An award from an arbitration seated in Korea, including one administered by the Korean Commercial Arbitration Board, is a foreign award in India. It is enforced under Part II of the Arbitration and Conciliation Act, because India has notified Korea under the New York Convention. The petition goes to the High Court with jurisdiction over the Indian party's assets, and enforcement can be refused only on narrow grounds such as invalidity of the agreement, lack of notice or public policy.
- Document route
- Korean notary, then apostille from the Ministry of Foreign Affairs
- Time difference
- IST is 3h30 behind Korea all year (no daylight saving)
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
International Arbitration from South Korea: how it works
Before or during the arbitration, we advise on Indian risks: whether the Indian party might go to an Indian court to avoid arbitration, whether interim relief from an Indian court under section 9 is needed to protect assets, and how notices should be served on the Indian party so that a later challenge on notice fails. If the Indian party refuses to take part, we make sure the record of service and opportunity to be heard is complete, since Indian courts look closely at natural justice when enforcing an award against a party who did not appear.
Once the award is issued, we file the enforcement petition with the award and arbitration agreement, with certified translations of any Korean text. The Indian party may object under section 48, and the court hears the objections in the same proceeding. If it rejects them, the award is enforced as a decree by attachment of bank accounts, receivables or property. We then help bring the recovered money out of India with the bank documentation, Form 15CA and 15CB and any tax withholding that applies.
What clients in South Korea should know
- Seoul is a recognised seat for India-related disputes, and an award there avoids the fresh suit that a Korean court judgment would need.
- Indian courts cannot set aside a Korea seated award; challenges to the award itself belong to the Korean courts.
- Interest awarded by the tribunal is generally enforceable, but conversion into rupees and remittance back to Korea should be planned.
Step by step from South Korea
Video consultation
A call at a time that suits South Korea, after we have read your documents.
Documents signed in South Korea
Korean notary, then apostille from the Ministry of Foreign Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in South Korea where needed.
The full guide
This page covers what changes when you are in South Korea. For the law, the documents and the step-by-step procedure, read our main page on International Arbitration, or see all services for clients in South Korea and the Disputes & Enforcement practice area.
Questions from clients in South Korea
How long does enforcement of a Korean award take in India?
It varies widely with the court and the objections raised; several months to a couple of years is a realistic range.
Can we get interim relief in India while the Seoul arbitration runs?
Yes, under section 9, unless the parties have excluded it. The Indian court considers urgency and risk of dissipation.
Do Korean language awards need translation?
Yes, a certified English translation must be filed with the award in an Indian court.