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| TITLE | Supreme Court Decision 2016Da49931 Decided December 13, 2018【Decision on Enforcement】 [full Text] |
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| Summary | |
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[1] Whether the degree of infringement of a party’s procedural right via an arbitral proceeding ought to be apparent to the extent that it is intolerable to constitute grounds for recognition and enforcement of an arbitral award under Article V(1)(d) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (affirmative) [2] In the event that grounds for a demurrer arose pursuant to an enforcement law subsequent to the recognition of a foreign arbitral award, whether enforcement of the arbitral award may be denied through the application of Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (affirmative) [3] Whether enforcement of a foreign arbitral award may be denied solely on the basis that the foreign arbitral award is unlawful as it contradicts the substantive rights relationship or that an executory claimant based thereto was aware of such circumstance (negative) Whether enforcement of an arbitral award may be denied on the grounds that the same constitutes abuse of rights or contravenes public order and good morals (affirmative) Standard for determining the constitution of rights abuse, etc. in the event that the substance of a foreign arbitral award contradicts the substantive rights relationship In a case where enforcement of a foreign arbitral award is apparently unlawful as there exist grounds for a retrial under the Civil Procedure Act and having a counterparty accept its enforcement violates justice to the extent that is deemed socially intolerable, whether such case may be considered as grounds for a demurrer (affirmative) |
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