SUBMISSION TO ARBITRATION, 중재 제출, 영문 계약서

SUBMISSION TO ARBITRATION

 

We the undersigned parties, hereby agree to submit the below dispute to the Korean Commercial Arbitration Board for arbitration in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board and under the Law of Korea with impeccable understanding that the arbitral award to be rendered on the dispute shall be final and binding upon all the parties concerned.

(1)         Points of Dispute : [•]

(2)         Further Reference : Number of Arbitrators desired (one [•]   three [•])

Party (A)                       Party (B)

 

Enclosure ; A power of attorney in case where the submission is made by an agent

 

(1)         Association and the Japan Commercial Arbitration Association Agreement between the Korean Commercial Arbitration

 

“All disputes that may arise under or in relation to this contract shall be submitted to arbitration under the Commercial Arbitration Rules of (a) the Korean Commercial Arbitration Association if the arbitration is to be held in the Republic of Korea or (b) the Japan Commercial Arbitration Association if the arbitration is to be held in Japan.

 

If the place of arbitration is not so designated by the parties or is not agreed by them within [•] days from the date on which a demand for arbitration is received by either of the Associations from either party, the place of arbitration shall be the country of the Respondent(s). Provided that both Associations may agree, on the application of either party to either of the Associations, that the place of arbitration shall be the country of the Claimant(s), such agreement between the Associations being binding upon both parties.  Failing such agreement between the Associations within 28 days from the date of the said application, the place of arbitration shall be the country of the Respondent(s)”.

 

1.       When either of the Associations has received from a party to a contract including the arbitration clause contained in Article 1 hereof, a demand for arbitration in accordance with the said arbitration clause, it shall immediately transmit a copy of such demand to the other party and to the other Association and shall notify the party demanding arbitration accordingly.

 

2.       If an application as aforesaid is received for the arbitration to be held in the Claimants’ country, both Associations shall, in coming to their decision, take into account all relevant circumstances, for example, if perishable goods are concerned, which country would be more convenient for a speedy examination thereof.

 

(2)         Agreement between the Korean Commercial Arbitration Association and the American Arbitration Association to Facilitate the Use of Commercial Arbitration in Trade between the Republic of Korea and the United States of America.

 

“ All disputes, controversies or differences which may arise between the parties, out of or in relation to or in connection with its contract, or for the breach thereof, shall be finally settled by arbitration pursuant to the U.S.- Korean Commercial Arbitration Agreement, dated December 1, 1974, by which each party hereto is bound.”

 

The terms of the agreement referred to in this clause are as follows :

 

1)       Arbitration to be held in the Republic of Korea shall be conducted under the rules of the Korean Commercial Arbitration Association; arbitration to be held in the United Stated of America shall be conducted in accordance with the rules of the American Arbitration Association.

 

2)       If the place where the arbitration is to be held is not designated in the contract, or the parties fail to agree in writing on such place the party demanding arbitration shall give notice to the Arbitration Association of the country in which the party resides.  That Association shall notify the parties that they have a period of about 14 days to submit their arguments and reasons for preference regarding the place to a Joint Arbitration Committee of three members, two appointed by the respective Associations, and the third, to act as Chairman, to be chosen by the other two.  The third member shall not be a member of either Association.  The seats of the two Committee shall be in Seoul and in New York.  The determination of the place of arbitration by the Joint Arbitration Committee shall be final and binding upon both parties to the controversy.

 

3)       The Association each agree to establish such International Panels of Arbitrators as may be necessary to carry out the provisions of this agreement and to advise each other of the personnel of these panels.

(3)        Agreement between the Korean Commercial Arbitration Association and the Commercial Arbitration Association of the Republic of China

 

“All disputes that may arise under or in relation to this contract shall be submitted to arbitration under the Commercial Arbitration Rules of (a) the Korean Commercial Arbitration Association if the arbitration is to be held in the Republic of Korea or (b) the Commercial Arbitration Association of the Republic of China if the arbitration is to be held in the Republic of China.

 

If the place of arbitration is not so designated by the parties or is not agreed by them within 28 days from the date on which a demand for arbitration is received by either of the Associations from either party, the place of arbitration shall be the country of the Respondent(s). Provided that both Associations may agree, on the application of either party to either of the Associations, that the place of arbitration shall be the country of the Claimant(s), such agreement between the Associations being binding upon both parties, Failing such agreement between the Associations within [•] days from the date of the said application, the place of arbitration shall be the country of the Respondent(s).” 

 

(4)        Agreement between the Korean Commercial Arbitration Board and the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia)

 

  “All disputes, controversies or differences which may arise between the parties, out of or relating to this contract, shall be finally settled by arbitration.  The place of arbitration shall be, unless otherwise agreed between the parties, the country in which the respondent resides.  In case the respondent is a Korean enterprise, the arbitration-shall be held at the Korean Commercial Arbitration Board under the Commercial Arbitration Rules thereof.  In case the respondent is an Indonesian enterprise, the arbitration shall be held at the Indonesian National Board of Arbitration under the Rules of Arbitral Procedure thereof.”

 

(5)         Agreement between the Korean Commercial Arbitration Association and the Netherlands Arbitration Institute

 

“All disputes, controversies, or differences which may arise between the parties, out of or in relation to or in connection with this contract, or the breach thereof, shall be finally settled by arbitration pursuant to the Netherlands – Korean Trade Arbitration Agreement, of 1978 by which each party hereto is bound”.

 

The terms of the agreement referred to in this clause are as follows:

 

1.       Arbitration to be held in the Netherlands shall be conducted under the rules of the Netherlands Arbitration Institute; arbitration to be held in Korea shall be conducted under the rules of the Korean Commercial Arbitration Association.

 

2.       The place where the arbitration is to be held should be designated in the contract or later agreed upon by the parties in writing.  When the parties fail to reach an agreement on such place, the following procedure will apply :

 

a)    The party demanding arbitration will inform in writing the Institute or the Association at his option, submitting all arguments and reasons for preference regarding the place of arbitration.

b)    The arbitration body approached will send a copy of the letter mentioned under a) to the other party, giving him an opportunity to put forward all his arguments and reasons for his preference within thirty [•] days upon his receipt of such notice. The arbitration body approached will at the same time inform the other arbitration body, sending a copy of the letter mentioned under a) as well.

c)    After the period mentioned under b) the arbitration body first approached will decide the place of arbitration, whose decision shall be final and binding upon the parties, unless one of the parties expresses his wish that a special committee will be set up to make this decision.

d)    In that case this committee shall consist of three members, one appointed by the Institute and one by the Association; the third, to act as chairman, shall be chosen by the other two.  The third member shall be of a nationality other than any one of the parties.  The decision of the place of arbitration by the committee shall be final and binding upon both parties to the controversy.

 

(6)         Agreement between the Korean Commercial Arbitration Board and the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry

 

“All disputes, controversies of differences which may arise between the parties, out of , relating to or in connection with this contract shall be finally settled by arbitration.  The place of arbitration shall be the country in which the respondent has its place of business.  In case the respondent is a Korean physical or legal person, the arbitration shall be held at the Korean Commercial Arbitration Board under the Commercial Arbitration Rules thereof.  In case the respondent is a Bulgarian physical or legal person, the arbitration shall be held at the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry under the Rules thereof.  The award to be rendered shall be final and binding upon both parties.”

 

(7)         Agreement between the Korean Commercial Arbitration Board and the Hungarian Chamber of Commerce

 

  “All disputes, controversies of differences which may arise between the parties out of or relating to this contract, shall be finally settled by arbitration. The place of arbitration shall be, unless otherwise agreed between the parties, the country in which the respondent has its place of business.  In case the respondent is a Korean physical or legal person, the arbitration shall be held at the Korean Commercial Arbitration Board under the Commercial Arbitration Rules thereof.  In case the respondent is a Hungarian physical or legal person, the arbitration shall be held at the Court of Arbitration of the Hungarian Chamber of Commerce under the Rules of Procedure thereof.”

 

 10 Submission to Arbitration.doc