Kevin (Kap-You) Kim

Practice Areas

Kap-You (Kevin) Kim is a senior partner at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he worked for the past three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group.

Over the past 30 years, Kevin has acted as counsel, presiding arbitrator, co-arbitrator or sole arbitrator in more than 300 cases of international arbitrations under various arbitration rules. Presently, he is involved in several investment and commercial arbitrations.

Among other positions that he holds, Kevin is an Advisory Board Member of the International Council for Commercial Arbitration (ICCA) and the Chairman of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Committee.

In the past, Kevin has served as the Vice President of the ICC International Court of Arbitration (2014 – 2021), Secretary General of ICCA (2010 – 2014), member of the LCIA Court (2007 – 2012) and Vice Chair of the IBA Arbitration Committee (2008 – 2010).

Career

Founding Partner, Peter & Kim (2019 – present)

President, KCAB International Arbitration Committee (2017 – present)

Advisory Governing Board Member, International Council for Commercial Arbitration (ICCA) (2019 – present)

Vice President, ICC International Court of Arbitration (2014 – 2021)

Secretary General, International Council for Commercial Arbitration (ICCA) (2010 – 2014)

Adjunct Professor, Seoul National University Law School (2020 – 2022)

Editorial Board Member, Global Arbitration Review (2009 – present)

Partner and Senior Partner, Bae, Kim & Lee LLC (1996 – 2019)

Council Member, American Arbitration Association (AAA) (2009 – 2020)

Vice Chair, Arbitration Committee, International Bar Association (IBA) (2008 – 2010)

Founding Partner, Peter & Kim (2019 – present)

Court member, London Court of International Arbitration (LCIA) (2007 – 2012)

Professional Memberships

Korean and Seoul Bar Associations

New York Bar Association

Panel of Arbitrators/Mediators/Experts: KCAB, JCAA, ICSID, SIAC, HKIAC, KLRCA, SCIA, BAC, MIAC, VMC, ICANN, SHIAC,
VIAC, BIAMC

Industry Sector Expertise

International Arbitration

Investment Arbitration

Construction

Litigation

Energy & Natural Resources

Project Finance

Shipping

International Trade Law

Public International Law

Experience

Counsel to a global real estate developer in an ICC arbitration seated in Korea, involving a dispute arising from a large real estate development project in Korea and its financing, securing a win on all claims made against a Korean global real estate developer in the aggregate amount of over USD 2 billion.

Counsel in a successful, high-profile ICC arbitration involving a dispute among shareholders for control over a major Korean oil refining and marketing company, with the underlying claims valued at over USD 3 billion (or USD 5 billion including counterclaims). The arbitration award won GAR’s “Arbitration Win of the Year” in 2011.

Counsel in an ICSID arbitration under the Korea-Belgium/Luxembourg BIT, involving a claim against the Government of Korea and securing a favourable award in the aggregate amount of over USD 5 billion.

Counsel in an ICC arbitration involving a dispute arising from the repair works of natural gas marine plants in Qatar, which ended in favourable settlement for the client, with more than USD 8 billion in dispute.

Counsel in a successful high-value LCIA arbitration seated in London, involving a dispute arising from the procurement, construction and commissioning of the first nuclear power station in the United Arab Emirates.

Counsel in an ICC arbitration involving claims by a multinational private equity firm against a Korean bank in the amount of over USD 1.2 billion and securing a favourable award for our client.

Counsel in an investment treaty arbitration filed by Swiss-based elevator maker Schindler against the Government of Korea, in connection to its investment in Hyundai Elevator.

Counsel to a US private equity firm in a Singapore seated ICC arbitration seeking successfully economic damages against two financial institutions (settled).

Counsel in a successful ICC arbitration seated in Toronto, involving a dispute arising from the engineering and construction of a major mining and processing plant project in Madagascar, Africa.

Counsel in a successful ICC arbitration seated in London, involving a dispute arising from the construction of a combined cycle power plant in Jordan.

Counsel in a SIAC arbitration seated in Singapore, involving a dispute arising from the engineering, procurement and construction of a heavy rail-based urban transit system in Vietnam.

Counsel to a major retail company in a US litigation in Guam, USA. The dispute related to a concession agreement for exclusive rights to operate duty free stores at the international airport in Guam.

Counsel in an LCIA arbitration seated in London. The dispute was related to the engineering and construction of several ultra-deepwater drillships and a semi-submersible rig.

Counsel in a SIAC arbitration seated in Singapore, involving a dispute relating to manufacture and sale of structural steel for use in the construction of a large-scale civil engineering project.

Counsel in an ICC arbitration involving a claim of over USD 500 million in connection to a dispute relating to the payment of royalties for wireless telecommunications technology.

Counsel in an ICC arbitration seated in Singapore, involving a Post-M&A dispute over the purchase of shares in a hypermarkets chain in China and securing a favourable award for our client.

Counsel to a major telecommunications company in an ICC arbitration involving a dispute over the ownership of a highly sophisticated and complex telecommunications device.

Counsel in an ICC-arbitration involving a dispute over an alleged unauthorized use of high-value proprietary enterprise resource planning software in breach of contract.

Counsel in an arbitration involving a dispute arising from the prospective sale of shares in a major multiplex facility in Korea pursuant to the provisions of a complex shareholders’ agreement.

Counsel in a consolidated HKIAC arbitration involving a post-M&A dispute over the sale of shares in a major logistics company between two global private equity firms.

Counsel in an HKIAC arbitration involving a post-M&A dispute over the sale and purchase of shares between a Hong Kong entity and two Korean venture capital investment funds.

Counsel in an ICC arbitration involving a dispute over the design, marketing and sale of golf club memberships and luxury real estate on a man-made island in the Yellow Sea.

Counsel in an arbitration involving a dispute over the relocation of a major US military base from downtown Seoul to a satellite city.

Counsel in an ICC arbitration involving a dispute arising from a contract between a Korean automobile manufacturer and the largest automobile company in the United States concerning the transfer and use of technology.

Counsel in an arbitration involving a dispute between Korea’s largest gas corporation and its former joint venture partner (UK listed entity) regarding the development of a gas field in Western Iraq on the Syrian border.

Counsel in an ICC arbitration between two welding product companies regarding a dispute over a control of a Chinese joint venture company.

Counsel, together with US co-counsel, in defending two large financial institutions in a class action lawsuit involving allegations of securities fraud and seeking damages in excess of USD 600 million.

Counsel in an ICC arbitration involving a dispute arising from a distributorship agreement between one of the world’s largest manufacturers of medical products and one of Korea’s most prominent publicly-listed pharmaceutical companies.

Counsel in an ICC arbitration between Korea’s largest engineering and construction company and a major German membrane roof construction company, involving a dispute over the roof construction of one of the football stadiums that hosted the 2002 World Cup matches.

Counsel to a football club in a claim against a player’s agent in proceedings before the FIFA Player’s Status Committee and the Court of Arbitration for Sport (CAS) arbitration.

Counsel to the president of the Badminton World Federation in organizational disputes between the Badminton World Federation and other regional federations. The dispute related to the governance of the Badminton World Federation.

Counsel in an ICC arbitration between one of Korea’s largest automobile manufacturers and one of the largest automobile distributors in Oman, involving a dispute arising from a distribution agreement.

Counsel to a prestigious Hong Kong-based private equity firm in an ICC arbitration involving a claim against one of Korea’s largest confectionary companies. The dispute related to the sale of a leading chain of convenience stores based in Korea.

Counsel to 16 creditors of a former Korean passenger vehicle manufacturer and distributor in an ICC arbitration over a dispute involving transfer of assets against, among others, the largest French automobile manufacturer and distributor.

Languages Spoken

Korean, English, Japanese

Education