Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-22T16:58:45.571Z Has data issue: false hasContentIssue false

7 - Might There Be a Future for Multi-tiered Dispute Resolution in Korea?

Challenges and Prospects

from A - General Trends

Published online by Cambridge University Press:  09 December 2021

Anselmo Reyes
Affiliation:
Singapore International Commercial Court and Doshisha University, Kyoto
Weixia Gu
Affiliation:
The University of Hong Kong
Get access

Summary

This chapter examines the state of the use of multi-tiered approaches to the resolution of disputes related to Korea, particularly from a cross-border context. Unlike in other jurisdictions in Asia, multi-tiered clauses do not appear to be the preferred choice for dispute resolution for Korean parties. Med-arb, arb-med, or med-arb-med, where the combination of mediation and arbitration are sequentially carried out, sometimes by the same person in some jurisdictions, still remain uncommon in Korea. This is consistent with the fact that, relative to non-adjudicative approaches to resolve disputes such as negotiation and mediation, the use of adjudicative approaches such as litigation or arbitration remain the preferred options. Mediation remains a relatively underdeveloped alternative dispute resolution method for both domestic and international disputes. This chapter explores state of the use of multi-tiered dispute resolution by providing an overview of dispute resolution in Korea.

Type
Chapter
Information
Multi-Tier Approaches to the Resolution of International Disputes
A Global and Comparative Study
, pp. 161 - 181
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×