Kevin
Kim

LL.B, LL.M
Partner

kevinkim@peterandkim.com +82 10 2021 0024
Bar admission
Republic of Korea, 1988; New York, 1995
Nationalities
Korean
Languages
Korean, English, Japanese
Location
Seoul

PROFESSIONAL
PRACTICE

Kap-You (Kevin) Kim is a senior partner at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he worked for the past three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group.

Over the past 30 years, Kevin has acted as counsel, presiding arbitrator, co-arbitrator or sole arbitrator in more than 300 cases of international arbitrations under various arbitration rules. Presently, he is involved in several investment and commercial arbitrations.
Among other positions that he holds, Kevin is an Advisory Board Member of the International Council for Commercial Arbitration (ICCA), the Chairman of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Committee and an adjunct professor at the Seoul National University Law School.

In the past, Kevin has served as the Vice President of the ICC International Court of Arbitration (2014 – 2021), Secretary General of ICCA (2010 – 2014), member of the LCIA Court (2007 – 2012) and Vice Chair of the IBA Arbitration Committee (2008 – 2010).

Areas of
Expertise

  • Arbitration / Litigation
  • Investments & BITs
  • Trade law and WTO
  • Project Finance
  • Mergers & Acquisitions
  • Distribution / Agency
  • Joint Ventures / Consortia

Industry
Sector

  • Energy & Power Icon Energy & Power
  • Oil Icon Oil
  • Gas Icon Gas
  • Pharmaceutical & Biotech Icon Pharmaceutical & Biotech
  • Automotive & Heavy Industry Icon Automotive & Heavy Industry
  • Construction & Engineering Icon Construction & Engineering
  • Transportation, Logistics & Shipping Icon Transportation, Logistics & Shipping
  • Shipbuilding Icon Shipbuilding
  • Real Estate Icon Real Estate

Who’s Who Legal (2020) says: “Kap-You (Kevin) Kim ‘is a key figure in the Korean arbitration market’ who has built ‘a strong network of arbitrators and practitioners’ and is widely considered ‘a statesman in the market’.”

Chambers (2019) says: “Both a leading practitioner domestically and ‘highly regarded internationally’, ‘widely acknowledged as a pioneer in international arbitration in Korea and a very highly regarded individual’.”

Chambers Asia (2006-2019) also reports: “One of the most respected figures in the Asian arbitration.”

  • Counsel to a global real estate developer in an ICC arbitration seated in Korea, involving a dispute arising from a large real estate development project in Korea and its financing, securing a win on all claims made against a Korean global real estate developer in the aggregate amount of over USD 2 billion.
  • Counsel in a successful, high-profile ICC arbitration involving a dispute among shareholders for control over a major Korean oil refining and marketing company, with the underlying claims valued at over USD 3 billion (or USD 5 billion including counterclaims). The arbitration award won GAR’s “Arbitration Win of the Year” in 2011.
  • Counsel in an ICSID arbitration under the Korea-Belgium/Luxembourg BIT, involving a claim against the Government of Korea and securing a favourable award in the aggregate amount of over USD 5 billion.
  • Counsel in an ICC arbitration involving a dispute arising from the repair works of natural gas marine plants in Qatar, which ended in favourable settlement for the client, with more than USD 8 billion in dispute.
  • Counsel in a successful high-value LCIA arbitration seated in London, involving a dispute arising from the procurement, construction and commissioning of the first nuclear power station in the United Arab Emirates.
  • Counsel in an ICC arbitration involving claims by a multinational private equity firm against a Korean bank in the amount of over USD 1.2 billion and securing a favourable award for our client.
  • Counsel in an investment treaty arbitration filed by Swiss-based elevator maker Schindler against the Government of Korea, in connection to its investment in Hyundai Elevator.
  • Counsel to a US private equity firm in a Singapore seated ICC arbitration seeking successfully economic damages against two financial institutions (settled).
  • Counsel in a successful ICC arbitration seated in Toronto, involving a dispute arising from the engineering and construction of a major mining and processing plant project in Madagascar, Africa.
  • Counsel in a successful ICC arbitration seated in London, involving a dispute arising from the construction of a combined cycle power plant in Jordan.
  • Counsel in a SIAC arbitration seated in Singapore, involving a dispute arising from the engineering, procurement and construction of a heavy rail-based urban transit system in Vietnam.
  • Counsel to a major retail company in a US litigation in Guam, USA. The dispute related to a concession agreement for exclusive rights to operate duty free stores at the international airport in Guam.
  • Counsel in an LCIA arbitration seated in London. The dispute was related to the engineering and construction of several ultra-deepwater drillships and a semi-submersible rig.
  • Counsel in a SIAC arbitration seated in Singapore, involving a dispute relating to manufacture and sale of structural steel for use in the construction of a large-scale civil engineering project.
  • Counsel in an ICC arbitration involving a claim of over USD 500 million in connection to a dispute relating to the payment of royalties for wireless telecommunications technology.
  • Counsel in an ICC arbitration seated in Singapore, involving a Post-M&A dispute over the purchase of shares in a hypermarkets chain in China and securing a favourable award for our client.
  • Counsel to a major telecommunications company in an ICC arbitration involving a dispute over the ownership of a highly sophisticated and complex telecommunications device.
  • Counsel in an ICC-arbitration involving a dispute over an alleged unauthorized use of high-value proprietary enterprise resource planning software in breach of contract.
  • Counsel in an arbitration involving a dispute arising from the prospective sale of shares in a major multiplex facility in Korea pursuant to the provisions of a complex shareholders’ agreement.
  • Counsel in a consolidated HKIAC arbitration involving a post-M&A dispute over the sale of shares in a major logistics company between two global private equity firms.
  • Counsel in an HKIAC arbitration involving a post-M&A dispute over the sale and purchase of shares between a Hong Kong entity and two Korean venture capital investment funds.
  • Counsel in an ICC arbitration involving a dispute over the design, marketing and sale of golf club memberships and luxury real estate on a man-made island in the Yellow Sea.
  • Counsel in an arbitration involving a dispute over the relocation of a major US military base from downtown Seoul to a satellite city.
  • Counsel in an ICC arbitration involving a dispute arising from a contract between a Korean automobile manufacturer and the largest automobile company in the United States concerning the transfer and use of technology.
  • Counsel in an arbitration involving a dispute between Korea’s largest gas corporation and its former joint venture partner (UK listed entity) regarding the development of a gas field in Western Iraq on the Syrian border.
  • Counsel in an ICC arbitration between two welding product companies regarding a dispute over a control of a Chinese joint venture company.
  • Counsel, together with US co-counsel, in defending two large financial institutions in a class action lawsuit involving allegations of securities fraud and seeking damages in excess of USD 600 million.
  • Counsel in an ICC arbitration involving a dispute arising from a distributorship agreement between one of the world’s largest manufacturers of medical products and one of Korea’s most prominent publicly-listed pharmaceutical companies.
  • Counsel in an ICC arbitration between Korea’s largest engineering and construction company and a major German membrane roof construction company, involving a dispute over the roof construction of one of the football stadiums that hosted the 2002 World Cup matches.
  • Counsel to a football club in a claim against a player’s agent in proceedings before the FIFA Player’s Status Committee and the Court of Arbitration for Sport (CAS) arbitration.
  • Counsel to the president of the Badminton World Federation in organizational disputes between the Badminton World Federation and other regional federations. The dispute related to the governance of the Badminton World Federation.
  • Counsel in an ICC arbitration between one of Korea’s largest automobile manufacturers and one of the largest automobile distributors in Oman, involving a dispute arising from a distribution agreement.
  • Counsel to a prestigious Hong Kong-based private equity firm in an ICC arbitration involving a claim against one of Korea’s largest confectionary companies. The dispute related to the sale of a leading chain of convenience stores based in Korea.
  • Counsel to 16 creditors of a former Korean passenger vehicle manufacturer and distributor in an ICC arbitration over a dispute involving transfer of assets against, among others, the largest French automobile manufacturer and distributor.
  • Arbitrator in a SIAC arbitration seated in Singapore, involving a dispute arising out of an insurance claim under a trade credit insurance policy for the sale of steel.
  • Arbitrator in a KCAB international arbitration involving a dispute concerning the sale, shipment and installation of a production system for printed circuit boards in Vietnam.
  • Arbitrator in a KCAB international arbitration involving a dispute arising from a contract regarding the sale of medical equipment between a Dutch and a Korean company.
  • Arbitrator in a KCAB international arbitration regarding a dispute over the sale of LED panels and associated equipment.
  • Arbitrator in a KCAB international arbitration regarding a dispute over the sale and shipment of scrap polymer packaging film.
  • Presiding arbitrator of an ICSID ad-hoc annulment committee in relation to an investment arbitration award regarding Spain’s renewable energy policy.
  • Presiding arbitrator in an ad-hoc arbitration conducted under the UNCITRAL Arbitration Rules 1976, relating to an infrastructure operating contract between a state-entity of the Philippines and a private party.
  • Senior Partner, Peter & Kim (2019 – present)
  • President, KCAB International Arbitration Committee (2017 – present)
  • Advisory Governing BoardMember, International Council for Commercial Arbitration
    (ICCA) (2019 – present)
  • Vice President, ICC International Court of Arbitration (2014 – 2021)
  • Secretary General, International Council for Commercial Arbitration (ICCA) (2010 – 2014)
  • Adjunct Professor, Seoul National University Law School (2020 – present)
  • Editorial Board Member, Global Arbitration Review (2009 – present)
  • Partner and Senior Partner, Bae, Kim & Lee LLC (1996 – 2019)
  • Council Member, American Arbitration Association (AAA) (2009 – 2020)
  • Vice Chair, Arbitration Committee, International Bar Association (IBA) (2008 – 2010)
  • Court member, London Court of International Arbitration (LCIA) (2007 – 2012)
  • Harvard Law School (LL.M., 1994)
  • Judicial Research and Training Institute, Supreme Court of the Republic of Korea (1986-1988)
  • Seoul National University Law School (LL.M., 1988)
  • Seoul National University Law School (LL.B., 1985)
  • Korean and Seoul Bar Associations
  • New York Bar Association
  • Panel of Arbitrators/Mediators/Experts: KCAB, JCAA, ICSID, SIAC, HKIAC, KLRCA, SCIA, BAC, MIAC, VMC, ICANN, SHIAC, VIAC, BIAMC
  • Arbitration World – South Korea Chapter

    Co-author, Thomson Reuters, 2019

  • GAR Know-how – Litigation

    Co-author of the Korea section, Global Arbitration Review, 2016 – 2019

  • The International Comparative Legal Guide to: Litigation & Dispute Resolution

    Co-author of the Korea chapter, Global Legal Group, 2016 – 2019

  • The Procedural Benefits of Arbitrating Patent Disputes

    Co-author, Journal of Arbitration Studies, Vol. 26, No. 3, pp. 51 – 66, Korea Association of Arbitration Studies, Seoul, 2016

  • Arbitration Law & Practice

    Co-author, Revised ed., Pakyoungsa, 2016

  • The Gangnam Principles: A Blueprint for Efficiency in Arbitration

    in Schwartz, Eric A, et al (eds.), “International Arbitration Under Review: Essays in Honour of John Beechey,” Int’l. Chamber of Commerce, 2015

  • The Korean Perspective on International Arbitration Today and Tomorrow

    in Albert Jan van den Berg (ed.), International Arbitration: The Coming of a New Age? ICCA Congress Series No. 17, pp. 42-52, Kluwer Law International, 2013.

  • The Dawn of a New Age from the Perspective of Korea

    Co-author, Chartered Institute of Arbitrators’ Journal, Vol. 79:3, 2013. 8.

  • GLI – Litigation & Dispute Resolution Second Edition – Korea

    Co-author, Global Legal Group, 2013. 8.

  • International Handbook on Commercial Arbitration

    Co-author of the Korea chapter, Kluwer Law International, 2012 – 2019

  • Korean Supreme Court Case Review: Do arbitration agreements in bills of lading reach non-signatories in the chain of transportation?

    Korean Arbitration Review, 2012. 5.

  • Arbitration Law of Korea: Practice and Procedure

    Co-author, “Arbitration Law of Korea: Practice and Procedure”, Bae, Kim & Lee LLC International Arbitration and Litigation Group, Juris Publishing, 2011.

  • Arbitration in Asia – Korea

    Co-author, 2nd ed., JurisNet, LLC, 2008.

  • Issues and Arguments in Trade Dispute Cases against Korean Industries on Countervailing Measures

    Journal of Korean Law Vol. 3, Seoul National University, 2003.