Mediator Resume

Highly acclaimed International legal advisor with over 45 years of experience counseling international corporations on complex cross-border transactions and dispute resolution. Extensive expertise in structuring and negotiating sophisticated agreements, including shareholders’ agreements, joint ventures, mergers and acquisitions, and financial transactions, including derivatives. Renowned for managing complex disputes, with a strong focus on post-M&A disputes, across diverse industries such as manufacturing, software, energy, pharmaceuticals, technology, finance, cryptocurrency, and high value infrastructure projects. Substantial experience in advising clients in the negotiation of settlement agreements in such disputes.

Twenty Essex, London & Singapore - Independent Arbitrator

Attorney; Arbitrator; Consultant; Educator; Public Official

Arbitrator, Twenty Essex Chambers, 2021 - Present; Chairman of KCAB International 2018 - 2022; Chairman, Korea Trade Commission 2016 - 2019; Professor of Law, Seoul National University School of Law, 2007 - 2017; Partner, Kim & Chang (Seoul, Korea), 1980 - 2007; Judge Advocate, Ministry of Defense, Republic of Korea, 1977 - 1980.

Extensive experience in international business transactions, dispute resolution, and public service, built on a distinguished career as legal counsel, academic, public official and arbitrator. A former long-time partner of a leading Korean law firm, with practice spanning cross-border mergers and acquisitions, joint ventures, shareholder agreements, technology licensing, complex financial transactions (including derivatives), and high-value commercial disputes. Advised international clients in negotiating joint ventures with Korean partners, and in acquiring or divesting major stakes in Korean companies across diverse industries such as energy, oil and gas, telecommunications, and pharmaceuticals. Guided clients through settlements negotiations in disputes with local partners in sectors including chemicals, pharmaceuticals, cosmetics and finance (including insurance and derivatives), as well as in major infrastructure projects. Represented clients in disputes with procurement agencies involving defense products. Notable recent experience as arbitrator in high-stake disputes in the cryptocurrency industry, which ultimately resulted in successful settlements. Representative issues with substantial experience as counsel and arbitrator include, among others, termination of shareholders’ agreements and claims for breach of shareholders’ or joint venture agreements, exercise of put/call options and their valuation, termination of M&A agreements due to different positions taken concerning condition precedents, post-M&A price adjustment disputes, warranty and indemnification claims, liquidated damage claims arising from major infrastructure projects, scope of licensed products, claims for damages due to breach of non-competition obligations, warranty claims due to failure of guaranteed performance of renewable energy facilities between the project owner and contractor, and product defects claims.

Acted as mediator in matters concerning software licensing and e-commerce transactions.

Contract disputes relating to the scope of software license; liability for defects of products; consumer protection laws.

Grounded in attentive listening and a structured, interest-based approach. At the outset, I meet with each party separately to understand their core frustrations, underlying concerns, and ultimate objectives. These initial conversations are conducted with empathy and confidentiality, creating a foundation of trust and openness. Following the initial round of meetings, I typically conduct a second round of discussions with each party to explore what each party hopes to achieve from the mediation process itself. This allows me to guide the parties toward constructive thinking, with the aim of fostering a mutually beneficial outcome. A key goal of my approach is not only to reach settlement, but also to help the parties move forward with a sense of closure, ideally restoring their relationship, or at the very least, reducing any lingering animosity. While I primarily adopt a facilitative approach, I occasionally employ evaluative techniques in private sessions where appropriate, and always with discretion. I encourage parties to identify and rank the key issues at stake, which often provides clarity and helps shape a framework for compromise. This exercise can be instrumental in crafting a balanced, interest-based resolution that reflects each party’s priorities. Overall objective is to create a safe, respectful environment where parties feel fairly heard and are motivated to collaborate toward a practical and lasting resolution.

Technologically proficient, with experience using platforms such as MS Teams and Zoom for virtual proceedings. Open to fully remote, paperless arbitration and mediation sessions.

Yale Law School (J.S.D.-1990; LL.M. - 1983); Seoul National University (LL.M., summa cum laude - 1981; LL.B. - 1975); Judicial Research and Training Institute, Supreme Court of Korea (summa cum laude, 1975 - 1977).

Admitted to the Bar: Republic of Korea (1981).

Korean Bar Association; Seoul Bar Association; International Council for Commercial Arbitration; Korean Mediation Society.

Recent Publications The anti-arbitration injunction under Korean law: the Korean Supreme Court Decision of 2018”, Arbitration International, Volume 39, Issue 2, June 2023 (co-authored); “How Does International Arbitration Fare in a World Creeping Towards Unilateralism, Protectionism and Nationalism?”, in Arbitration’s Age of Enlightenment? (ICCA Congress Series No. 21, Edinburgh 2022, Wolters Kluwer, 2023); “ICSID Administrative and Financial Regulations” in “ICSID Rules and Regulations 2022, Article-by-Article Commentary” (co-authored, Happ and Wilske eds., Verlag CH.H. Beck, 2022); “Balancing the Protection of Foreign Investors and States’ Responses in the Post-Pandemic World: Perspectives from Korea” in “Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World (co-authored, Y. Levashova and P.A. Lorfing, eds., Wolters Kluwer, 2022); “Explore the Synergy of Dispute Prevention Tools and Mediation” in “The Use of Mediation in ISDS” in ‘‘Proceedings UNCITRAL Working Group III on ISDS Reform” Inter-Sessional Meeting, 28-29 October 2021, Hong Kong SAR, China (Asian Academy of International Law, Cambridge University Press); “The Potential for Arbitrators to Also Act as Mediators for Facilitating Settlement of Disputes” in ‘‘Proceedings UNCITRAL Working Group III,” 9 November 2020, Hong Kong SAR, China (Asian Academy of International Law, Cambridge University Press); Korean chapter in ‘‘The UNCITRAL Model Law and Asian Arbitration Laws” (G. Bell ed., 2018, Cambridge University Press). Speaking Engagements Panelist on “Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting” in 44th ICC Institute of World Business Law, Annual Conference, November 13, 2024, Paris, France; Panelist on “Insights from the Institution”, a conversation with the LCIA, October 31, 2024, Seoul, Korea; Keynote speaker, “The Tomorrow of Arbitration: Efficiency, Integrity, and Diversity”, Hong Kong International Arbitration Center, Seoul Conference, September 5, 2024, Seoul, Korea; Speaker in the Plenary Session of ICCA Congress 2022 on “Arbitration’s Age of Enlightenment… and Adaptation?”

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $300.00/hr Cancellation Period: 7 Days Comment: Intend to charge for expenses incurred for international travel if an overseas travel out of Seoul, Korea is required for a hearing, such as airplane fare on business class, reasonable accommodation expenses. Time spent for an international travel will be waived.

English; Korean

Korea Republic of

Korea Republic of