This article objectively reviews and assesses how the Korean courts have interpreted and applied individual items under Article V of the New York Convention in actual cases, with a focus on (i) arbitrability; (ii) procedural fairness; and (iii) public policy. The Korean courts, led by the Supreme Court, have set a remarkably high standard for an invocation of Article V, and consequently have recognized and enforced foreign arbitral awards in a remarkably friendly manner. At least as far as the enforcement of foreign arbitral awards is concerned, Korea can now claim to be one of the progressive leaders in the Asia–Pacific region.
Journal of International Arbitration