions seated in Korea. directions of the tribunal. 8.2 Rules of Evidence
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