Peter & Kim

Seokchun Yun specializes in international arbitration and cross-border litigation, international trade, international taxation, construction and real estate litigation, and shareholder dispute with a focus on disputes with international elements, and provides legal advice on potential disputes.

Mr. Yun has successfully represented government, domestic and foreign multinational clients at all stages of international arbitrations under the major arbitration rules including ICSID, ICC, SIAC, HKIAC, ICDR, JCAA, and KCAB as well as in ad-hoc arbitrations. He has also represented clients in international mediations under SIMC rules and before the WTO panel.

During his secondment at Kobre & Kim LLP in New York, Mr. Yun was involved in the enforcement of arbitral awards and foreign judgments, asset tracing and recovery, and litigations at both federal and state levels. He has handled legal matters and issues implicating various governing laws, including those of Korea, England and Wales, the United States (federal, New York, California and Delaware), Singapore, Hong Kong, Australia, Germany, Russia, Japan, China, as well as international instruments and norms such as the CISG, UNIDROIT Principles and WTO treaties.

Prior to joining Peter & Kim, Mr. Yun was a partner at Bae, Kim & Lee LLC’s international arbitration and litigation practice group and a senior attorney at Kim & Chang’s international arbitration & cross-border litigation practice. He also served as a judge advocate (military judge and prosecutor) in the Republic of Korea Navy.

Mr. Yun currently serves as director of academic affairs in the Korean Society of International Economic Law, director of research in the Korean International Law Association and director in the Korea Private International Law Association. He has taught as a lecturer at Seoul National University College of Law and actively publishes articles and authors treatises. Mr. Yun also frequently speaks at notable seminars and conferences on various topics including international arbitration and trade.

Mr. Yun received an LL.M. from Harvard Law School in 2017, and his LL.M. and LL.B. from Seoul National University in 2011 and 2006, respectively. He graduated from the Judicial Research and Training Institute of the Supreme Court of Korean in 2007. He is admitted to the New York bar and Korean bar. Mr. Yun speaks native Korean, English, Japanese and Chinese (Mandarin). He also commands reading knowledge of German.

AREAS OF EXPERTISE

International Arbitration Cross-border Litigation Enforcement of Foreign Judgment and Arbitral Award International Trade International Taxation Construction and Real Estate Litigation Corporate Governance and Shareholder Dispute

INDUSTRY SECTORS

Agribusiness Automotive & Heavy Industry Construction & Engineering Commodities Trading Energy & Power Fashion & Luxury Goods Gas High-tech Products Infrastructure Media, Art & Entertainment Mining & Metals Pharmaceutical & Biotech Real Estate Shipbuilding Transportation, Logistics

REPRESENTATIVE CASES

International Arbitration and Cross-border Litigation

Advised a foreign investor in relation to potential indirect expropriation by a municipal government in Korea by way of imposition of restrictions on the business. Advised a Korean materials manufacturer in relation to potential expropriation by a Asian host state. Advised a Korean private equity fund in a dispute against a sportsware distributor arising from termination of the distributorship agreement. Advised a Korean trading company in relation to a series of court proceedings in China arising from violation of the terms of letters of credit. Advised a Korean ship parts manufacturer in a dispute over defects in the engine supplied to a foreign shipbuilder. Counsel to one of Korea’s largest shipbuilders in an LMAA arbitration arising out of defects in specialized semi-rigs built and delivered. Counsel to a Korean energy company in an ICC arbitration over breaches of the fuel cell technology transfer and license agreements. Counsel to a Korean state enterprise in an ICC arbitration for gas price review. Represented a major Japanese distributor in a JCAA arbitration arising from a dispute over board control of a joint venture between the Japanese distributor and a major Korean distributor. Counsel to one of Korea’s largest construction companies in an ICC arbitration against a global real estate developer arising from a city-scale real estate development project. Counsel to a Korean hotel owner in a HKIAC arbitration relating to termination of a management agreement against a global hotel chain. Counsel to a Korean seller in a HKIAC arbitration involving return of the purchase price for equity shares in a Chinese joint venture. Counsel to a global private equity fund in an ICC arbitration over breaches of the sale and purchase agreement of a Korean logistics company. Counsel to a major Korean pharmaceutical company in a SIMC mediation against a global pharmaceutical manufacturer surrounding registration and marketing of pharmaceutical products in China. Counsel to a major Korean pharmaceutical company in an ICC arbitration arising from obligations to register and market pharmaceutical products in Europe and the CIS countries. Counsel to the Government of Korea in an ICSID arbitration based on the Korea-Belgium/Luxembourg BIT involving a multi-billion dollar claim against investment vehicles held by a US private equity fund. Counsel to a major Korean construction company in enforcement proceedings of a SIAC award relating to the construction of a convention center in Australia. Counsel to a Korean judgment claim holder in the multi-jurisdictional enforcement of a multi-million US dollar damages order arising from stock price manipulation. Counsel to a major Korean pharmaceutical company in a proceeding before a California state court seeking injunction to prohibit use of a specific clostridium botulinum strain and relevant technologies. Counsel to an investor in enforcement proceedings of an ad-hoc arbitral award against an African sovereign state. Counsel to a major Korean engineering and construction company in a SIAC arbitration arising from an EPC contract for the construction of the metropolitan railway in Ho Chi Minh City, Vietnam. Advised a major Korean pharmaceutical company in relation to interpretation of a joint venture agreement for securing the supply chain and manufacturing facilities in China. Advised a Korean government committee in a proceeding before a Canadian court arising from measures to block access to a certain website. Advised a major Korean bank in a civil action in Greece for damages based on tortious acts in the process of concluding a shipbuilding contract. Advised a Korean hypermarket chain owner in proceedings to set-aside an ICC award before the Singaporean court. Counsel to a Korean high net-worth individual in proceedings to enforce a California monetary judgment before the Korean court. Counsel to a Philippine investor and its joint venture company in Korean insolvency proceedings related to the enforcement of an ICC award. Counsel to a global German pharmaceutical manufacturer in Korean litigation for the enforcement of a multi-million dollar arbitration award. Counsel to a global Korean automotive parts supplier in a JCAA arbitration over the exercise of a put-option pursuant to a joint venture agreement. Counsel to a state-run entity in an ICC arbitration arising from a framework agreement for the supply of certain goods. Advised a Korean systems developer in a dispute with the Ministry of Treasury of Indonesia surrounding development of a national financial information system. Counsel to one of Korea’s major medical equipment manufacturers in an ICDR arbitration arising from the international sale of sophisticated hospital technology to core healthcare facilities in Turkey. Counsel to one of Asia’s largest multinational food and shopping corporations in an ICC arbitration over a post-M&A dispute following the purchase of one of East China’s largest hypermarket chains. Counsel to a subsidiary of one of the world’s leading sportswear manufacturers in a litigation before the Korean courts for claims arising from a distributorship agreement. Counsel to a Danish wind power facility manufacturer in Korean litigation for the enforcement of a multi-million dollar arbitration award. Counsel to a major broadcasting service provider in Trinidad and Tobago in a KCAB arbitration concerning claims for damages under the CISG.

International Trade

Advised the Korean government in a WTO dispute involving original marking requirements of products from a customs territory. Advised the Korean government on the settlement of international trade dispute under arbitration rules of commercial arbitration institutions. Advised a Korean trading company in relation to a potential sale of goods transaction for personal protection equipment. Counsel to the Government of Korea in a WTO dispute involving the imposition of anti-dumping duties on stainless steel bar products. Advised the Korean government on the legal text of RCEP Agreements. Advised the Korean government on interpretation issues relating to automobile industry regulations in the context of the Korea-US FTA and the WTO regime (GATT).

Construction and Real Estate Litigation

Advised a Korean EPC contractor in relation to the construction project of an offshore platform for oil production. Counsel to a Korean metropolitan city government in a KCAB arbitration relating to a BLT project for the renovation of city-wide sewer systems. Counsel to one of Korea’s major construction companies in a KCAB arbitration arising from delays in the construction of a naval base. Counsel to a power plant in a civil action before the Korean court seeking damages from delay in construction of a hydro-plant. Counsel to a power plant in a KCAB arbitration involving damages claims arising out of defects in a crane. Counsel to a power plant in a KCAB arbitration involving damages claims arising from a fire that occurred during renovation of a desulfurization facility. Represented a major Japanese industrial equipment manufacturer in a Korean administrative procedure and in civil proceedings arising from the pollution of a factory site.

RANKING

Leading Lawyers 2021: International Arbitration (Legal Times, 2021) Rising Stars 2021: International Arbitration (Legal Times, 2021) Best Student Award—Valedictorian (President, Seoul National University, 2006)

Partner, Peter & Kim (2022-Present) Director of Research, Korea International Trade Law Association (2021-Present) Director, Korea Private International Law Association (2021-Present) Member, School Teachers’ Right Protection Board, Seoul Jamil Elementary School (2021-Present) Member, School Management Board, Seoul Jamil Elementary School (2020-Present) Member, Civic Human Rights Jury, Seoul Metropolitan Government (2019-Present) Director of Academic Affairs, Korean Society of International Economic Law (2019-Present) Kim & Chang (2020-2021) Member, Attorney-Client Privilege Enactment Task Force, Korean Bar Association (2019) Kobre & Kim LLP, New York (2017-2018) Lecturer, College of Law, Seoul National University (2015) Bae, Kim & Lee LLC (2011-2020) Judge Advocate, Republic of Korea Navy (2008-2010) Member, Korean Bar Exam Review Committee, Ministry of Justice (2007)

Korean, English, Japanese, Chinese and German

Korean Bar Association, Seoul Bar Association Korea International Trade Law Association Korean Society of International Economic Law Korea Private International Law Association Korea Association of the Law of Civil Procedure

Graduate School of Business, Yonsei University (Advanced Course on Technical Barrier to Trade, 2020) Graduate School of International Studies, Seoul National University (Global Academy on Digital Trade, 2020) Graduate School of International Studies, Seoul National University (Advanced Expert Course on Technical Barrier to Trade, 2019) Harvard Law School (LL.M., Taxation Concentration, 2017) Graduate School, Seoul Nation University (Completed Ph.D. Coursework, Civil Procedure, 2013) Graduate School, Seoul Nation University (LL.M., Civil Procedure, 2011) Bachelor's Degree Acquired Through Examination for Self-Education (Business Administration, 2010) Judicial Research and Training Institute of the Supreme Court of Korea (2008) Columbia Law School (US Trade Law Seminar, 2007) Seoul National University (LL.B., Valedictorian, 2006)