중재판정취소의 소
1. As to the case of D Institutional Arbitration E between the plaintiffs and the defendant, the aforementioned D Agency is recorded in the attached Form as of August 30, 2018.
1. Basic facts
A. On March 5, 2013, the Plaintiffs entered into a subcontract with the Defendant on the installation of boiler equipment and ancillary equipment at the FF power plant (hereinafter “instant subcontract”).
The instant subcontract contains a dispute settlement clause (hereinafter “instant dispute settlement clause”) as follows.
Article 31 (Objection and Dispute Settlement) A (referring to the plaintiff) and B (referring to the defendant) shall comply with the matters not specified in this contract and individual contracts or with other written data and, if there is no data in respect of the interpretation of the contract, shall be settled through mutual consultation.
When an agreement under paragraph (1) is not reached, an application for mediation may be filed with the construction dispute mediation committee under Article 69 of the Framework Act on the Construction Industry, or the G Council under Article 24 of the Fair Transactions in Subcontracting Act, or an application for mediation with the arbitration agency under other statutes
B. On December 15, 2016, the Defendant filed an application with D Agency for arbitration (hereinafter “instant arbitration application”) seeking payment of additional construction cost under the instant subcontract against the Plaintiffs (D Agency Arbitration E; hereinafter “instant arbitration application”).
On January 26, 2017, the Plaintiffs submitted a written response stating that “Article 31(2) of the instant subcontract constitutes a selective arbitration provision and the Plaintiffs oppose the arbitral proceedings. Therefore, the instant arbitration application should be dismissed due to the absence of an arbitration agreement.”
C. However, on August 30, 2018, the Arbitral Tribunal rejected the Plaintiffs’ defense on the ground that the arbitration agreement between the Plaintiffs and the Defendant is valid, and rendered an arbitral award as shown in the attached Form (hereinafter “instant arbitral award”).
[Ground of recognition] The fact that there is no dispute, and Gap's 1 through 4 (including a tentative number) respectively.