HomeAsiaCall for greater arbitration transparency: ADR Conference

Call for greater arbitration transparency: ADR Conference


Panellists and co-moderators exchange their insights during the 14th Asia-Pacific ADR Conference: (from left to right) Jinhee Kim, partner at Jipyong; Song-Yi Son, division general counsel at ABB Marine & Ports; Janghwan Chung, principal legal counsel at Samsung C&T Corporation; Liz (Kyo-Hwa) Chung, general counsel at Netflix Services Korea; Tae Hun Lee, managing director and CFO at LITIG Equity Partners; Chris Mainwaring-Taylor, partner at Bae Kim & Lee;, and Lars Markert, partner at Nishimura & Asahi.

Lawyers with arbitration expertise convened at Seoul’s RAUM venue on 29 October for the 14th Asia-Pacific ADR Conference, where they debated the sector’s pressing challenges and potential improvements.

The main highlight of the conference was the first panel discussion, titled Arbitration through the Eyes of the Users: What Works and What Doesn’t, co-moderated by Jinhee Kim, partner at Jipyong, and Lars Markert, partner at Nishimura & Asahi.

The Korean Commercial Arbitration Board (KCAB) International, which hosted the conference, noted on its official event website that arbitration, long viewed as a viable and cost-effective alternative to ligation, was increasingly being reassessed by companies questioning its value.

This sentiment was echoed by one of the panellists, Tae Hun Lee, managing director and CFO at LITIG Equity Partners. “The perception of arbitration was seen as fast and cost-efficient to litigation, but is now changing because it has become more expensive and increasingly time-consuming,” said Lee.

Janghwan Chung, principal legal counsel at Samsung C&T Corporation, said his biggest complaints about arbitration were confidentiality and the lack of public scrutiny, because “sometimes it really depends on luck and who you have as an arbitrator”.

The panellists said accepting more feedback from the users of arbitration and the use of virtual hearings could improve the efficiency and the cost-effectiveness of arbitration.

Liz (Kyo-Hwa) Chung, general counsel at Netflix Services Korea, said: “We generally agree that time and cost unpredictability are the concerns for arbitration, and having less cost involved and having a more predictable outcome is good for everyone.”

She went on to give an example of the kind of feedback a user might provide: “Users would appreciate more data on arbitrators; their ability, how many cases they are handling, what are their expert areas; it will give more transparency for proceedings.”

On virtual hearings, Song-Yi Son, division general counsel at ABB Marine & Ports, noted that it could reduce the costs for users including travel, accommodation and venue logistics. “Scheduling a hearing for all the parties involved is really a big challenge, but if we do a virtual hearing, it can help with flexibility,” she said.

This year’s Asia-Pacific ADR Conference was held as a part of the Seoul ADR Festival 2025. Since 2015, KCAB International has been hosting the Seoul ADR Festival each year as a forum where professionals in the field of international arbitration come together to share trends and developments in ADR.

The Seoul ADR festival 2025 began on 27 October and ends on 31 October. KCAB officials said more than 430 participants from over 40 jurisdictions attended the festival.

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