International Arbitration

Overview

Kim Chang Lee is a leading law firm in the field of domestic and international commercial arbitration. Our attorneys have provided clients from around the globe with strategic advice on a wide variety of mechanisms to resolve disputes by consensual rules outside judicial systems, such as arbitration, mediation, conciliation and mini-trials. Based on our expertise accumulated over several decades and critical understanding of the legal issues involved in each case, we represent corporations, financial institutions and individuals in arbitrations in connection with commercial transactions, securities transactions, mergers and acquisitions, derivatives, insurance, joint ventures, product liability and intellectual property. In particular, we have deep experience in analyzing and providing strategic advice on post-closing disputes arising in connection with M&A transactions.

Our attorneys advise and represent clients throughout the entire arbitration process, from initial negotiations prior to formal proceedings, to the execution of the arbitration hearing and judicial proceedings relating to the recognition and enforcement of domestic and international arbitral awards. Kim Chang Lee also assists clients in negotiating, structuring and drafting arbitration provisions for commercial agreements in connection with various types of transactions, such as supply and distribution, mergers and acquisitions, joint ventures and technology transfers.

Our attorneys, who are equipped with the requisite communication skills required in this practice area, have represented Korean and foreign clients before major international arbitral institutions, including the international Court of Arbitration of the International Chamber of Commerce, the International Centre for Dispute Resolution of the American Arbitration Association and the Korean Commercial Arbitration Board. We are also able to effectively and timely respond to complex foreign law-related issues that arise in the course of international arbitral proceedings through cooperation with our extensive and close network of arbitration specialists at renowned foreign law firms around the globe. With expertise in the major international arbitration rules, our attorneys have successfully represented Korean and foreign clients in arbitrations involving numerous governing laws and places of dispute.

Representative Cases

    • Chinese insurance company in an ICC arbitration in Hong Kong involving a dispute over breach of representations and warranties and covenants in a share purchase agreement
    • Domestic shareholders in an ICDR arbitration in New York involving a dispute over breach of representations and warranties in a share purchase agreement
    • Advisory on commencement of arbitral proceedings and enforceability of arbitral award in a dispute between a US polysilicon manufacturer and domestic chemical products manufacturer
    • Advisory on withholding obligations in respect of a licensor’s royalty income under Korean tax laws, determination of beneficial owner of royalty income and other cross-border tax issues in an international arbitration between a domestic mobile phone manufacturer/seller and touchscreen software licensor
    • Domestic biopharma company in a KCAB arbitration involving an indemnity claim for withholding tax against a foreign consultancy
    • Preparation of an expert report on Korean law-related issues in a lawsuit before the US International Trade Commission between domestic secondary cell manufacturers involving infringement of trade secrets
    • Domestic IT company in an HKIAC arbitration against a Chinese investment company in a dispute involving acquisition of stock