Pathological Arbitration Clauses and the Doctrine of Effective Interpretation: lessons from the Korean Supreme Court
Pathological arbitration clauses represent a persistent challenge in arbitration practice. Although arbitration agreements are intended to provide certainty and an efficient mechanism for dispute resolution, poorly drafted clauses often produce the opposite effect. Ambiguous, inconsistent, or incomplete arbitration provisions frequently give rise to jurisdictional disputes, resulting in delays & additional costs before the substantive dispute […]

