David Kim
South Korea
Baker McKenzie KLP JV
17/F, East Wing, Signature Tower
100 Cheonggyecheon-ro, Jung-gu
Seoul, Korea 04542
Tel: +82 2 6137 6821
Email:
david.kim@bakermckenziekorea.com
Web:
www.bakermckenzie.com
David Kim is a Partner in Baker McKenzie & KL Partners International Arbitration Team, he is highly regarded for his extensive experience in assisting clients with a broad range of international arbitration matters.
Mr. Kim’s experience in international arbitration matters includes, among other things, acting as legal counsel for many different clients in various arbitration cases before the ICC, SIAC, ICSID, HKIAC, KCAB, and LCIA, as well as in ad-hoc arbitrations under the UNCITRAL rules. He has represented multinational corporations, government entities, defense contractors, and high-profile individuals in numerous commercial disputes related to construction, shipping, military contracts, energy and natural resources, telecommunications, intellectual property, and investor-state matters. Prior to commencing his professional work in 2008 as an arbitration practitioner in Korea, Mr. Kim worked as a litigator in Canada.
Mr. Kim has also previously served as an adjunct professor at the Judicial Research and Training Institute of the Supreme Court of Korea, and is a faculty member for the Delos Dispute Resolution ROAP Asia.
Mr. Kim has been recognised as a leading practitioner by Chambers and Partners Global and Chambers and Partners Asia-Pacific, which describes him as someone whose “advocacy is logical, persuasive and tempered”, who “will go the extra mile to take care of his clients” and who is “the next-generation leader of the Korean arbitration world”. David is also ranked in The Legal 500 and Benchmark Litigation Asia-Pacific as a “dispute resolution star” and was named as an “outstanding young partner” in Chambers and Partners Asia-Pacific (2016). In 2019, Mr. Kim was named a “next-generation leader in arbitration” by the KCAB, the first time the Board has awarded such a distinction.
- ICC Arbitration: representation of a Korean construction company in a dispute arising from USD 1 billion sewage treatment plant in the Middle East.
- USD 4.4 billion ICSID arbitration: acted as co-counsel, representing Lone Star in an investor-state dispute against Korea, which was the first–ever treaty-based investor-state dispute brought against Korea and one of the largest claims ever for an ICSID arbitration.
- USD 340 million ICSID arbitration: acted as co-counsel representing the holding companies of a UAE-based energy investment fund (IPIC) against the Korean government.
- SIAC arbitration: represented a quasi-governmental research organization for ocean and coastal science against a Swiss deep-sea exploration shipping company in a dispute arising out of a deep-sea services contract.
- Ad hoc arbitration under the UNCITRAL Rules: defended a satellite broadcasting and technology company against one of Korea’s largest telecommunications companies for breach of license agreement.
- ICC arbitration: represented the Korean subsidiary of the world’s largest lock manufacturer against the former CEO in case involving breach of contract and tortious interference claims arising out of a sale agreement.
- KCAB arbitration: defended an Italian defense company against the Korean military involving complex and novel issues of product liability and warranties related to the supply of missiles.
- SIAC arbitration (seated in Singapore): represented one of the world’s largest shipbuilding companies against a Luxembourg purchaser (dispute governed by English law) of a USD 100 million ship in action to obtain interim relief pursuant to SIAC’s emergency arbitrator provisions.
- ICC arbitration: represented a Korean green energy and chemical company against a Swiss silicon wafer production company in breach of contract claim under a sale and purchase agreement.
- ICC arbitration (seated in New York USA): defended a Korean manufacturing company against an American automotive glass manufacturing company regarding breach of contract and tortious interference claims arising from the sale of automotive glass production machinery.
- Ad hoc (UNCITRAL) arbitration (seated in England): represented a Korean national against an American management consulting company regarding breach of non-competition provisions of a partnership agreement.
- Ranked ‘Litigation Star’ (International Arbitration Area) in Benchmark Litigation Asia Pacific 2023
- Ranked as Band 2 professional, Dispute Resolution: Arbitration, in Chambers Global 2023
- Ranked as Band 2 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2023
- Ranked ‘Next generation partners’ in International arbitration, Legal 500 Asia-Pacific
- Ranked as ‘Distinguished practitioner’, Dispute Resolution, in Asialaw Leading Lawyers 2023
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2022
- Ranked ‘Next generation partners’ in International arbitration, Legal 500 Asia-Pacific
- Ranked as ‘Distinguished practitioner’, Dispute Resolution, in Asialaw Leading Lawyers 2022
- Ranked ‘Litigation Star’ (International Arbitration Area) in Benchmark Litigation Asia Pacific 2022
- Ranked ‘Next generation partners’ in International arbitration, Legal 500 Asia-Pacific
- Ranked ‘Future star’ (International Arbitration Area) in Benchmark Litigation Asia Pacific 2021
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2021
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2021
- Ranked ‘Next generation lawyers’ in International arbitration, Legal 500 Asia-Pacific 2020
- Ranked ‘Future star’ (International Arbitration Area) in Benchmark Litigation Asia Pacific 2020
- Ranked as ‘Distinguished practitioner’, Dispute Resolution, in Asialaw Leading Lawyers 2020
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2020
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2020
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2019
- Ranked ‘Future star’ (International Arbitration Area) in Benchmark Litigation Asia Pacific 2018
- Ranked as ‘Future Leader’ in Who’s Who Legal Arbitration 2018
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2018
- Named ‘Korea Arbitration Future Leader’ by the Korean Commercial Arbitration Board (KCAB) 2018
- Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2017
- Ranked ‘Up-and-Coming Individual’ in Chambers Asia-Pacific 2016
- Ranked ‘outstanding young partner’ in Chambers Asia-Pacific 2016
- Ranked ‘Up-and-Coming Individual’ in Chambers Asia-Pacific 2015
- Author, “Legal Privilege,” Confidentiality and professional secrecy Q&A, South Korea 2020
- Interview with Professor Hi-Taek Shin, Korean Arbitration Review, November 2013
- Co-author, “Korea Chapter in Getting the Deal Through – Investment Treaty Arbitration,” Law Business Research, 2016
- Co-author, “Korea Chapter in GAR Know-How,” Commercial Arbitration Korea section; Global Arbitration Review, YEAR
- Author, “Nothing to Fear: Korean Law as the Governing Law of Arbitration’, Asialaw Leading Lawyers, August 2010
Our International Arbitration practice is one of the largest, busiest and most ranked arbitration teams in the world. With arbitration practitioners in major financial and arbitration centers worldwide, as well as key emerging markets, we are already on the ground when disputes arise, providing easy access and cost savings, backed by the strength and resources of a global law firm. We advise on a full range of arbitral matters, including:
Investor-State and Treaty – We act in some of the largest investment arbitration matters with enormous political and economic ramifications, as well as setting the standard on significant procedural and legal issues in this field. Baker McKenzie has the expertise and experience to assist in treaty structuring at the time of investment, leveraging treaties at the time the state contemplates expropriatory measures and acting in proceedings if a treaty has been violated. When investment treaty matters arise, we’re on hand to provide straightforward, strategic advice in difficult and complex situations.
Construction – Some of the most significant international arbitrations involve construction and infrastructure projects. We regularly advise on construction-related arbitrations around the world, including claims involving FIDIC and the other major standard forms of construction contracts. Our presence in emerging markets where many of these large infrastructure projects are under construction enables us to provide local assistance without a learning curve.
Energy and Natural Resources – We advise oil and gas clients on matters involving upstream, midstream and downstream disputes, including those arising out of construction projects, pipelines, “take or pay” provisions and solar, wind, photovoltaic and other renewable energies. Given our strong presence in regions such as Africa, Latin America and Australia, we also represent clients in high-stakes mining disputes.
Post-M&A – Resolving corporate and M&A-related disputes is a key part of our practice. Because we understand both the legal framework of corporate transactions and the wider commercial context, we are able to provide tailored practical advice that adds value. We advise on corporate disputes arising out of shareholder agreements, joint venture agreements, letters of intent and minority shareholder claims. We also represent clients in M&A disputes involving warranty and indemnity claims, completion and escrow account disputes, earn-out disputes and claims involving tag-along and drag-along rights.
For 60 years, Asia Pacific’s leading businesses have put their trust in Baker McKenzie and we have a deep understanding of the nuances and opportunities the region presents.
Our team in Seoul, guided by that experience, has advised some of the most high-profile Korean companies on cross-border transactions seeking to realize growth in Korea and beyond.
Benefitting from domestic legal expertise through a global lens, our lawyers — through our global network of 70+ offices — help businesses navigate the complex challenges of expanding across Asia Pacific and the globe.
Baker McKenzie KL Partners Joint Venture Law Firm, established in 2023, a joint law venture between global law firm Baker McKenzie and KL Partners, a leading Korean law firm, is a combination of our market-proven and highly successful practices with a legacy of success and trust in Asia Pacific. As international interest continues to grow, this is a game changer for our clients seeking legal expertise, making us the first choice in Asia Pacific.
“David Kim offers over a decade of experience of international arbitration practice, including a notable focus on construction and engineering disputes. His broad clientele includes corporates, individual clients and governmental bodies.”