Ex Parte Preliminary Orders in the Revised UNCITRAL Model Law and the Proposed Amendments to the Korean Arbitration Act

Interim measures often play substantial roles in international arbitration. At times, especially with particularly non-cooperative opposing parties, ex parte interim measures of relief may be necessary in order to preserve the status quo pending arbitral tribunal’s determination on the merits. The revised UNCITRAL Model Law allows arbitral tribunals to issue preliminary orders on an ex parte basis upon satisfaction of certain conditions. Preliminary orders serve as bridging devices as the arbitral tribunal may direct a party not to frustrate the purpose of the requested interim measure while the tribunal’s determination on the interim measure is pending. In an effort to enhance Seoul’s international arbitration status, the potential proposed amendments to the Korean Arbitration Act, which purport to adopt most of revisions regarding interim measures in the 2006 Model Law, have been introduced recently. After examining pros and cons of empowering arbitral tribunals with the power to issue ex parte preliminary orders and reviewing what other countries have done, the author is of the opinion that including ex parte preliminary orders in the proposed amendments to the Korean Arbitration Act, on an opt-in basis at the very least, would more effectively promote Seoul as an attractive seat of international arbitration.