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What Is KCAB — and Why Is It the Right Forum for Your Dispute with a Korean Company?
For Singapore-based companies engaged in cross-border trade with South Korea, few situations are more frustrating than a Korean business partner who refuses to pay, breaches a contract, or simply goes silent after receiving your goods or services.
You may assume that pursuing the matter legally in Korea is too costly, too slow, or too foreign to be worth the effort. This assumption is costing Singapore businesses real money and it is exactly what defaulting Korean companies rely on.
There is a direct and enforceable legal path available to you: arbitration through the Korean Commercial Arbitration Board (KCAB).
Law Firm Jeonglaw represents foreign companies and foreign nationals in KCAB proceedings, helping you recover what you are owed in Korea, under Korean law, with results that hold.
The Korean Commercial Arbitration Board (KCAB) is South Korea's primary institution for resolving commercial disputes through arbitration. Founded in 1966 and headquartered in Seoul, KCAB administers both domestic and international arbitration under rules specifically designed to handle cross-border disputes efficiently and fairly. For Singapore companies with a contractual claim against a Korean business, KCAB offers several critical advantages over litigation in Korean courts.
First, KCAB arbitration is enforceable. Korea is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, meaning that a KCAB arbitral award can be enforced not only against Korean assets within Korea, but also in Singapore and over 160 other countries worldwide without relitigating your case from scratch. This is a fundamental advantage for Singapore claimants who need real, cross-border enforcement power.
Second, KCAB proceedings under the International Arbitration Rules are designed with foreign parties in mind. Arbitrators can be appointed from international panels, hearings can be conducted in English, and remote participation is fully supported eliminating the need for constant travel to Seoul. The proceedings are confidential, which protects your business relationships and sensitive commercial information throughout the process.
Third, KCAB arbitration is substantially faster than Korean court litigation. While a court case in Korea can take three to five years across multiple levels of appeal, KCAB arbitration typically concludes within 12 to 18 months from the filing of the request. For businesses facing cash flow pressure from unpaid receivables, speed is not a luxury it is essential.
- Enforceable in 160+ countries under the New York Convention
- English-language proceedings available with international arbitrators
- Remote participation fully supported — no need to fly to Seoul
- Confidential proceedings protecting your commercial interests
- Typical resolution within 12–18 months from filing
How Law Firm Jeonglaw Represents Singapore Companies in KCAB Arbitration — From Filing to Enforcement
Understanding that KCAB arbitration is available is one thing. Successfully navigating it as a foreign company drafting a compliant request for arbitration, building your evidentiary case under Korean legal standards, managing correspondence in Korean, and ultimately enforcing the award requires Korean legal expertise that your Singapore counsel alone cannot provide.
Law Firm Jeongro is a Seoul-based law firm with dedicated experience in representing foreign clients both foreign companies and foreign nationals residing in Korea in commercial disputes against Korean businesses. We provide end-to-end legal support across the full KCAB arbitration lifecycle, and we communicate directly in English throughout.
Our approach to KCAB cases for Singapore clients follows a clear, structured process designed to maximize your chances of a favorable award and successful enforcement:
FAQ
Our contract with the Korean company doesn't have a KCAB clause. Can we still use KCAB arbitration?
A. Yes, in many cases. KCAB arbitration can proceed in two ways: (1) through a pre-existing arbitration clause in your contract designating KCAB as the forum, or (2) through a post-dispute arbitration agreement, where both parties agree after the dispute arises to submit it to KCAB. If your contract contains a general arbitration clause without naming a specific institution, our team can advise on whether KCAB jurisdiction can still be established. In some cases, where the contract is silent or specifies Korean courts, other dispute resolution routes may be available. We assess this as part of our initial consultation — so contact us before assuming your options are limited.
How much does KCAB arbitration cost, and is it worth pursuing for smaller claims?
A. KCAB arbitration costs consist of KCAB's administrative fees (which are scaled to the amount in dispute), arbitrator fees, and attorney fees. For claims above approximately USD 50,000, the cost-benefit analysis typically favors arbitration — especially given that successful claimants can often recover legal costs as part of the award. KCAB also offers an expedited arbitration procedure for smaller disputes, which reduces both cost and timeline significantly. During your consultation with Law Firm jeonglaw, we will provide a frank assessment of whether arbitration is economically viable for your specific claim, and we will be transparent about the likely cost structure from the outset.
I am a foreign national currently living in Korea and have an employment or commercial dispute with a Korean company. Can Law Firm Jeonglaw help me?
A. Absolutely. Law Firm jeonglaw represents not only foreign companies but also individual foreign nationals residing in Korea who are involved in disputes with Korean businesses or employers. Whether you are dealing with wrongful termination, unpaid wages, breach of an employment contract, or a commercial dispute arising from business activities in Korea, our team provides direct, English-language legal support. Foreign nationals in Korea often do not know their rights or feel uncertain about navigating the Korean legal system — we are here specifically to bridge that gap. Your first consultation is confidential and without obligation.
