IPG’s Korean Office was awarded the distinction as the Korea Dispute Resolution Law Firm of the year by a well-known international business journal in the United Kingdom. The journal is known for producing tailored news and guides for multinational companies doing business in Asia, North America, and Europe. Update: IPG received this designation from 2020 to 2023. Additionally, Sean Hayes is consistently ranked by LawAsia as one of the only non-Korean lawyers as a Top 100 Attorney working in Korea. IPG is thrilled that, based on feedback
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Involuntary Dissolution of a Company in Korea: Shareholder Disputes in Korean Companies
Under Article 520 of the Korean Commercial Act, a minority shareholder, holding at least 10 percent of the total and outstanding shares of a Korean company, may request to the Korean court of competent jurisdiction the dissolution of a company in Korea. Korean court judges consider this procedure an extraordinary procedure and, only, rule in the affirmative, usually, after all other avenues to resolve the shareholder dispute have failed. However, this procedure is useful, in many disputes, in resolution of the shareholder dispute via litigation or pushing
Continue readingKorean Medical Malpractice Arbitration Law
Korean Medical Malpractice lawsuits are often compared to “Beating one’s head against the wall,” since Korean medical malpractice lawsuit are, typically, difficult for patients to prevail in. In medical malpractice cases, in Korea, and in most developed jurisdictions, the plaintiff has the duty to establish, among other things, a nexus between the alleged injury and the actions or in actions of the doctor. Proving this nexus is, often, difficult because of the apprehension of expert witnesses (doctors) to step on the toes of other doctors, cost of
Continue readingEnforcement of Arbitral Awards in Korean Courts: Arbitration Law Basics
After an arbitration panel outside of Korea renders an arbitral award against a Korean company or individual, typically, if the non-prevailing party lacks assets outside of Korea or the prevailing party needs to enjoin acts in Korea, the prevailing party chooses to enforce the arbitration award in Korea. Enforcement is not as easy as just giving arbitral awards to non-prevailing Korean parties. For enforcement of foreign judgments in Korean courts please see: Enforcement of Foreign Judgments in Korean Courts. When enforcing foreign arbitral awards in Korea, Article
Continue readingArbitration against Korean Government Agencies in Korea: Korean Arbitration Law Basics.
The Korean National Assembly amended the Act on Contract to Which the State is a Party, partially, on December 1, 2017. The amendment was intended to encourage the Korean Government to arbitrate more disputes with parties that have contracted with the Korean Government. To date, few cases have been resolved via Arbitration when disputes occur between the Korean Government and parties to a contract with the Korean Government. The reason stems, mainly, from realities within many Korean-based law firms, within in house legal teams at government agencies
Continue readingEnglish-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law
IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive and unconflicted representation. Our attorneys are, intentionally. different from the crowd. From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand the nexus between your commercial and legal needs. Our attorneys shall never push to you useless memos,
Continue readingEnglish-Speaking Arbitration Attorneys in Korea
International arbitrations between Korean companies and American, Australian, British, Chinese, Indian, German, and other nation companies are on the increase. Regrettably, few Korean attorneys are capable of handling international arbitration cases in the English language, because of the lack of experience in complex international arbitrations and the lack of adequate English language skills. The reality is Korea has few English-speaking arbitration attorneys capable of handling complex international arbitration matters, thus, many firms have turned to foreign attorneys to fill this glaring gap with varying success. Sean Hayes is
Continue readingU.S. Court Refuses to Enforce Taiwan Arbitral Award: Lesson for Drafting Arbitration Clauses in Korea
My friends over at the publication The International Law Office directed me to an interesting case involving the enforcement of arbitral awards that brings light to the fact that, in most cases, arbitration should not be held in a nation that is not a signatory to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Award (“New Convention”). U.S. Court Reuses to Enforce Taiwan Arbitral Award In Clientron Corp. v. Devon IT, Inc. a U.S. Federal Court in Pennsylvanian refused to enforce a
Continue readingLiquidated Damages Clauses Upheld by Korean Courts
When drafting an agreement with a Korean party, it is, generally, advisable in a case when a breach is not easy to quantify (e.g. Damages for violation of IP Rights) to include a liquidated damages clause. Liquidate damages are monetary awards where a violation is agreed to be, at a minimum, a certain sum of money. Thus, a liquidated damage clause may note that revealing of the intellectual property shall result in damages that will not be less than USD 100,000. Korean Civil Act Article 398 (1)-
Continue readingSean Hayes to give Speech at American Bar Association Conference in LA
Sean Hayes will give a presentation entitled Mickey Mouse, Sports Stars, Celebrities, Billions of Dollars at Stake. Who Owns the Rights to an Individual’s or a Character’s Image? 10:30 – 12:30 April 11, 2014. The speech is part of the ABA Business Law Spring Meeting in LA. More information can be found at: ABA ___info@ipglegal.com
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