尹柄喆 - Kim & Chang |金・張法律事務所

紹介

Byung-Chol (B.C.) Yoon is a partner at Kim & Chang’s International Arbitration & Cross-Border Litigation Practice.

Mr. Yoon has extensive experience in international arbitration and cross-border disputes. He has represented the firm’s clients in a broad range of fields such as mergers and acquisitions, overseas investments, construction and joint venture in more than 200 arbitration cases in various jurisdictions, under the rules of the ICC, LCIA, ICDR, SIAC, LMAA, JCAA and KCAB, as well as ad-hoc arbitration cases including UNCITRAL Arbitration Rule cases.

Prior to joining the firm, Mr. Yoon served as a judge at the Seoul District Court of Korea and taught as an adjunct professor at the Seoul National University College of Law. Mr. Yoon’s standing in the global arbitration community is reflected in the various positions he holds with leading global institutions; he is currently a court member of the London Court of International Arbitration (LCIA). He has also previously served as a court member of the ICC International Court of Arbitration, and member of the SIAC Board. He currently serves on the arbitration panels of ICSID, SIAC, ICDR, HKIAC and KCAB. In addition to his international career, his arbitration expertise has been highly valued in Korea where he was the President of the Korean Council for International Arbitration (KOCIA), playing a key role in promoting international arbitration and revising the KCAB’s International Arbitration Rules. At the same time, he served as the Secretary General of the Seoul International Dispute Resolution Centre (Seoul IDRC).

Mr. Yoon has been consistently ranked in the top tier as a star individual or leading individual for international arbitration and litigation practices by various notable legal directories including Chambers Global, Chambers Asia-Pacific, Legal 500, The International Who’s Who of Commercial Arbitration and Euromoney’s Expert Guides. He frequently speaks on international arbitration issues and also has contributed numerous articles in the same field.

Mr. Yoon received an LL.M. from Harvard Law School in 1995, and an LL.M. from the Seoul National University Graduate School of Law in 1993. He graduated from the Judicial Research and Training Institute of the Supreme Court of Korea in 1987, and received an LL.B. from the Seoul National University College of Law in 1985. He is admitted to the New York bar and Korean bar.

経歴

Court Member, Abu Dhabi International Arbitration Centre (arbitrateAD) (2024.2.-Present)

Court Member, London Court of International Arbitration (LCIA) (2020.6.-Present)

Member, ICC (International Chamber of Commerce) Commission on Arbitration and ADR (Alternative Dispute Resolution) (2021-Present)

Secretary General, Seoul International Dispute Resolution Center (2014.5.-2016.4.)

President, The Korean Council for International Arbitration (2014.4.-2016.3.)

Court Member, ICC International Court of Arbitration (2013-2019)

Member, ICSID (International Centre for Settlement of Investment Disputes) Panel of Arbitrators designated by the Republic of Korea (2009-2021.5.)

Member, Board of Directors, SIAC (2009-2013.4.)

Foreign Visiting Attorney, Davis Polk & Wardwell, Hong Kong & New York (1995-1996)

Kim & Chang (1992-Present)

Judge, Seoul Criminal District Court (1991-1992)

Judge, Seoul South District Court (1990-1991)

主な実績View All

M&A-related Disputes

One of the largest international arbitration involving a Korean party conducted under the auspice of the ICC to date, with a value in excess of USD 3 billion. Successfully represented Korea's leading conglomerates, along with two foreign consortium members, against a Korean government-affiliated agency in a dispute concerning the sale and control of a Korean financial services company. The arbitration was conducted in New York with the Korea law as governing law. * American Lawyer 2008: one of the top fifty contract disputes of the year with a projected value is excess USD 3 billion
Represented a US private equity fund in an ICC arbitration in London against the Korea Deposit Insurance Corporation arising out of the acquisition of Korea First Bank. The amounted claim was in excess of USD 950 million.
Defended a US private equity fund in an ICC arbitration seated in Singapore with Korean law as the governing 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 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 pharmaceutical company in an ICC arbitration in US against a Canadian-listed company asserting wrongful termination of development agreement of immunosupressor.

Disputes Involving Joint Venture Agreement and Shareholders’ Claim

Counsel for a major private equity fund in an ICC arbitration governed by Bermuda law with the arbitration seat in Tokyo against a Korean government-affiliated commercial entity.
Represented a Dutch client and its British parent company against their Korean joint venture partner in an ICC arbitration in Switzerland valued at over USD 40 million, in a dispute concerning the scope of operations of their joint venture 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 Korean steel company in ad hoc arbitration in Hong Kong regarding disputes arising under tax indemnification provisions in the share purchase agreement through which our client acquired the largest steel manufacturing company in Thailand.

Disputes Involving Construction, Shipbuilding, Power Plant, and Engineering Projects

Obtained a full victory for an international consortium led by one of the largest international rail and aviation companies against a Korean municipal government in an ICC arbitration seated in Seoul and governed by Korean law in a dispute relating to the construction of a railway system. The total value of the claims was in excess of USD 1 billion.
Defended a Korean construction company against a European consortium in an ICC arbitration seated in London and governed by Saudi Arabian law in a dispute arising from a construction project in the Middle East.
Represented a Luxembourg company in an ICC arbitration against a major Korean construction company in Korea in a dispute relating to the construction of a new port in Busan.
Counsel to a major Korean construction company in an ICC arbitration seated in Toronto, Canada and governed by Ontario law against multinational consortium in a dispute arising out of a power plant construction project in Madagascar. The amounted claim exceeds USD 190 million.
Acting for a Korean-based engineering and construction company in an ICC arbitration seated in London with English law as the governing law against a Middle Eastern company in a dispute arising out of a contract for the construction of power and desalination plants.
Counsel for a major Korean construction and engineering company in ad hoc arbitration in Singapore against an Indian government-affiliated petrochemical company demanding payment of a performance bond.
Represented a Korean shipbuilding company in a London ad hoc arbitration against a buyer in a dispute relating to the construction of drilling rig.
Represented a Korean rolling stock manufacturing company in an ICC arbitration against an Austrian buyer in a dispute relating to supply of rolling stocks.

Disputes Involving Technology License Agreement

Represented a gaming company as co-counsel 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 online gaming company in an ICC arbitration seated in Singapore and governed by Singapore law in a dispute with its Chinese licensee and distributor.
Represented a Japanese company against a claim by a Korean major electronics manufacturer for breach under a patent purchase agreement in an ICC arbitration governed by Japanese law with the seat of arbitration in Seoul, Korea.

Disputes Involving Purchase and Distribution Agreement

Represented a Korean company in LCIA arbitration seated in London and governed by English law against 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 Korean shipbuilding and trading company against its supplier and sub-buyer in parallel ad hoc arbitration proceedings in Hong Kong and Singapore respectively.
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 breach of the distributorship agreement.
Counsel to a major Korean engine manufacturer against a major European supplier in an ICC arbitration governed by English law with the seat of arbitration in London. The dispute involves an agreement relating to the supply and purchase of crankshafts used in the production of diesel engines for large marine vessels and the value of the claim is in excess of USD 50 million.
Represented a Korean company in an ICC arbitration in Singapore in a dispute concerning a contract for the manufacture and installation of steel processing equipment by a US company.

Cross-Border Litigations and Enforcement Proceedings

Currently advising a Korean major construction company in a dispute against a French government-affiliated company before the Administrative Court of Marseille relating to expert investigation for damages and indemnification for defects on the supplied products.
Defended a German-based automobile parts manufacturer against the action to set aside the arbitral award brought by its Korean joint venture partner in the Singapore High Court.
Advised a major Korean conglomerate against its former US distributor in US court proceedings for the enforcement of the arbitral award and related attachment of assets and rehabilitation proceedings.
Counsel to 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.
Counsel to a Korean chemical company against a German chemical company in setting aside proceedings in Korea and in enforcement proceedings in Germany concerning an award rendered in a KCAB arbitration.
Counsel to a Korean consumer electronics company in setting aside proceedings in Korea concerning an award rendered in an ICC arbitration, against an UAE electronics company.

主な活動View All

受賞等

The A-List: Korea’s Top Lawyers, Asia Business Law Journal (Vantage Asia, 2024)
Leading Lawyer, Lexology Index: Commercial Litigation (Lexology Index, 2023-2024)
Leading Lawyer, Who’s Who Legal: Korea, Commercial Litigation (Who’s Who Legal, 2023-2024)
Expert Guides: Commercial Arbitration (Expert Guides, 2021)
ALB Asia Super 50 Disputes Lawyers (Thomson Reuters, 2021)
Leading Individual, Chambers Global, Arbitration (International) - Global Market Leaders (Chambers and Partners, 2021-2023)
Litigation Star, Benchmark Litigation Asia-Pacific: International Arbitration (Euromoney, 2020, 2022-2023)
Leading Lawyer, Who’s Who Legal: Korea, Arbitration (Who’s Who Legal, 2019-2024)
The A-List: Korea’s Top 100 Lawyers, Asia Business Law Journal (Vantage Asia, 2019-2023)
Dispute Resolution Star, Benchmark Litigation Asia-Pacific: International Arbitration (Euromoney, 2018-2019)
Thought Leader, Who’s Who Legal: Arbitration (Who’s Who Legal, 2018-2019, 2023)
Leading Individual, The Legal 500 Asia Pacific: International Arbitration (Legalease, 2014-2018, 2020-2024)
Leading Lawyer, Asialaw Leading Lawyers: Dispute Resolution (Euromoney, 2014-2018, 2020-2023)
Leading Individual, Chambers Asia-Pacific, Dispute Resolution: Arbitration (Chambers and Partners, 2010-2024)
Leading Individual, Chambers Global, Dispute Resolution: Arbitration (Chambers and Partners, 2010-2023, 2025)
Special Recognition Award from the Ministry of Knowledge and Economy (2010)
Leading Lawyer, Lexology Index: Arbitration (Lexology Index, 2009-2022, 2025)
Special Recognition Award from the Korean Ministry of Strategy and Finance (2000)

著書/活動

Getting the Deal Through – Dispute Resolution: Korea Chapter (Co-author, Law Business Research, 2018-2019)
Understanding the Culture Challenge of Representing Korean Parties in International Arbitration, Dispute Resolution Journal, Vol. 72, No. 1 (Co-author, Juris, 2017)
50 Years Since Inception: The Recent Trends of the Korean Commercial Arbitration Board, Korean Arbitration Review, Sixth Issue (Co-author, KCAB, 2016.7.)
Seoul’s Strength for Place of Arbitration, Arbitration Journal, Vol. 345 (KCAB, Spring/Summer 2016)
The Amendments to the KCAB International Arbitration Rules, Arbitration Journal, Vol. 344 (Co-author, KCAB, Autumn/Winter 2015)
Key Provisions of the 2015 Amendments to the KCAB International Arbitration Rules, Korean Arbitration Review, 5th Issue (Co-author, KCAB, 2015.12.)
A Guide to International Arbitration for Korean Companies (in Korean), Revised Edition (Co-author, Ministry of Justice of Republic of Korea, 2014.12.)
The Legal System for International Arbitration of Korea, Korean Arbitration Review, 4th Issue (Co-author, KCAB, 2014.10.)
Current Status of the Inter-Korean Commercial Arbitration System - Organization and Operation of the Inter-Korean Arbitration Committee for Kaesung Industrial Region, Arbitration Journal, Vol. 341 (KCAB, Spring/Summer 2014)
A Guide to International Arbitration for Korean Companies (in Korean) (Co-author, Ministry of Justice of Republic of Korea, 2013.8.)
Arbitration in Korea, International Commercial Arbitration in Asia, 3rd Edition (Co-author, Juris Publishing, 2013)
International Arbitration and Dispute Resolution: Korean Perspective (Co-author, Kim & Chang, 2012)
Role of Korean Courts in International Arbitration, Korean Arbitration Review, 1st Edition (Co-author, KCAB, 2012)
Getting The Deal Through - Arbitration 2012: "SIAC" Section (Co-author, Law Business Research, 2012)
Financial Disputes and Arbitration, Arbitration Journal, Arbitration Journal, Vol. 336 (KCAB, Autumn/Winter 2011)
Getting The Deal Through - Arbitration: Korea Chapter (Co-author, Law Business Research, 2010-2018)
The Standards for Refusing to Enforce an Arbitral Award on Public Policy Grounds: A Korean Case Study, Asian International Arbitration Journal, Vol. 6, No. 1 (Co-author, Kluwer Law International, 2010)
Arbitration News Vol. 15, No. 1 (International Bar Association, March 2010)
The Current Practice of International Arbitration, Arbitration Journal, Vol. 328 (KCAB, Summer 2009)
Discovery in Investment Arbitration Involving Republic of Korea, Asian International Arbitration Journal, Vol. 4, No. 2 (Co-author, Kluwer Law International, 2008)
Cross-Border Dispute Resolution (Arbitration) “South Korea,” PLC Handbook (Co-author, Practical Law Company, 2008)
Legal Privilege in Korea, Asialaw, Vol. 5, Issue 2 (Co-author, Asia Law & Practice, 2007.6.)
The International Arbitration Rules of the Korean Commercial Arbitration Board, Asian Dispute Review (Co-author, HKIAC, 2007.4.)
Arbitration in Korea, International Commercial Arbitration in Asia, 2nd Edition (Co-author, Juris Publishing, 2006)
Appointment of Arbitrator in the International Arbitration, Arbitration Journal, Vol. 319 (KCAB, Spring 2006)
Arbitration in South Korea (Co-author, Aspatore Books, 2005)