SM’s lawyers applied for arbitration on July 11

*Arbitration in Korea may defer to your own country’s law system, so it’d be great if you could  accept as it says and try not to compare/adjust with your law system.

Arbitration refers : In order to solve an argument, the court intervenes in the parties involved by drawing agreements with mutual concessions so that the court can build bridges to the both parties.

– When one party applies for arbitration, the court can accept if it’s decided to be necessary, or reject it.
– If both parties have successful agreements by arbitration, the case can be concluded as a mutual settlement.
– If agreements are failed, hearings/trial begins again in order to make the judge’s ruling.

1. There were 4 times of arbitration by SM’s request in 2011.
Jaejoong/Yuchun/Junsu have not applied for change of dates or arbitration.
[Well SM had constantly requested changes of hearing dates before these arbitration.  You may know the reason already – all SM wants is ‘not having the case concluded].

2. The arbitration failed to reach a mutual agreement, so hearings re-started in Jan 2012.
[SM even applied for delay of hearing preparation date during this period too.]

Anyway, all hearings completed on June 19, 2012, and July 19, 2012 is announced for the date of the final ruling(rendition of judgement) of 1st trial.

3. Today (July 11), 8 days before the ruling, SM’s lawyers have submitted an application for arbitration. It can be accepted or rejected by the court’s decision.

Certainly HoTels are getting crazier than ever as the July 19 is coming, saying such things like JYJ is dragging the lawsuit or some kind of other rubbish. I can confirm that JYJ’s lawyers have never applied for any changes of dates or arbitration while SM is still doing so. Why would they? It’s SM who does not want this lawsuit finished, not JYJ. The members’ lawyers are the one who complained SM’s such behaviours (changing hearing dates, not bringing the witness in time so that the hearing was delayed) to delay the lawsuit in the court.

Anyway, it’s 8 days (soon to be 7 days in KST) before the ruling date, and just ask yourself this question.
‘If you were the one who was highly expected to win a lawsuit, would you apply for arbitration which took months, a week before final ruling date?’ SM’s intention seems so transparent that does not worth speaking of, but I just wanted to explain as OT5s(Well,  should I put ‘some’ or it’s more likely ‘OT5s in Korea’?) /HoTels  say some ridiculous things to defend SM. (Such as rumors like ‘JYJ is delaying the process’ and others)

Well as July 19 is coming forward, there will be anything about accepting or rejecting this soon so let’s wait couple of days more.

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20 thoughts on “SM’s lawyers applied for arbitration on July 11

  1. ‘If you were the one who was highly expected to win a lawsuit, would you apply for arbitration which took months, a week before final ruling date?’

    i agree with those words. me too, believe that SME must be afraid that the ruling wont be in their side, so they tried to delayed it (again) by appealing for arbitration… SM YOU COWARD!!!

  2. 핑백: [INFO] 120711 SM’s lawyers applied for arbitration on July 11 « JYJ3

  3. Oh man gimme a break. I’m not trying to degrading the country, but why on earth Korea practicing this kind of system in their court ruling? It’s obviously only slowing down the whole process. To actually let the parties involve in the case to apply for arbitration when the case is now handled by the judges in district court, that’s just ridiculous.

    Correct me if I’m wrong but if I read point no.2, it implies that in this arbitration process there’s a possibility for mediation that will lead for a mutual agreements between the parties involve in the case. If that’s true, I can tell how frustrated SMEnt is that they have to seek this method. As we already know, justice has been siding our boys this whole time. By submitting this arbitration application, I see that not only SMEnt is trying to delay the final ruling but that they’re also desperate. They know exactly that their chance for winning is thin, so they submit this arbitration application so that they can ask for mercy from our boys.

    I truly hope that the court rejected their arbitration application. Thus, there will be no delay anymore and we can hear the final ruling just as scheduled before.

    Thanks heaps for the update.

    • I agree with your point. Practically this process is for having a case solved ‘faster’ by mutual agreement, but SM is clearly abusing it. In other case like Yunha(singer), she and her former management company finished their lawsuit regarding unfair contract. You’ll see how ridiculous they are when you know this kind of similar case.
      Anyway, it’s a week before, so hope the judges won’t accept this as the fastest way is coming forward.

      • What’s so funny is that in most countries, arbitration is alternative dispute resolution outside the court. You can only choose one way to settle your case, be it in arbitration only or the court only. For cases that have been handled by arbitration, they can’t be submitted for another ruling in district court. And that words “mutual agreements”, logically it should happen way before any party take the case before the judges or arbitrators. That’s why I can’t stop rolling my eyes at how overlapping the system that being used in Korea.

        After the time and energy spent to undergo this whole court ruling, SMEnt out of the blue applied for arbitration request. You gotta be kidding me. You’re too late or maybe too desperate I should say.

        Anyway, is there any specific reason for a party to submit arbitration application while the case is still ongoing in court? Something normative that have been stipulated by law there? If not, by any chance do you know the reasons used by SMEnt for submitting this arbitration application? I raise this question because in my opinion, if the reason used by SMEnt is something which is regulated by law, there’s no base for the court to reject the application. But if it’s just a mere SMEnt’s argument (and it’s weak), the court can easily reject it.

      • That’s why I wrote that it may defer to other countries. Practically anyone of the both parties can ‘submit’ an application for arbitration if he/she has proper form of paperwork, and accepting/rejecting depends on the judges. Maybe it’s the weakness of our civil law system (not tighter as a criminal suit.)
        In 2011, it was known/expected that SM wanted to reduce the amount of compensation for damages it has to pay JYJ by arbitration.
        It took over 6 months and as you can see, it failed to have mutual agreements. Obviously JYJ’s lawyers mustn’t have agreed with SM. (Who’d would want to agree to reduce the amount that their customer’d receive??)
        Based on this situation[that no one could find that SM had a true intention of having the case solved by this], many people guess that SM never wanted to have ‘proper’ arbitration for agreement, but just wanted to make the process as slow as possible by abusing anything they could bring up.

        For the application this time, no one knows the reason yet but intention doesn’t seem to be sincere because it was 8 days before the final date (and they already failed to have agreement in 2011). The best scenario we hope is that the court rejects it as 1) it’s now too late and 2) the arbitration in 2011 already failed so another one is not necessary. It’s very rare case that a party applies for this just before the final ruing dates so everyone was really surprised. Let’s wait for a couple of days as JYJ’s lawyers also have submitted other paperwork today. 🙂

      • I agree. When it comes to SMEnt, it’s just hard for us to believe that they’re indeed having a good faith to actually solve the case through a mutual agreement.

        I have no knowledge about the law system in Korea. But analizing by the fact that SMEnt had submitted four arbitration applications during 2011, it seems that the civil law there does not regulate a maximum number of arbitration applications that can be submitted for an ongoing case. Let alone the timeframe for its submission. This is actually important to avoid a long timeframe for a case to finish. Because I believe if SMEnt lost the case, they will go for court of appeal and go on to the supreme court. It’s still a long way to go to final victory.

        I’m praying with you, for the objection over arbitration application. 🙂

  4. 핑백: [INFO] 120711 SM’s lawyers applied for arbitration on July 11 « My Blog

  5. 핑백: [معلومات] محامو شركة SM قدموا طلب تحكيم في 11 يوليو «

  6. SM!!!!! I dislike you for this action and other mean action to JYJ…. to make them suffer… WHY?
    I don’t wanna make assumption about WHY… but I have already in my brain… and every one have it…It is so obvios…

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