Enforcement of foreign arbitral awards subject to progressive court fees

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On April 4 2012, the 19th Chamber of the Court of Appeals ruled that the enforcement of a foreign arbitral award was subject to progressive court fees, since the award related to the collection of debt.

The plaintiff had requested the enforcement of a 2008 foreign award rendered by the Korean Commercial Arbitration Board, claiming that the award was finalised. The defendant requested that the case be dismissed on the grounds that:

  • another court of first instance was competent to hear the case;
  • the award was unenforceable, as the defendant’s right to be heard in the arbitral proceedings had been breached; and
  • the arbitral award was not finalised…

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