Deemed Abandonment and Waiver of a Request for Arbitration

If a disputing party files a lawsuit with a court without declaring the existence of an arbitration agreement and the case is admitted, the other disputing party must submit the arbitration agreement before the first hearing of the court to challenge the jurisdiction of the court and request that the case be dismissed. 

The court that has admitted the case shall dismiss the case unless the arbitration agreement is held to be invalid. Provided if the other party fails to challenge the admission of the case before the first hearing, his failure will be deemed as an abandonment of the arbitration agreement and waiver of the right to arbitration, in which case the court will proceed with the hearing.