Pre-Disputes Counseling and Preemptive Measures

We assist our clients in every stage of a dispute, including the stages leading to the formal stages of the dispute. Armed with an across-the-board knowledge and expertise on procedural developments, we assess the client’s legal exposure and ensure that their chances of prevailing and obtaining a practical solution are maximized at every critical juncture of the proceedings.  The types of work we do in this area include: 

• Pre-dispute counseling (including settlement strategy)
• Pre-arbitral ADR (including negotiation, mediation, adjudication, DAB/DRB proceedings, etc.)
• Preliminary injunctive relief and preliminary attachment
• Applications to compel arbitration
• Applications for court assistance in taking or preserving evidence

International Arbitration

Kim & Chang has been at the vanguard of the international arbitration practice in Korea. Our Practice has gained widespread recognition for the number and size of the disputes it has undertaken, the complexities of the issues examined, and the broad range of clients and industries represented. Our lawyers have extensive experience in handling disputes in ad hoc proceedings and in arbitration under all the major arbitral institutions and rules.

In particular, with respect to the appointment of arbitrators, which is one of the most important proceedings in arbitration, our abundant experience allows us to protect our client’s interests by appointing the suitable arbitrator for the corresponding issue.

Settlement Assistance and Post-Award Actions

Beyond winning for our clients and delivering forceful advocacy, we also recognize that clients sometimes wish to explore settlement. In that regard, we have extensive experience in negotiating successful outcomes through international mediation. Furthermore, we recognize that actions after the arbitral award sometimes may be as, or more, important than the arbitral procedure itself. To that end we have advised and represented numerous enforcement proceedings for final arbitral awards, as well as set-aside actions in a number of courts in Korea and abroad.

Cross-border Litigation

Our International Arbitration & Cross-border Litigation Practice represents overseas clients in virtually every industry in the courts of Korea and before Korean government agencies in diverse areas including finance, securities, mergers and acquisitions, corporate governance, intellectual property, product liability and tort, corporate criminal cases, and government investigations. In addition, our litigators have significant experience consulting on litigation and government proceedings for Korean and overseas clients in complex legal proceedings involving multiple overseas jurisdictions, such as the US, Canada, China, Taiwan, UK, France, Germany, Russia, Japan, India, Hong Kong, Singapore, Thailand, Brazil, Libya, and Nigeria.

We offer custom-tailored services to clients facing international disputes in many different industry sectors, including the construction/engineering/infrastructure, manufacturing, finance, insurance/reinsurance, telecommunications, electronics, computer/software, gaming, entertainment, biomedical/pharmaceutical/healthcare/cosmetics, energy, shipbuilding, and national defense sectors.

Kim & Chang has an impressive track-record of successfully handling international disputes, consistently taking a representative role in numerous high-profile cases involving both overseas and domestic clients. Some of our most recent cases include:

M&A

• Represented a buyer in an ICC arbitration seated in Hong Kong and governed by Korean law in a dispute arising under a share purchase agreement to acquire a Korean toy manufacturing business for breach of representations and warranties.

• Represented a private equity investor in an ICC arbitration seated in Seoul and governed by Korean law, involving disputes arising from the acquisition by the client of a Korean fast food franchise business. 

• Represented one of Korea’s leading conglomerates and two foreign consortium members in an ICC Arbitration regarding the cancellation of a share sale and a call option regarding a Korean life insurance company with a claim amount excess of USD 3 billion.

• Represented a Korean automobile manufacturer acquired by a major US automotive company in an ICC arbitration governed by Korean law in Paris, involving a dispute over an indemnification claim for pre-acquisition recall-related damages.

• Represented a US private equity fund in two ICC Arbitrations seated in London, regarding the exercise of a put-back option arising from the acquisition of Korea First Bank with a claim amount of USD 950 million. 

• Defended a US private equity fund in an ICC arbitration seated in Singapore governed by Korean law against a USD 600 million-plus claim by another US private equity fund arising out of the acquisition of shares in a Korean credit card company.

• Represented a Singapore corporation in an ICC arbitration governed by Singapore law in Tokyo in a USD 40 million claim for breach of a stock purchase agreement. 

• Represented a French automobile manufacturer in an ICC arbitration in Seoul against Korean creditor banks on an indemnification claim for damages from a share transfer agreement. 

• Represented a Korean company in an ad hoc arbitration under the UNCITRAL rules which related to certain indemnity claims arising from the acquisition of a controlling interest in a Thai company. 

• Represented a Korean conglomerate in a multijurisdictional M&A dispute that involved two arbitrations – an ad hoc arbitration seated in Mumbai under the Indian Arbitration Act and an ICC arbitration seated in Zurich and related court proceedings in India. 

• Represented a French multinational company in AAA/ICDR arbitration proceedings in New York governed by New York law against three respondents in a dispute arising out of the purchase of Korean and Vietnamese auto-parts companies by our client.

• Represented a Korean conglomerate producing cosmetics and household products in an ICC arbitration governed by Japanese law, seated in Singapore, involving disputes in connection with a share purchase agreement for the purchase of a Japanese cosmetics company by our client.

Joint Venture Agreement & Shareholders’ Claim

• Represented four Claimants in a high-stakes, one of a kind ICC arbitration case, involving the exercise of put options valued at close to USD 2 billion in total. 

• Represented a Korean energy company in three ICC arbitration cases governed by New York law against an US energy company regarding defective equipment in hydrogen fuel cell power plants.

• Represented a major pharmaceutical company in an ICC arbitration seated in London and governed by Korean law, regarding the scope of a joint venture company and non-competition, with a claim amount of approximately USD 1.4 billion. 

• Represented a group of investors in an ICC arbitration seated in Korea, with Korean law as the governing law, against a public entity in Korea for breach of contractual obligations.

• Represented a US corporation specializing in the manufacture of highly engineered automotive gaskets and seals in a Singapore-seated ICC arbitration against its Korean joint venture partner and supplier regarding the parties’ joint venture agreement to operate a manufacturing company in Vietnam. 

• Represented a major Korean company in an ICC arbitration governed by Korean law with the seat of arbitration in New York regarding a joint venture dispute in excess of USD 200 million. 

• Represented a major private equity fund in an ICC arbitration in Tokyo governed by Bermuda law against a Korean government affiliated commercial entity. 

• Represented a Korean petrochemical company in a joint venture dispute under ICC rules regarding a long term supply agreement between Korean and US petrochemical companies. 

• Represented a US fund in a SIAC arbitration governed by Singapore law and seated in Singapore in a dispute in excess of USD 950 million involving the exercise of a call option over its controlling shares in a Korean life insurance company. 

• Represented a US insurance company in an ad hoc arbitration seated in London and governed by the Arbitration Act of 1996, valued at USD 30 million, relating to the determination of the call option price against the Korea Deposit Insurance Corporation in connection with a Korean life insurance company.

• Represented a German-based automobile parts manufacturer in a SIAC arbitration governed by German law with the arbitration seat in Singapore in a dispute concerning wrongful termination in a joint venture dispute. 

• Represented a major European auto-parts manufacturer against a Korean auto-parts manufacturer in an ICC arbitration relating to their joint venture company and confidentiality agreement.

Construction, Power Plant, Energy & Engineering Project 

• Represented a Korean infrastructure company against an executive branch of the South Korean Government in an ICC arbitration regarding a non-compete obligation of a public private partnership project for the construction and management of large scale bridges in Korea.

• Represented an international Engineering, Procurement, and Construction contractor company based in Korea, and its Philippines subsidiary construction company in two HKIAC arbitrations regarding a coal-fired power plant construction project in the Philippines.

• Represented a large Korean engineering and construction company relating to claims brought by another Korean Party in connection with one of the largest power and water projects in the Middle East.

• Represented a Korean construction company in an LCIA Arbitration, regarding 29 claims arising out of a nuclear power generator project situated in UAE.

• Represented a Korean contractor in an ICC Arbitration governed by Qatari law, regarding a dispute involving the construction of a natural gas pipeline in the Middle East with claims in excess of USD 8 billion.

• Represented a Korean shipyard in a Stockholm Chamber of Commerce arbitration related to the sale of a floating dock.

• Represented a Korean shipyard in an LMAA arbitration involving disputes arising from the engineering and construction of semi-submersible drilling rigs.

• Represented a Korean shipyard in an LMAA arbitration against a Greek shipping company in a dispute under a shipbuilding contract governed by English law for the building of an offshore construction vessel. 

• Represented an international consortium led by one of the world’s largest international rail and aviation companies against a Korean municipal government in an ICC arbitration seated in Seoul in a dispute on the construction of a railway system with a total value in excess of USD 1 billion. 

• Represented a Luxembourg company in an ICC arbitration against a major Korean construction company in Korea in a dispute on the construction of a new port in Busan. 

• Represented a French engineering company against a Korean government entity in an arbitration relating to a submarine cable construction project. 

• Represented a Korean energy company and its Gibraltar subsidiary in an ICC arbitration arising from a joint development agreement relating to oil exploration projects in Kazakhstan. 

• Represented a Korean shipyard in an LMAA Arbitration governed by English law, regarding technically complex facts and issues involving the construction of a semi-submersible rig with the total matter value of over USD 1.35 billion including the counterclaim.

• Represented a Korean subsidiary of a French supplier of industrial gases in an ICC Arbitration seated in Seoul and governed by Korean law with a matter value of USD 70 million, regarding the termination of a long term supply agreement for industrial gases to a steel plant in Korea.

Technology License Agreement 

• Represented a Korean renewable energy company in ICC Arbitrations seated in London and Singapore, regarding the transfer of technology for the production and operation of a fuel cell power plant.

• Represented a Korean MMORPG software company in an ICC Arbitration seated in Singapore and governed by Singapore law with a matter value of USD 120 million, regarding a license agreement, in which we demonstrated the respondent’s probable manipulation of sales data to significantly expand the claimant’s lost royalty claim amount.

• Represented a Korean company against a Germany company in an ICC Arbitration seated in Singapore regarding a breach of a technical license agreement.

• Represented a Korean chemical company in an ICC Arbitration seated in Singapore and governed by English law with a matter value of USD 49 million, regarding a project to co-develop and market a new type of slow release growth hormone product in more than 30 countries, including the US and countries in Europe.

• Represented a Korean subsidiary of an international ERP software company against a Korean IT company in an ICC arbitration seated in Seoul relating to license abuse. 

• Represented a global telecommunications company in an ICC arbitration in California against a Korean electronics and telecommunications research institute in a technology license dispute relating to the payment of royalties. 

• Represented a gaming company in a JCAA arbitration proceeding governed by Japanese law against a Korean online entertainment company in a dispute arising from a software sublicense agreement. 

• Represented a Korean MMORPG online gaming company in an ICC arbitration in Singapore governed by Singapore law in a dispute with its Chinese licensee and distributor. 

• Represented a Korean company in an arbitration proceeding applying Dutch law under the rules of the Netherlands Arbitration Institute at The Hague in a technology license dispute between a Korean and Dutch company. 

• Represented a Korean life sciences company in an ICC arbitration, governed by Canadian law and seated in Hawaii, arising from wrongful termination of a pharmaceutical license agreement by a Canadian pharmaceutical company (the licensor). 

• Defended a Korean engineering company against a European company in an ICC arbitration, including under the Emergency Arbitrator proceedings, in a dispute regarding engineering and intellectual property issues.

Purchase & Distribution Agreement

• Represented a Korean gas company in an ICC Arbitration against an Indonesian gas supplier regarding the price review of a long-term LNG sale and purchase agreement.

• Represented a Korean automobile manufacturer in an ICC Arbitration regarding a distributorship agreement with a Brazilian automobile distributor.

• Represented a Korean company in an ICC arbitration on an aircraft sale and purchase agreement regarding the failure to fulfil payment obligations and termination of rights.

• Represented a Korean automobile company in a dispute over a distributorship agreement in a KCAB arbitration seated in Seoul against a Jamaican dealer.

• Represented a Korean contractor in a KCAB Arbitration regarding a dispute in a refinery construction project in Iran.

• Represented a Korean company in LCIA arbitration in London governed by English law against a Swiss company in a dispute centered on questions of agency under English and Korean law and involving issues of fraud and conflicts of laws. 

• Represented a subsidiary of a major Korean conglomerate against its former US distributor in an AAA arbitration conducted in Seoul with Korean law under the ICDR rules in a dispute arising from a breach of the distributorship agreement. 

• Represented a major US pharmaceuticals company in an ICC arbitration in which its former distributer raised allegations of wrongful termination and negligent manufacturing. 

• Represented a US subsidiary of a Korean company in a Canada-Brazil Chamber of Commerce (CCBC) Arbitration seated in Sáo Paulo and governed by Brazilian law with a matter value of USD 30 million, regarding the collection of outstanding receivables and an exclusive distribution arrangement for the Brazilian market.

• Represented a Korean subsidiary of a global construction material supplier in an ICC Emergency Arbitrator proceeding on maintaining the status quo of a long term distribution agreement pending resolution of the dispute.

Treaty Investment

• Represented a Swiss investor in an investment treaty arbitration against the Republic of Korea relating to claims of breach of obligations to provide fair and equitable treatment.

• Provided aid as the lead counsel to the Korean government in the second ICSID arbitration case filed against Korea in relation to claims concerning tax treatment under the double taxation treaty between Korea and the Netherlands.

• Represented a Korean construction company against a sovereign government relating to claims for damages and indemnification for wrongful termination of several housing construction projects in the North African region. 

• Represented a Korean automobile parts manufacturer against a sovereign government in a dispute claiming damages and indemnification for the withdrawal of approval for investment in the Southwest Asia region. 

• Represented a Korean construction company relating to the recovery of contemplated investment in the Algerian petrochemicals industry. 

• Advised a Korean energy company undergoing a procedure of achieving an approval from a sovereign government for Korean company’s investment to an energy power plant project in India. 

• Advised a European company on investment arbitration issues under Investment Promotion and Protection Agreement between Korea and EU.

• Advised a Korean energy company against a sovereign government in a dispute related to an oil and gas development project.

• Advised a Korean financial company in a dispute arising from a breach of the Investment Promotion and Protection Agreement. 

• Advised a foreign investor preparing a Dispute Notice against the Chinese government regarding a breach of the Barbados-China BIT.

• Represented a Korean investor in a dispute under the Korea-China BIT against the Chinese government.

• Advised a Korean investor on the possibility to initiate a treaty arbitration against the government of Azerbaijan under the Korea-Azerbaijan BIT.

Sport

• Represented an owner of a Korean football team against Asian Football Federation Entry Control Body before the Court of Arbitration for Sport. 

• Represented a leading Korean athlete against International Gymnastics Federation before the Court of Arbitration for Sport.

• Represented an athlete facing doping charges from the International Olympic Committee before the Court of Arbitration for Sport during the Olympics.

• Represented a client in Court of Arbitration for Sport arbitration regarding a sanction imposed by FIFA.

• Represented two of Korea’s leading badminton athletes, Lee Yong Dae and Kim Ki Jung, in a Court of Arbitration for Sport arbitration against the Badminton World Federation, appealing suspensions for alleged doping regulation violations. 

Cross-border Litigations & Enforcement Proceedings

• Successfully defended nine Korean banks, and concluded a settlement, whereby the opposing parties withdrew their entire claims against the Korean banks without any payment in return.

• Represented a Korean company in a civil case at the Court of Moscow, Russia arising out of a license for aircraft software with a claim amount in excess of USD 50 million. 

• Represented a major Korean construction company in a dispute against a French government-affiliated company before the Administrative Court of Marseille relating to an expert investigation for damages and indemnification for defects on the supplied products. 

• Represented a leading Korean shipbuilding and offshore company against a Canadian company before Ontario Superior Court of Justice in a dispute arising out of a business venture relating to the marketing of wind turbines in Canada. 

• Represented a Germany-based automobile parts manufacturer against an action to set aside an arbitral award brought by its Korean joint venture partner in the Singapore High Court. 

• Represented a Korean automobile manufacturer acquired by a major US automotive company in set-aside proceedings before the Paris Court of Appeal concerning an award rendered in an ICC arbitration. 

• Represented a major Korean conglomerate against its former US distributor in US court proceedings for the enforcement of an arbitral award and related attachment of assets and rehabilitation proceedings. 

• Represented a Korean shipbuilding and trading company against its Chinese supplier in enforcement proceedings in China concerning an arbitral award in an ad hoc arbitration under the HKIAC rules conducted in Hong Kong. 

• Represented a Korean chemical company against a German chemical company in set-aside proceedings in Korea and in enforcement proceedings in Germany concerning an award rendered in a KCAB arbitration. 

• Represented a consortium led by a Korean company against the Taiwanese government in court proceedings and arbitration in Taiwan related to a supply contract. 

• Represented one of Korea’s biggest automobile manufacturers against a major Indonesian manufacturing company in court proceedings in Indonesia relating to a KCAB arbitral award regarding indemnification for damages dispute. 

• Represented a Korean company against Indian companies in enforcement proceedings in India related to GAFTA arbitral awards rendered in London. 

• Defended a Korean shipbuilding company against an application by the opposing party to appeal an arbitral award to the High Court of Justice of England. 

• Successfully set aside an arbitral award on jurisdictional grounds at the Korean Supreme Court.