External
Economic Arbitration Law of DPRK
The law is aimed to correctly examine and solve disputes
in external economic relations and protect the rights
and interests of the parties concerned by establishing
a strict system and order.
Chapter I - Essence of
EEAL
Article 1
The External Economic Arbitration
Law of the DPRK (EEAL) strictly establishes a system
for and order in solving external economic disputes
and correctly examines and solves each case, and contributes
toward protecting the rights and interests of the parties
concerned in a dispute.
Article 2
The solution of an external
economic dispute is conducted by the Korea International
Trade Arbitration Committee and the Korea Maritime Arbitration
Committee.
Article 3
The arbitration committee
consists of its chairman, vice chairman, secretary and
committee members.
Article 4
The cases to be examined
and solved by the external economic arbitration organizations
are as follows:
- A dispute generated
between an organ, enterprise or group of our country
and a foreign enterprise.
- A dispute between
an organ, enterprise or group of our country and
a foreign investment enterprise.
- A dispute between
foreign investment enterprises.
- A dispute between
a foreign investment enterprise and a foreign enterprise.
- A dispute between
foreign enterprises.
- A dispute between
an organ, enterprise or group of our country, and
a foreign investment enterprise, foreign enterprise,
overseas Korean or a foreigner.
Article 5
External economic arbitration
is conducted in accordance with a written agreement
of the parties concerned and a document of arbitration
proposal submitted by a party concerned.
Included in such written
agreements are arbitration clauses contained in a contract
and an arbitration contract concluded by the parties
concerned after a dispute is caused.
Article 6
The State ensures objectivity,
scientific nature, fairness and promptness in solving
an external economic dispute and pursues the responsibility
of the party which has committed an error.
Article 7
The State pays respect
to international treaties and practices in its arbitration
activities, and expands cooperation and exchange with
international organs and foreign countries.
Chapter II Arbitration
Proposal
Article 8
The parties concerned in
a dispute are able to ask an arbitration proposal to
assure their rights and interests.
An arbitration proposal
is made in such a way that a written arbitration proposal
and papers attached to it are delivered to the arbitration
committee within a specified period.
Article 9
The contents of a written
arbitration proposal should concern the following:
- The name, legal address
and a court representative or his (or her) agent
of the parties concerned in a dispute.
- The content of agreement
on arbitration such as of an arbitration organ and
a law on which it is based on.
- The content of a
claim and an amount asked for.
- Expression of will
concerning the selection of judges or the names
of judges.
- Other matters of
importance.
Article 10
The attached papers should
be of the following nature:
- Arbitration clauses
or the original text of an arbitration contract.
- A document which
confirms payment for arbitration expense.
- A document specifying
the amount to be delivered to the other party before
an arbitration proposal is made.
- A document which
proves that the other party violated a contract
obligation.
- Other matters of
importance.
Article 11
The arbitration applicant
submits a written arbitration proposal and pay arbitration
expenses.
The arbitration expenses
are calculated in accordance with a rate applicable
to the amount of claim.
The arbitration committee
may use some of the arbitration expenses, if needed.
Article 12
The arbitration committee
examines the written arbitration proposal within 10
days and decides if it accepts or refuses the document.
In case of its acceptance,
the committee sends a list of judges within a specified
period to the applicant, and a notice of an arbitration
trial, to which attached are the written arbitration
proposal and a list of judges, to the other party.
Article 13
The other party who received
the notice sends back within 30 days to the committee
papers of proof and a reply which contains the
other parties opinion on the arbitration proposal and
the selection of judges.
The arbitration trial is
not influenced by the absence of the other parties reply
or papers of proof.
Article 14
The other party may raise
a counter-arbitration proposal regarding the arbitration
proposal. In this case, the other party meets the requirements
stipulated in articles 9 and 10.
The counter-arbitration
proposal is directly related to the main arbitration
proposal, and the proposal is addressed to the arbitration
committee before the arbitration trial ends.
Article 15
The arbitration applicant
can alter or withdraw the arbitration proposal, or abandon
the claim.
In case the proposal is
altered or withdrawn, the proposal can be made again
within a specified period.
In case the claim is abandoned,
however, a claim of the same content cannot be made.
Article 16
The parties concerned in
a dispute are able to propose an arbitration proposal
through their agents, or have the agents reply on their
behalf.
The agent can be a DPRK
citizen or a foreigner. In either case, the agent submits
a letter of attorney to the arbitration committee.
Article 17
In case one of the parties
concerned brings a civil action against an external
economic arbitration case or a decided case, on which
solution through arbitration has been agreed by the
parties concerned, the court organ returns the related
documents to the one who brings a civil action.
Chapter III Arbitration
Trial
Article 18
The judging council which
consists of one or three judges conducts the arbitration
trial.
The judges are independent
in dealing with a case and can represent neither of
the parties concerned in a dispute.
Article 19
The judges can be a person
of the following qualifications:
1.A member of the arbitration
committee concerned.
2. A lawyer or economic
expert who is able to examine and solve a dispute.
3. A person who is experienced
as an attorney or a judge.
4. A well-known overseas
Korean compatriot or a foreigner experienced in arbitration
affairs, if needed.
Article 20
The arbitration committee
prepares a list of judges.
The list of arbitration
judges clarifies their names, occupations and positions,
professional knowledge and their careers as arbitration
judges.
The profiles of judges
can be made public through a publication.
Article 21
The number of judges for
examining and solving a case is decided upon through
the consent of the parties concerned in a dispute.
In case no agreement is
reached by the parties concerned, the arbitration committee
decides the number.
Article 22
The judges (or a judge)
who examine a dispute are selected by the parties concerned
in a dispute from the list of arbitration judges.
In case the selection is
not made within a specified period, the arbitration
committee selects the judges.
Article 23
The parties concerned in
a dispute can propose a change in arbitration judges
to the arbitration committee.
The arbitration committee
examines the proposal and announces the result of its
deliberation to the one who made the proposal.
Article 24
In case a judge can not
fulfill his or her duties and can not examine a dispute
due to an unavoidable circumstance, he (or she) can
request to resign from his (or her) arbitration work.
In this case, the arbitration
committee announces the fact to the parties concerned
in a dispute and let them select another judge.
Article 25
The date, time and place
of an arbitration trial are decided by the arbitration
committee.
The arbitration committee
announces the date, time and place of an arbitration
trial within 30 days before it starts.
The parties concerned who
received a notice of the arbitration trial, can request
an alternation in the content of the notice within 10
days before the trial starts.
Article 26
The arbitration trial is
conducted in the place of the arbitration committee
concerned, and is not open to the public.
The trial can be made open
or conducted in a different place if the parties concerned
so desire.
Article 27
Participating in the trial
are a court representative or his (or her) agent.
A court representative
or his (or her) agent can participate in a trial together,
if needed.
Article 28
Arbitration judges (or
a judge) announce the start of an arbitration trial,
let the applicant speak about facts concerning his or
her claim, and allow the other party to make a reply.
After statements are made
by the two parties, the judges examine them and ask
them questions.
Article 29
The parties concerned in
a dispute can present evidence and request the judges
to call a witness or an identifier to the court.
In case the request is
well grounded, judges apply to the arbitration committee
for the attendance of a witness or an identifier in
the court.
Article 30
The parties concerned can
form an opinion on the preservation of evidence and
disposal of property offered as a surety. In this case,
the arbitration committee confirms the content of the
proposal and entrusts the matter to the court organ
concerned.
Article 31
The Judges suspend or terminate
the arbitration trial in case a reason for suspension
of the trial or dismissal of a case is found or in case
the purpose of the trial has been attained.
The period of an arbitration
trial cannot exceed five months after a written arbitration
proposal is accepted.
Article 32
A protocol of a trial is
drawn up by the secretary, and signed by the judges
and secretary.
Recording and filming of
a trial can be made upon the consent of the parties
concerned in a dispute.
The parties concerned in
a dispute have free access to the protocol.
Article 33
The parties concerned in
a dispute can agree on reconciliation any time.
If reconciliation is agreed
upon, the on-going arbitration trial is terminated.
Article 34
An external economic dispute
can be solved by the method of mediation.
Mediation is made upon
the consent of the parties concerned in a dispute on
a plan submitted by a mediator of the mediation council
that consists of a mediator and the two parties.
Chapter IV Decision
and Implementation
Article 35
The decision is announced
within the 30 days after the arbitration trial is finished.
In an unavoidable case,
judges can request the arbitration committee to extend
the period of announcement of the decision.
Article 36
The contents clarified
in the document of decision are as follows:
1. The names and legal
addresses of the parties concerned in a dispute, court
representatives and his (or her) agents.
2. The date of an arbitration
trial, and the names of judges and secretary.
3. The name of a case,
and the state of attendance in an arbitration trial.
4.The content of the claim
of the applicant, and the content of the reply of the
other party.
5.Facts and evidence
confirmed during an arbitration trial.
6.The law and rules the
decision is based on.
7.The conclusion concerning
the solution of the case.
8.Matters related to trial
expenses to be borne.
9. Date of announcement
of the decision.
10.Other matters of importance.
Article 37
The written decision is
prepared in the Korean language.
The decision document can
be accompanied by its translated version upon demand
of the parties concerned in a dispute.
In case there is some difference
in meaning between the Korean document and its translated
version the former has priority.
Article 38
The decision document becomes
effective only when it contains the signatures of judges
(a judge) and is endorsed by the arbitration committee.
In case three judges examine
a dispute, and one judge who does not agree with the
opinion of the other two, does not sign the document, a
document explaining the reason is attached to the protocol
of the arbitration trial and submitted to the arbitration
committee.
Article 39
Judges can rule suspension
of an arbitration trial, dismissal of a case or reconciliation.
In case the reason for
suspension of a arbitration trial vanishes, the trial
is continued.
In a reconciliation ruling,
reconciliation conditions are specified.
Reconciliation ruling has
the same effect as an arbitration decision.
Article 40
The arbitration committee
sends or directly delivers the decision document to
the parties concerned in a dispute.
In case the legal address
is changed after an arbitration trial is proposed, the
party concerned in a dispute reports the fact to the
arbitration committee within a specified time.
Article 41
The parties concerned in
a dispute implement their obligation within a period
stipulated in the decision document.
A party concerned in a
dispute, which has an opinion on the decision, can request
the arbitration committee to revise or supplement or
explain expressions in its contents, within 30
days after it receives the decision document and request
a court organ concerned to withdraw the decision which
is recognized as incorrect within the next six months.
Article 42
In case a responsible party
concerned in a dispute does not implement his (or her)
obligation stipulated in the decision document within
an appointed time, or unfaithfully implements his (or
her) obligation, the other party concerned in a dispute
can apply for the implementation of the decision to
a court organ in his residential area or in the region
in which the property as an object of implementation
exists.
Article 43
In case the property as
an object of implementation exists outside of
DPRK territory, the implementation of the decision can
be entrusted to a court organ in a foreign country.