South Korean Jurisprudence in International Arbitration: Potential Considerations for Cambodia
|Keywords:||International Arbitration , Arbitral Awards , Annulment of Foreign Arbitral Awards , Recognition and Enforcement of Foreign Arbitral Awards , The New York Convention , Legal Transplants|
|Full text PDF:||http://www.dcollection.net/handler/yonsei/000000538382|
As everything has its own reason to exist, an international dispute settlement in the form of arbitration was presented by the phenomena of cross-border commercial activities, as well as globalization. Although the international arbitration system of each individual jurisdiction is uniformed and harmonized by the international best practices, the different gaps of development can still be found. Standing in the infant progress of arbitration development and operation, it is convinced that Cambodia’s arbitration system needs to grow better and to be strong enough to survive in the fast-growing world of international arbitration. This thesis is to conduct a study on South Korea jurisprudence in international arbitration, especially Korean courts’ approaches on annulment, recognition and enforcement of foreign arbitral awards. For better legal practices in areas of international arbitration from national courts’ participation, the thesis also aims to provide Cambodia several potential considerations for the adoption of Korean courts’ practices in international arbitration based on several needs, benefits and possibilities. If the adoption of Korean courts’ approaches and precedents takes place, the study would try to offer a methodology for the adoption. The methodology for the adoption would suggest the forms of the adoption, the subsequent commitments after the adoption, the source of funds and technical assistance.