Case Details

Fengzhen Min v. Republic of Korea (ICSID Case No. ARB/20/26)

Subject of Dispute:

Real estate project
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT China - Korea, Republic of 2007
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Fengzhen Min (Chinese)
Respondent(s):

Republic of Korea (Korean)
Date Registered:

August 3, 2020
Date of Constitution of Tribunal:

February 1, 2021

Composition of Tribunal

President:

Ian GLICK (British) - Appointed by the Parties
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

KL Partners, Seoul, Korea
King and Spalding, Singapore, and Washington, D.C., U.S.A.
Hui Zhong Law Firm, Beijing, China
Respondent(s):

Allen & Overy, Hong Kong, China
Yulchon, Seoul, Republic of Korea
Ministry of Justice, International Legal Affairs Division, Korea
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 13, 2023 - November 20, 2023 -
The Tribunal holds a hearing on jurisdiction and the merits in person in Singapore and by video conference.

No References Available.

(a) Original Proceeding

Date	Development
August 3, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
October 20, 2020	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
November 19, 2020	Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.
January 29, 2021	Following appointment by agreement of the parties, Ian Glick (British) accepts his appointment as presiding arbitrator.
February 1, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Glick (British), President, appointed by agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimant; and Donald M. McRae (Canadian/New Zealand), appointed by the Respondent.
February 5, 2021	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
March 8, 2021	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 5, 2021	The Respondent files observations on its preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 3, 2021	The Claimant files further observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 26, 2021	The Tribunal holds a first session and a hearing on Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) by video conference.
June 1, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 18, 2021	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 9, 2021	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
September 3, 2021	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
December 24, 2021	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
May 9, 2022	The Claimant files a memorial on jurisdiction and the merits.
June 21, 2022	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 19, 2022	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 25, 2022	The Respondent files a response to the Claimant’s observations of July 19, 2022.
July 29, 2022	The Claimant files a response to the Respondent’s observations of July 25, 2022.
August 9, 2022	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 5, 2022	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
January 31, 2023	The Respondent files a counter-memorial on jurisdiction and the merits.
April 3, 2023	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 10, 2023	The Tribunal issues Procedural Order No. 7 concerning production of documents.
June 26, 2023	The Claimant files a reply on jurisdiction and the merits.
July 31, 2023	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 22, 2023	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 1, 2023	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
September 25, 2023	The Respondent files a rejoinder on jurisdiction and the merits.
October 10, 2023	The President holds a pre-hearing organizational meeting with the parties by video conference.
October 19, 2023	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
November 13, 2023 - November 20, 2023	The Tribunal holds a hearing on jurisdiction and the merits in person in Singapore and by video conference.