KCAB just released its new International Arbitration Rules, which will be effective from 1 January 2026.
- chenandchang
- 3 days ago
- 2 min read
Updated: 2 days ago
The changes and practical insights of the new Rules include:
šCreation of KCAB International Arbitration Court: the Court to make key procedural decisions, such as arbitrator appointments, challenges, consolidation of cases, joinder of additional parties, award scrutiny, and determination of arbitration costs (Art. 1.3).
šBalancing the demand for efficiency and flexibility, unless the parties have agreed to opt out or the Secretary-General determines otherwise,
** ā©Fast-track procedure applicable to cases where the amount in dispute is under KRW 500 million (around USD 0.35 million) (Art. 50.1(a)) and
** ā©Expedited procedure applicable to cases where the amount in dispute is between KRW 500 million (around USD 0.35 million) and KRW 4 billion (around USD 2.8 million) (Art. 45.1(a)(ii)).
šRefined provisions on consolidation, joinder and concurrent proceedings (Art. 21, 23, 24).
šEmphasis on virtual hearings (Art. 25.2), electronic filings and notice (Art. 4.1(a)).
Encouraging the tribunal to discuss with the parties regarding guidelines for the use of information technology tools including AI tools (Art. 16.5).
šNew provisions on scrutiny of arbitral awards (Art. 40); early determination (Art. 36); information security (Art. 60), security for costs (Art. 16.8); and party representation and conflicts of interest (Art. 7.3)
šMediation under KCAB International Mediation Rules or other agreed mediation procedure (Art. 16.6); an arbitrator shall not serve as a mediator for the dispute unless the parties agree otherwise.
šNew cost structure, introducing an hourly rate system for higher-value disputes (Art.1.1 of APPENDIX 2.).
Chen & Changās partners, Helena Chen and Alison Chang, are both listed on the KCAB Internationalās Panel of International Arbitrators as well as its Panel of International Mediators.
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