Professor Hi-Taek Shin is a full-time arbitrator based in Seoul, Korea. He accepts appointments as arbitrator in international commercial and investment disputes.
He has unique experience combining a successful career as counsel, academic and arbitrator, as well as in the public service. Until 2007, he had long been a partner at Kim & Chang, a leading Korean law firm, specialising in cross-border transactions, including mergers and acquisitions, joint ventures and shareholders’ agreements, various commercial transactions and the resolution of disputes arising from such transactions. Since 2007, he has been teaching on international business transactions and the resolution of investment disputes arising from cross-border transactions at Seoul National University School of Law. From 2016 to 2019, he served as the Chairman of the Korea Trade Commission − the trade-remedy authorities of the Korean Government.
Hi-Taek’s professional expertise includes international investments and business transactions, purchase and sale of corporate entities and assets, joint ventures and shareholder agreements, distribution, agency, licensing and franchising contracts, financial transactions including derivatives, research and development of new pharmaceutical products, and arbitrations arising out of such transactions. He also has expertise in complicated disputes in the energy, infrastructure, construction projects and defence industries.
He has been appointed as a sole, presiding and co-arbitrator in international commercial arbitrations under the rules of major international arbitral institutions. He is on the panel of arbitrators of HKIAC, AAA/ICDR, ICSID, JCAA, KCAB, SCIA, SIAC and THAC. He is also listed on the general list of Neutrals of the WIPO. He is a member of International Commercial Expert Committee, Supreme People’s Court of China. He is also listed as a mediator of SIMC.
From 2018−2022, Hi-Taek served as the Chairman of KCAB INTERNATIONAL, Korean Commercial Arbitration Board’s international division.
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Arbitration experience
Commercial law (including Provision of Services & Agency) disputes
- Arbitration in a commercial agency dispute between an American party and a Korean party under ICC Rules (sole arbitrator).
- Arbitration between a Korean party and a US party in hotel management dispute under HKIAC Rules (co-arbitrator).
- Arbitration between a Korean manufacturer and its European distributor in a commercial dispute under KCAB INTERNATONAL Rules (co-arbitrator).
- Arbitration between an UAE party and a Chinese party in a commercial claim under ICC Rules (President).
- Arbitration between an Australian party and a Japanese party involving a dispute relating to a research project under ICC Rules (sole arbitrator).
M&A and shareholder disputes
- Arbitration involving a multibillion claim between international private equity funds in an M&A related dispute under HKIAC Rules (co-arbitrator).
- Arbitration in a post-M&A dispute between a Chinese party and an Italian party under ICC Rules (co-arbitrator).
- Arbitration between an Oman party and a Korean party in a joint venture dispute under SIAC Rules (co-arbitrator).
- Arbitration between a German party and a Korean party involving shareholder disputes in a joint venture company under KCAB INTERNATIONAL Rules (co-arbitrator).
- Arbitration between a Japanese party and a Mongolian partner in a joint venture dispute under SIAC Rules (sole arbitrator).
- Represented a European party in a shareholder dispute with a Korean joint venture partner under ICC Rules.
- Represented a Korean manufacturer in a shareholder dispute with Brazilian partners under ICC Rules.
- Advised private equity funds in their disputes relating to exercise of options with controlling shareholders.
Energy disputes
- Arbitration in a renewable energy related dispute between European parties under the ICC Rules (co-arbitrator).
- Arbitration between an American party and a Japanese party in the energy sector under SIAC Rules (President).
- Arbitration between a Swiss party and a Korean party in a dispute involving a coal supply contract for power plants under SIAC Rules (co-arbitrator).
Banking & financial services disputes
- Represented a US investment bank in a multi-billion-dollar dispute arising from derivative transactions.
- Represented a US investment bank in a dispute with a Korean party.
- Oversight over a Korean bank’s claim against a US investment bank before a US court.
Pharmaceutical, Life sciences & Healthcare disputes
- Arbitration between a Japanese company and a Korean company involving licensing of new pharmaceutical products under ICC Rules (co-arbitrator).
Defense procurement disputes:
- Arbitration between an American defense contractor and the Korean Government in a dispute relating to defense procurement under KCAB INTERNATIONAL Rules (Chairman).
- Represented a US defense contractor in defense of a product liability claim from a state party.
- Represented a US defense contractor in the aviation industry in a contract claim dispute with a state party.
- Represented a US defense contractor in a dispute with its agent under ICC Rules.
Construction & infrastructure disputes
- Arbitration between a French sub-contractor and a major Korean construction company relating to construction of infra-structure projects in a Mid-East state under KCAB INTERNATIONAL Rules (co-arbitrator).
- Represented a major Korean construction company (sub-contractor) in a dispute with the main contractor in a Mid-East project under ICC Rules.
Investment treaty disputes
- Arbitration under ICSID Convention (original proceedings) involving a dispute in a manufacturing sector between a Dutch investor and Latin American state (President).
- Arbitration under ICSID Convention (original proceedings) involving a dispute in renewable energy sector between a Japanese investor and a European state (President).
- Annulment proceedings under ICSID Convention involving renewable energy disputes between a European investor and a European State.
- Annulment proceedings under ICSID Convention involving disputes relating to service contracts between a European investor and a European State.
- Annulment proceedings under ICSID Convention involving disputes relating to construction contracts between a Turkish investor and an Asian State.
- Annulment proceedings under ICSID Convention involving disputes relating to financial sector between a European investor and a European State.
- Annulment proceedings under ICSID Convention involving disputes relating to service contracts between a European investor and s State in South America.
- Annulment proceedings under ICSID Convention involving a dispute relating to the manufacturing industry between a European investor and a European State.
