How to start an arbitration
- In order to start arbitration before the KRIB Court of Arbitration, an arbitration agreement shall be concluded. By concluding an arbitration agreement, the parties may consent to refer to the Court of Arbitration all or some of the disputes that may arise or have arisen between them with regard to certain contractual or non-contractual relations. The parties may refer any type of material disputes to the Court of Arbitration, except for disputes on real rights or ownership of real estates, alimony or employment rights.
- The arbitration agreement shall be in written form. It may be in the form of an arbitration clause in a contract or in a separate agreement. The arbitration agreement may be included in a document signed by the parties or in the exchange of letters, fax messages, telegrams, e-mails or other means of communication.
- The arbitration agreement also gives the parties great autonomy to ‘model’ the arbitration process in a way satisfying to a greater extent their interests. They may negotiate the number of the arbitrators; the formation procedure of the arbitration tribunal; the procedure for challenge of a member of the arbitration tribunal; the procedure that the arbitration tribunal shall observe when conducting a case. The parties may also agree on certain rules for admissibility of evidence in arbitration. By exercising such autonomy, the parties may significantly influence the speed and price of the procedure. In case there are no explicit arrangements, the provisions of the Rules of the KRIB Court of Arbitration shall be applied.
- The arbitration procedure before the KRIB Court of Arbitration is initiated on the date of receipt of the claim at the Court of Arbitration. The claim shall meet some formal requirements specified in the Rules of Arbitration; when filing the claim, the claimant may make a proposal regarding the number of the arbitrators, the language and the place of conducting the arbitration, the applicable substantive law, in case the parties have not agreed on these matters in advance.
- When filing the claim, the party may nominate an arbitrator and give its consent to send and receive notifications and documents by electronic means by specifying an email address for this purpose.
- The party may choose to nominate an arbitrator from the Arbitration Panel of the KRIB Court of Arbitration or any other person who meets the requirements specified in the Rules of Arbitration. Proof of payment of the registration fee in accordance with the Tariff of the Court of Arbitration shall be enclosed with the claim. If the claim does not meet the necessary requirements, the claimant will be duly notified and will have the opportunity to remedy the deficiencies within a specified reasonable term.