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Expertise

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International Arbitration

Lee & Ko’s International Arbitration & Cross-Border Litigation Practice Group has been successfully representing both domestic and foreign clients in some of the most complex and high-value matters in the world. Our clients have included companies in industries as varied as oil and gas, chemical, apparel, defense, automobile, banking, manufacturing, securities, telecommunications, aviation, construction, steel, shipbuilding, IT, consumer electronics and pharmaceutical. 

Our first involvement in international arbitration began over twenty years ago with a dispute involving the development of a nuclear power plant, which was considered one of the largest institutional arbitrations in Asia. Since then, we have been at the forefront of international arbitration handling disputes before major arbitral institutions, including the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Center for Dispute Resolution/American Arbitration Association (ICDR/AAA), Singapore International Arbitration Center (SIAC), and Korean Commercial Arbitration Board (KCAB), as well as ad hoc arbitrations under UNCITRAL and other rules.

Our group includes highly trained common and civil law practitioners who work together as an integrated team. They not only have the advocacy skills essential in international arbitration/cross-border litigation, but also understand the cultural differences and subtleties of the parties and witnesses from various countries. We offer a unique blend of experience, knowledge, skills and resources that is rarely found within one law firm.
Expertise
  • Construction/Energy Disputes
  • Sports Arbitrations
  • Foreign Investment/M&A/Joint Venture Agreement Disputes
  • Maritime/Shipping/Aviation Disputes
  • Finance/Securities/Capital Market Disputes
  • Commercial Transactions/Distribution Agreement/Purchase & Sale Agreement Disputes
  • Product Liability Disputes
  • Intellectual Property Disputes
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Major Cases
▶ Construction/Energy Disputes
  • Represented a large Korea-based electronic company against a Saudi Arabia-based construction company in an ICC arbitration involving a Qatar construction project
  • Represented a Korean government entity in its dispute against a French reactor supplier in relation to a domestic nuclear power plant project 
  • Represented a major Korea-based construction company against a large Brazil-based boiler manufacturer in an ICC arbitration involving a Thai power cogeneration project dispute
  • Represented a major Korea-based construction company against a Thai power generator company in an ICC arbitration involving an Off-Shore Contract dispute
  • Represented a Korean consortium against a U.S. energy development company in an ICC arbitration involving the valuation of oil deposits
  • Represented the Korea National Oil Corporation in an ICC arbitration involving an Egyptian KHALDA oil project dispute 
  • Represented a major Korea-based construction company against an UAE-based construction company in an ICC arbitration involving a dispute on the evaporator
  • Represented a major Korea-based construction company against an UAE-based construction company in an ICC arbitration in relation to the supply of an Iranian TAVAZON pusher car
  • Represented a large Korea-based construction company against a France-based construction company in an ICC arbitration involving dredging work for a new port project in Busan
  • Represented a major Korean construction company in an ICC arbitration involving a development project of the Seongmun National Industrial Complex 
  • Represented a leading Korean alternative energy company against a Danish wind-power equipment manufacturer in a KCAB arbitration over the interpretation of the contract as well as technical aspects of wind-power equipment
  • Represented a client against a major copper sales company in a Stockholm arbitration involving a breach of contract claim
  • Acted as counsel in an ICC arbitration between an international construction company and a UK boiler manufacturer
  • Represented a combined cycle power plant company against a construction company in a KCAB arbitration involving damages for delay in construction
  • Represented a Korean energy company against a Chinese company in a KCAB arbitration involving alleged breach of a petroleum purchase agreement
  • Provided legal counsel to a major Korean construction company for subrogation litigation in Singapore in relation to a construction project
  • Provided legal counsel in the form of a legal report, etc. in a dispute involving the Colombian PMD Project Bid

▶ Sports Arbitration
  • Represented Tae Hwan Park, a Korean athlete in the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland related to a ban from participation in the Rio Olympic Games 

▶ M&A/Joint Venture Agreement/Investment Disputes
  • Represented a Korean conglomerate against a Japanese company in an ICC arbitration concerning the acquisition of a major Korean insurance company
  • Represented a multinational corporation in an ICC arbitration concerning a shareholders agreement
  • Acted as counsel in an ICC arbitration between a Korean IT company and a multinational IT corporation involving an M&A dispute
  • Acted as counsel in an ICC arbitration between a Korean governmental entity and a joint venture company based in Bermuda concerning the distribution of dividends and bond payments (claim amount: USD 35 million)
  • Represented a Korean governmental entity in two consecutive ICC arbitrations against a leading Korean bank and a large U.S.-based private equity fund involving indemnity obligations
  • Represented a Swiss company in an ICC arbitration against a Korean company concerning a convertible bond agreement
  • Represented a multinational corporation in an ICC arbitration against an affiliate of a leading U.S. financial institution concerning the sale of non-performing loans and the settlement of payments between the parties
  • Acted as counsel in a KCAB arbitration involving disputes arising out of a breach of a joint venture agreement and a technology license agreement 
  • Represented a Swiss company in an ICC arbitration against the major shareholders of a Korean company concerning a call option agreement

▶ Maritime/Shipping/Aviation Disputes
  • Acted as counsel in an LMAA arbitration between a major Korean financial institution, Hong-Kong based carrier, and a large Korea-based shipping company involving a shipbuilding dispute 
  • Acted as counsel in an ICC arbitration between a major Korea-based insurance company and a multi-national insurance company regarding collection of reinsurance payment 
  • Acted as counsel in an ICC arbitration between a Korean shipping company and an international construction company with respect to a joint-venture agreement 
  • Acted as counsel in an ICC arbitration between a Korea-based construction company and a Luxemburg company
  • Acted as counsel in an ICC arbitration involving international steel companies regarding a demurrage dispute 
  • Represented a European helicopter manufacturer in a lawsuit for damages resulting from a helicopter crash 
  • Represented a Chinese airline in settlement negotiations and multiple lawsuits relating to a plane crash in Korea that killed 129 passengers 
  • Represented a major Korean company in a litigation involving a helicopter crash
  • Represented a major Korean airline in a litigation involving an airplane crash in Guam 
  • Represented a client in a litigation involving a Chinese airplane crash at Kimhae airport in Korea
  • Represented a client in a litigation involving theft of gold bars during air transportation by a Chinese airline
  • Represented a client in a case on admissibility of evidence regarding Tilt Watch/Shock Watch 
  • Represented a client in a case regarding physical harm to a passenger in an Singaporean airplane
  • Provided legal counsel in connection with a litigation involving a French airplane crash near the Brazilian territorial waters 
  • Provided legal counsel in connection with a lawsuit involving a Cambodian airplane crash 
  • Provided legal counsel in connection with a matter involving a theft of semiconductor products shipped by a major airline in Germany 
  • Provided legal counsel to one of the largest shipping company in Korea in a Taiwanese litigation involving a wet cargo claim 
  • Provided legal counsel to a major Korean insurance company in a UK based lawsuit involving RG insurance
  • Provided legal counsel to a major Korean insurance company in a US based lawsuit
  • Provided legal counsel to a major Korean airline company in a lawsuit in Iran

▶ Finance/Securities/Capital Market Disputes
  • Acted as counsel in an LCIA arbitration between Heungkuk Life and Goldman Sachs concerning a securities dispute
  • Acted as counsel in an ICC arbitration between the Korea Deposit Insurance Corporation and Cheil Bank/Newbridge concerning a sale of shares dispute
  • Acted as counsel in an ICC arbitration between Hanwha Corporation and Orix Corporation concerning a valuation of stocks and payment dispute
  • Acted as counsel in an ICC arbitration between Resolution & Finance Corporation (n/k/a KRNC) and LSF-KDIC Investment Co., Ltd. concerning a shareholder dispute for the payment of sale of Busan Cargo Terminal (Lone Star arbitration) 
  • Represented major Korean banks in a Chinese lawsuit on letter of credit claims
  • Represented a client in an international lawsuit involving CDO investment 
  • Represented a client in a Thai Baht total return SWAP lawsuit, which is the largest litigation regarding international derivatives transaction during the 1998 Asian financial crisis 
  • Represented a bank in the KIKO injunction proceedings and litigations, obtaining the first decision to dismiss the injunction and judgment in favor of the client
  • Acted as counsel in a matter involving debt claims against affiliates of Lehman Brothers in relation to the Lehman Brothers’ bankruptcy 

▶ Commercial Transactions/Distributorship Agreement/Purchase & Sale Agreement Disputes
  • Represented a major Korea-based IT company against a multi-national IT company in an AAA arbitration involving a distributorship agreement dispute 
  • Represented a Korea-based trading company against a Brazilian company in an AAA arbitration in respect of a sales agreement dispute 
  • Represented a leading manufacturer of ATMs in an ICDR arbitration involving the interpretation of a distributorship agreement and trademark rights
  • Represented a major Korea-based trading company against a Chinese manufacturer in a CIETAC arbitration in respect of a steel sales agreement dispute
  • Represented a large Korea-based company against a Japanese chemical company in a JCAA arbitration involving a distributorship agreement dispute 
  • Acted as counsel in an ICC arbitration between Korean electronic devices company and a U.S. power company involving a dispute on termination of distributorship agreement
  • Represented a global engineering & construction company against a UK residential boiler manufacturer & supplier in an ICC arbitration
  • Represented a large Korea-based trading company against a major German company in an ICC arbitration involving an L/C dispute
  • Represented a multi-national steel company against an Australian steel company in an ICC arbitration with respect to a copper ore agreement dispute
  • Represented a major international power company against a Saudi company in an ICC arbitration involving the wrongful termination of a distributorship (claim amount: USD10 million)
  • Represented a major Korean automobile company against an Oman-based manufacturer in an ICC arbitration in respect of a distributorship agreement 
  • Represented a major Korea-based automobile company against a major U.S.-based manufacturer in an ICC arbitration involving an indemnity agreement dispute 
  • Represented a Korea-based telecommunications company against a Chinese software development company in an ICC arbitration involving a cellphone parts sales agreement dispute 
  • Represented a global pharmaceutical company in an ICC arbitration involving compensation following the termination of an exclusive distributorship agreement (claim amount: USD14 million)
  • Acted as counsel in an ICC arbitration between a major weapons manufacturer and a European weapons manufacturer involving the interpretation of contracts and misappropriation of proprietary information
  • Represented a Korean engineering and construction company in an ICC arbitration against a Luxembourg company involving the analysis of legal relationships in the chartering of dredging vessels and interpretation of various Korean statutes and international treaties
  • Acted as counsel in a KCAB arbitration involving one of the largest steel companies in the world in a demurrage dispute
  • Represented a major international power company in an ICC arbitration over the cancellation of a distributorship agreement in the Middle East (claimed amount: USD100 million) 
  • Represented an Asian telecommunications company in an ICC arbitration against a U.S. telecommunication company involving a breach of contract claim (claim amount: USD15 million)
  • Represented a steel company against a U.S. supplier in a KCAB arbitration involving a claim for damages for a breach of contract
  • Acted as counsel in an ICC arbitration between a German semiconductor and a LCD exhaust gas cleaning system manufacturer involving a dispute on a breach of non-compete clause
  • Represented a Korean medical appliances manufacturer against a Dutch company in an ICC arbitration involving an exclusive sales contract
  • Acted as counsel in a KCAB arbitration between a steel company and a U.S. supplier involving a claim for damages arising from a breach of contract
  • Represented a Korean chemical company against a U.S. manufacturing company in a U.S. lawsuit concerning supply of defective products
  • Provided legal counsel in numerous disputes involving termination of agency/distributorship agreements (involving pharmaceutical products, medical devices, electronic devices, clothing, vessel parts and semiconductors, etc.) 

▶ Product Liability Disputes
  • Represented a major Canadian industrial equipment manufacturer in an ICC arbitration involving indemnification for products liability
  • Represented a systems integration company against a Japanese integration company in a JCAA arbitration

▶ Intellectual Property Disputes
  • Acted as counsel in an LCIA arbitration between a Korean pharmaceutical company and a Russian pharmaceutical company concerning a license agreement
  • Represented a multinational electronics manufacturer against its Japanese competitor in LCD patent infringement lawsuits in Korea, U.S., Japan, Germany, Netherlands and, etc.
  • Represented clients in patent infringement cases involving Korean companies and multinational companies before the U.S. International Trade Commission and Federal Courts 
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