Hye Sung Kim
Hye Sung Kim is an attorney in the firm's International Arbitration & Cross-Border Litigation Practice. Ms. Kim represents both domestic and international clients in various cross-border disputes and has extensive experience in cross-border litigations, and international arbitration cases administered by ICC, LCIA, LMAA, SIAC, KCAB and AAA.
Her recent work includes representing world's leading companies and Korean companies in multinational disputes in litigation and arbitration involving China, Korea, Japan, UK, US, France, Netherland, Norway, Germany, Australia, Italy and Canada. The disputed matters include issues related to construction, sales, insurance, reinsurance, shipbuilding, hedge trading and intellectual property.
Ms. Kim has been recognized by several leading legal directories, including Benchmark Litigation Asia-Pacific where she was named a 'Future Star' in Commercial and Transactions as well as in International Arbitration in 2018. The Legal 500 Asia Pacific also listed her as a 'Next Generation Lawyer' in International Arbitration for two consecutive years since 2017.
Ms. Kim received an LL.M. from London School of Economics and Political Science in 2017, and she graduated from the Judicial Research and Training Institute of the Supreme Court of Korea in 2010. She received an LL.B. from Seoul National University College of Law in 2008. She was admitted to the Korea bar (2010) and was admitted to practice in England & Wales (2018).
Practice Area
Panel
- Contributing Author
Qualified Year
- 2010
Education
- Judicial Research and Training Institute of the Supreme Court of Korea (2010)
- London School of Economics and Political Science (LL.M., 2017)
- College of Law, Seoul National University (LL.B., 2008)
2 Contributions by Hye Sung Kim
PRACTICE NOTES
Recognition, enforcement and setting aside of arbitral awards in South Korea: procedures, refusal grounds, costs and key case law
This Practice Note examines how arbitral awards are recognised and enforced in South Korea. Note: Korean court judgments cited in this Practice Note are not reported by LexisNexis® UK.
Arbitral awards enforceable in South Korea
Introduced in 1966, the Korean Arbitration Act (KAA) provides the statutory basis for enforcing arbitral awards in South Korea. The KAA was revised in 1999 to incorporate the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law). On 30 November 2016, further amendments took effect, implementing the 2006 updates to the Model Law. South Korea acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 1973.
Under the KAA, three categories of awards are enforceable in South Korea (KAA, arts 37.1, 38–39):
foreign arbitral awards to which the New York Convention applies
foreign arbitral awards to which the New York Convention does not apply
domestic arbitral awards
The 2016 revisions to the KAA also permit the enforcement of interim measures issued in arbitral proceedings governed by the KAA, that is, arbitrations seated in South Korea—see Practice...
Arbitration
PRACTICE NOTES
South Korea arbitration interim relief under the Korean Arbitration Act (Model Law 2006): court attachments and injunctions; tribunal measures and enforcement; judicial assistance with evidence; no emergency arbitrator
This Practice Note considers the availability of interim and emergency measures from arbitral tribunals and the Korean courts under the law of South Korea.
The Korean Arbitration Act (KAA) is founded on the 1985 UNCITRAL Model Law, and embraces the Model Law’s provisions dealing with interim relief. With effect from 30 November 2016, amendments to the KAA took effect, allowing enforcement of interim measures granted in arbitral proceedings governed by the Act—that is, arbitrations seated in South Korea—by incorporating the interim measures regime set out in the 2006 version of the Model Law. Those updated provisions on interim measures apply to matters commenced after that effective date. Under Korean law, interim relief is not the exclusive preserve of either the courts or arbitral tribunals; parties may request such measures from the court (KAA, art 10) or from the arbitral tribunal (KAA, art 18). The Korean courts are supportive of arbitration, prepared to grant provisional remedies in aid of arbitral proceedings, and to invoke the KAA’s tools enabling courts to assist arbitral tribunals in obtaining evidence for use in arbitration. This approach is consistent with a pro-arbitration stance on assistance and temporary protection. In addition, there is no requirement under Korean...
Arbitration
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