Peter & Kim Secures Appellate Victory for the Republic of Korea

On 17 July 2025, Peter & Kim, working alongside Essex Court Chambers and Arnold & Porter, secured a victory for the Republic of Korea before the Court of Appeal of England and Wales.

The Court of Appeal reversed a prior Commercial Court judgment in a challenge brought by Korea under section 67 of the Arbitration Act 1996. The lower court had found that key provisions of the Korea-US Free Trade Agreement did not impose jurisdictional limits on South Korea’s offer to arbitrate and that South Korea’s challenge was not one relating to substantive jurisdiction under the Arbitration Act 1996. The Court of Appeal overturned this finding and remanded the matter back to the Commercial Court. South Korea was also awarded its legal costs for the appeal.

This successful appeal is a crucial step in South Korea’s effort to set aside the underlying award of approximately USD 48 million plus interest. Peter & Kim will continue to represent the Republic of Korea as the case proceeds.

The team included Partners Kap-You (Kevin) Kim and Ara Cho, Associates Sophie Oh, Sungryul Park and Grace Park.