Seoul IDRC Seoul International Dispute Resolution Center Project Report 2013. 2. Byung-Joo Lee Vice...

Seoul

IDR

C

Seoul International Dispute Resolution Center Project Report

2013. 2.

Byung-Joo Lee

Vice President, Korean Bar AssociationInsolvency Committee Chair, IPBAShin & Kim, Seoul

Seoul IDRC

Purpose of this Project

2

• To Develop Seoul as one of the Legal Hub for the International Arbitration in East Asia

• A National Project - to provide the most IT advanced arbitration hearing facility in

Seoul, and to host int’l arbitration cases between Korean companies and foreign

companies as well as the cases between foreign companies around East Asian region

• Korean Bar Association (KBA) co-worked with Korean Commercial Arbitration Board

(“KCAB”), Seoul Metropolitan Government and Ministry of Justice

• Seoul IDRC, has been incorporated as a “public interest foundation” ( 公益社團法人 )

on 20 September 2012.

서울국제중재센터 (Seoul IDRC)

Background - 1

3

•The Increasing Role of East Asia in the global economy

•The center of Global economy is moving quickly from US and Europe to East Asia

after the 2008 Lehman Crisis in U.S.A.

•China is now the only economic engine to maintain the collapse of world economy

•Japan is still one of the strong economic power house even with some dipression

•Korea is more strongly moving toward economic frontier after the IMF crisis in late

1990s, with powerful industries of electronics, cell phone, shipbuilding and automobiles.


Background - 2

4

•Internationalization of dispute resolution – Int’l Arbitration

•Traditional way of multi-national dispute resolution - Court Litigation before one

party’s Domestic Court determined the jurisdiction by the conflict of laws ( 涉外私法 ) .

•Globalization of Economic Activities – Increasing Trend of “Neutral Int’l Arbitration”

instead of court litigation to which impartiality of the venue is always under suspicion.

•More companies are in favor of neutral arbitration process in neutral arbitral seat, by

neutral arbitrators.


Background - 4

5

•Increase of International Arbitration in East Asia Region

•Importance of East Asia in Int’l arbitration market is also increasing.

•Int’l arbitration cases in ICC (Paris) and AAA/ICDR (NY) :500-700 per year

•CIETAC (China) and HKIAC : also handling 400-600 int’l arbitration cases per year

•KCAB (Seoul) : 80-100 int’l cases per year

•Just in the number of int’l cases, East Asia is already one of the center in Int’l Arbitration


Background - 5

6

•Korean Legal Society : Opening Market vs. Taking

Initiative

•Korean Crisis : Opening Legal Market from 2011-2012 to EU and U.S. Intrusion of EU

and U.S. Law firms targeting Korean Legal market

•Korean Initiative: - Int’l activity : KBA’s active bar diplomacy with JFBA, ACLA, ABA, IBA, LSEW, etc - Int’l Conferences : Law Asia (2011), IPBA (2013) - Ethnic Int’l network between Domestic Korean lawyers and Foreign Korean

lawyers – IAKL (International Association of Korean Lawyers) - Among 12,000 Korean Lawyers, U.S. lawyers license holders are approaching 2,000


Background - 6

7

•Booming of Arbitration Facilities in Asia region

•Establishing Arbitration facilities in Asia/coming of Western Arbitration Institutes in

Asia

•Maxwell Chambers in Singapore (2011) : New business model of neutral arbitration

hearing facility for the multiple international arbitration institutions (AAA/ICDR, ICC,

LCIA, etc) – successfully making Singapore as a new hub for int’l arbitration hearing in

Asia

•HKIAC – extended its hearing facility two times wider than before (2012)

•DIAC (Dubai International Arbitration Centre) opened/ KLRCA (Kuala Lumpur Regional

Center for Arbitration) - Bigger facility project undergoing


Background - 7

8

•The meaning of Seoul IDRC – Booming up Int’l

Arbitration in East Asia (1)

•The efforts for the activating int’l arbitration in East Asia region was less active than the South East Asia and Middle East

• CIATEC (China) has much int’l case (400-600/year), but not so popular in the int’l market until now

•JCAA (Japan Commercial Arbitration Association) is not so active in handling int’l arbitration cases.


Background - 8

9

•Korea – No. 1 Customer in Asian arbitration market

•After IMF crisis in Korea, Korea was forced to open its economy to the world (almost became naked)

•Korean companies is having more business transactions with foreign business players, and thus there are more arbitration clause in big transactions contracts.

•Most Korean major law firms have and are enlarging its int’l arbitration departments in the recent decade.


Seoul IDRC Project - 1

10

•The Achievement and the schedule for opening (1)

•KBA and KCAB with the cooperation of Seoul Metropolitan City and the Ministry of

Justice, will make new international arbitration hearing facility in the Seoul Global center

Building, and has already secured necessary funds and staffs from Central government,

Seoul City, KBA, and KCAB

•The new building construction will be finished in late February, the Seoul IDRC will have

the interior work in March and the opening ceremony will be held April 17th, just before

the start of the IPBA 2013 Seoul Conference


Seoul IDRC Project - 2

11

•The Achievement and the schedule for opening (2)

•Legal Entity : Incorporated ‘Public Interest foundation ( 公益社團法人 ) ’ under the

supervision of the Ministry of Justice ( 法務部 )

•Identity :

•No - Int’l Arbitration Institution like ICC/KCAB/JCAA

•Yes – Int’l Arbitration Facility like Maxwell Chambers in Singapore


Inviting International Institutes

• 5 International Arbitration Institutes are participating Seoul IDRC

• LCIA (London Court of International Arbitration)

• ICC (Paris)

• AAA/ICDR (NY)

• SIAC

• HKIAC

• ICSID (International Center for State Investment Dispute) – Contract for using Seoul IDRC facility in

int’l State Investment Dispute (expected)

12


How to Use

• International Arbitration Hearings held in Seoul : ICC, LCIA, SIAC, HKIAC, AAA/IDRC,

KCAB, JCCA

• ICC statistics : Seoul is the 3rd frequent seat for the int’l arbitration in Asia (after

Singapore, HK)

• Seminar/Lecture/Conferences regarding International Arbitration

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서울국제중재센터 (Seoul IDRC)Economic Effect

14


Economic Effect

• International Hearings : 200 cases / 5yrs

• Economic Effect for cases :

▫ 2.5 Million USD per cases

▫ 500 Million US Dollars for 5 yrs

15

16


Organization of Seoul IDRC

• Chairman Young-Moo Shin

• Executive Council Chair

Hee-Taek Shin (Professor, SNU Law School)

• 12th Floor , Seoul Golbal Center Building (Downtown area, near Cheog-Gye river)

• 510 square meter

• Large Hearing Room (1), Medium Hearing Room (2), Preparation Room (2)

• Most IT Advanced Hearing System designing

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Facility

1

4

2

3

8 9

Surrounding Area1.서울국제중재센터 (Seoul IDRC)

2.Kim & Chang

3.Lee & Ko

4.Shin & Kim

5.McDermott Will & Emery

6.Paul Hastings

7.Cleary Gottlieb

8.Government Complex

9.USA Embassy

10.Seoul City Hall

11.Seoul Finance Center (SFC)

12.지하철 종각역13.Samsung Security HQ

14.Namsan Tower

15.City Bank

16.Standard Chartered Bank

17. Goldman Sachs Korea

18.Westin Chosun Hotel

19.Plaza Hotel

20.Lotte Hotel14

56

7

10

12

11

13

18

15

18

1617

20

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Location

1 4

2

3a

3b3a44

44

44

5

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Hearing Rooms

1. Lobby

2. Reception

3. Hearing ▫ 3a. Medium Hearing Room▫ 3b. Large Hearing Room

4. Preparation Room/ Office Area

5. Copy and Print

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Space Design

1. Lobby

2. Reception

3. Hearing Rooms▫ 3a. Medium Hearing Room▫ 3b. Large Hearing Room

4. Preparation Room/Office

5. Copy Room

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공간 설계

1. 중앙 공간2. 리셉션 데스크

3. 심리▫ 3a. 중형 심리실▫ 3b. 대형 심리실

4. 사무실 및 소형 회의실5. 복사 , 인쇄실

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공간 설계

1. 중앙 공간2. 리셉션 데스크

3. 심리▫ 3a. 중형 심리실▫ 3b. 대형 심리실

4. 사무실 및 소형 회의실5. 복사 , 인쇄실

서울국제중재센터 (Seoul IDRC)Conclusion

• Seoul IDRC – A big Progress for the development of International Arbitration in East Asia

• Cooperation between Arbitration Institutes and Arbitration Society in East Asia

• Let us make East Asia a new center place of international arbitration

• Through the cooperation between Korean lawyers and Japanese Lawyers

• Opeing Ceremony for the Seoul IDRC will be held in the morning and afternoon of April 17 th (Wed), Just before the opening of IPBA Seoul Conference (April 17th-20th)

• We Invite all our Japanese Friends to the opening of Seoul IDRC

• (Thanks)

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