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TITLE Supreme Court Order 2020Geu633 Dated December 29, 2022 【Appointment of Arbitrators】 [full Text]
Summary
【Main Issue and Holding】 Where the appointment of an arbitrator is requested in accordance with Article 12(3) of the Arbitration Act, whether the court may dismiss the request for the appointment of an arbitrator on the grounds of the nonexistence or invalidity of an arbitration agreement by examining the legality of such request for arbitration (negative in principle) and whether the argument for the existence or validity of the arbitration agreement corresponds to the reasons for a special appeal against a decision on the appointment of an arbitrator (negative)
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