Article 35Examination of Evidence by the Court

①An arbitral tribunal or party may petition the court to implement the commission of an investigation, examination of a witness, examination by an expert, examination of documentary evidence (excluding the examination which the parties conduct in the documents which they submit) and observation (excluding the observation in which the parties present the subject matter) provided for in the provisions of the Code of Civil Procedure and found necessary by the arbitral tribunal; provided, however, that this does not apply to cases in which the parties have agreed not to petition the implementation of all or part of these procedures.

②In order to file a petition referred to in the preceding paragraph, the party must obtain the consent of the arbitral tribunal.

③Notwithstanding the provisions of Article 5, paragraphs (1) and (2), the case subject to the petition referred to in paragraph (1) is under the exclusive jurisdiction of the following courts:

④An immediate appeal may be filed against the decision on the petition referred to in paragraph (1).

⑤If the court implements the examination of evidence upon the petition referred to in paragraph (1), an arbitrator may inspect the document, verify the subject matter of the observation, or may ask the witness or expert (meaning the expert provided for in Article 213 of the Code of Civil Procedure) questions by obtaining the permission of the presiding judge.

⑥A court clerk must prepare records concerning the examination of evidence to be implemented by the court upon the petition referred to in paragraph (1).