KCAB: The New International Arbitration Rules

On 1 January 2026, the Korean Commercial Arbitration Board (KCAB)’s revised International Arbitration Rules came into force, marking the first comprehensive update since 2016 (the “2026 Rules”). The 2026 Rules are designed to enhance procedural efficiency, transparency and flexibility. The 2026 Rules apply to all international arbitrations commenced on or after that date, provided the parties have agreed to KCAB arbitration.

Given 25% of KCAB’s cases involve international parties, the 2026 Rules will be of significant interest to both local and international organisations.

Key changes introduced in the 2026 Rules

One of the most significant reforms is the creation of the KCAB International Arbitration Court, a dedicated body responsible for critical administrative decisions such as arbitrator appointments and challenges, as well as consolidation decisions, responsibilities which previously sat with the KCAB Secretariat. This change aligns KCAB with leading global institutions such as the ICC and SIAC, reinforcing its commitment to independence, consistency, and best practices in arbitral proceedings. The impressive calibre and experience of those who have been appointed to the KCAB Court should, in our view, instil significant confidence in the KCAB’s users.

The 2026 Rules introduce three procedural tracks, each with its own pace and structure according to the value and/or complexity of the dispute:

1. The Fast-Track Procedure: this is a newly introduced procedure for smaller-value disputes (under KRW 500 million (approximately USD 350,000) unless otherwise agreed). Tribunals must render the final award within three months of constitution, and proceedings are designed to be short, based only on written submissions, and without factual witnesses, expert evidence or document production.
2. The Expedited Procedure: this procedure already existed under the 2016 Rules, however, has now been expanded to cover disputes up to KRW 4 billion (approximately USD 2,730,000). While potentially longer than the Fast-Track (awards must be issued within six months of tribunal constitution), this procedure is a streamlined process with shorter written submissions and witness evidence, tighter case management and a generally accelerated timetable.
3. The final procedural track is the current standard procedure, which remains the default for more complex or high-value disputes. The 2026 Rules shorten the time for arbitrator appointments where the Court is required to form the tribunal / select a single arbitrator, and tribunals must issue a draft award within 60 days of the last hearing or filing.

The inclusion of an express provision for early determination of claims is another significant development. Under the 2026 Rules, tribunals are now explicitly empowered to dismiss claims that are manifestly unsustainable or without legal merit at an early stage. This mechanism serves as an efficient tool to eliminate untenable claims before they consume time and resources.

Further, recognising the realities of modern dispute resolution, the 2026 Rules expressly permit virtual hearings, electronic submissions and electronic signatures. This update reflects the post-pandemic shift towards remote participation, offering parties greater flexibility and cost-efficiency without compromising procedural integrity.

The 2026 Rules and the emphasis on procedural clarity and technological adaptability position KCAB as a modern, globally competitive arbitral institution. By aligning with international best practices and embracing innovation, KCAB is reinforcing its role as a leading arbitral institution for cross-border disputes.

If you have any questions regarding the information discussed in this article, please contact Claire Miller, David Nitek and Ilham Adan.