Case Details
Fengzhen Min v. Republic of Korea (ICSID Case No. ARB/20/26)
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Real estate project
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Other Industry
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BIT China - Korea, Republic of 2007
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ICSID Convention - Arbitration Rules
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Fengzhen Min (Chinese)
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Republic of Korea (Korean)
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August 3, 2020
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February 1, 2021
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Ian GLICK (British) - Appointed by the Parties
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Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s) -
KL Partners, Seoul, Korea
King and Spalding, Singapore, and Washington, D.C., U.S.A.
Hui Zhong Law Firm, Beijing, China -
Allen & Overy, Hong Kong, China
Yulchon, Seoul, Republic of Korea
Ministry of Justice, International Legal Affairs Division, Korea -
English
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Concluded
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May 30, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Respondent’s Preliminary Objection
Available on the ICSID Website
Decision on Respondent’s Preliminary Objection (June 18, 2021) English (Original)
(a) Original Proceeding
Date | Development |
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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. |
January 8, 2024 | Each party files a post-hearing brief. |
February 19, 2024 | Each party files a submission on costs. |
February 26, 2024 | Each party files a reply submission on costs. |
May 9, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 30, 2024 | The Tribunal renders its award. |