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【Main Issues and Holdings】
[1] In a case where, even though the text of an arbitral award is partly ambiguous or incomplete, it can nonetheless be clarified through the explanation of the reasoning, whether the enforcement of such arbitral award may be allowed by determining clearly the content of the text through the interpretation of the text and the reasoning (affirmative), and in this case, whether the content of the arbitral award may be complemented by conducting a reexamination of the substantive judgment of the arbitral award, such as its finding of fact and application of law (negative)
In a case where the content of the arbitral award is clear in and of itself, whether an interpretation by extension or analogy or a revision of the content based on other materials is allowed (negative)
[2] In a case where the grounds for a lawsuit of demurrer under the Civil Execution Act emerged after the establishment of a foreign arbitral award, whether the enforcement of an arbitral award may be rejected by deeming it as a violation of the public policy under Article 5(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (affirmative)
[3] In a case where an assignment order is issued for a future innominate claim for which seizures are overlapped, standards for determining whether there is a concurrence of seizures, by which the assignment order becomes null and void (held: the amount of claim subject to seizure as stated in the contract at the time when the assignment order was served by the third debtor), and method of calculating the amount of claim subject to seizure
[4] In a case where the relevant parties did not appropriately raise a plea as to the existence and validity of an arbitration agreement in the arbitration proceedings and participated in the arbitration proceedings by presupposing the existence of an arbitration agreement, whether the relevant party may raise a plea as to the existence and validity of an arbitration agreement in the procedure for recognition and enforcement of an arbitral award (negative in principle)
[5] Scope of the cases where the recognition and enforcement of an arbitral award may be rejected in accordance with Article 5(1)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and standards for determining thereof (held: law of the country where the enforcement is sought)
[6] Purpose of Article 5(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and cases where the recognition and enforcement of an arbitral award may be rejected in accordance with the said provision
Requirements for denying the enforcement of a foreign arbitral award in accordance with Article 5(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards on the grounds of it having been obtained through deception
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