The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1, 2, and 4

A. The lower court determined to the following purport on the grounds stated in its reasoning, such as accepting and citing the first instance judgment.

(1) The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter “New York Convention”) shall apply to the recognition and enforcement of the arbitral award in the attached Form of the judgment of the first instance (hereinafter “instant arbitral award”) made by an arbitrator selected by the Republic of Korea Branch of Ireland (hereinafter “the instant arbitral institution”).

(2) It cannot be said that the arbitration agreement on the instant arbitral award itself does not exist, and thus does not constitute grounds for refusal of recognition and enforcement of an arbitration agreement under Article V(1)(a) of the New York Convention.

(3) Although the Defendant was unable to participate in the procedure for appointing an arbitrator, considering the circumstances in which the Defendant participated in all the procedure initiated by the appointed arbitrator, it does not constitute grounds for refusing to grant recognition of infringement of defense rights under Article 5(1)(b) of the New York Convention.

(4) It is difficult to deem that ordering the Defendant to pay the instant arbitral award is contrary to the good morals and other social order of the Republic of Korea, and thus, it does not constitute grounds for refusal of recognition and enforcement of breach of public order and good morals as stipulated in Article 5(2)(b)

B. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding Article 5(1)(a) and (b) and (2)(b) of the New York Convention, contrary to what is alleged in the grounds of appeal.

2. As to the third ground for appeal

(a)Article V(1)(d) of the New York Convention shall be the basis of an arbitral tribunal.