Representative Representations as Counsel in Arbitrations

• Co-ordinating Counsel for a North Asian based respondent in an international arbitration of complex finance and construction disputes arising from an infrastructure project in Latin America governed by New York law.
• Representing PT Aria West, a consortium of international and domestic investors involved in an Indonesian telecommunications concession to construct and operate a US$400 million fixed-line network, in its dispute (in an ICC arbitration) with its joint operator, the Indonesian Telecommunications operating agency.
• Representing the Republic of Indonesia in an ICSID arbitration of a dispute relating to the sale of a stake in a state-owned enterprise in the cement industry.
• Representing an Indonesian government ministry in various Asian jurisdictions in proceedings concerning the recognition and enforcement of an award arising out of an energy dispute.
• Representing a Korean conglomerate in a joint venture dispute concerning a natural resources project in Southeast Asia involving more than US$300 million.
• Representing a consortium of foreign investors that had invested more than US$400 million in a Filipino entity that was party to a concession agreement in the infrastructure sector in its dispute with a Filipino governmental agency.
• Representing North Asian investors in a potential investment treaty arbitration arising from the revocation of a license and the expropriation of investors’ interest and rights in mining project.
• Representing the Philippines Government in an ICC arbitration of a dispute concerning the construction of an international airport terminal.
• Representing a North Asian party in emergency proceedings for interim relief in a complex dispute arising from an agreement for sale and purchase of shares in a listed company.
• Representing a multi-national oil company in the arbitration of a dispute concerning the assignment of an interest in a production-sharing contract in North Asia.
• Representing an Asian state-owned enterprise in a dispute with a foreign investor arising from the sale of a state-owned bank involving allegations of breaches of representations and warranties.
• Representing an international telecommunications group in an arbitration of a dispute concerning alleged breaches of patent licenses and the amount of royalties due.
• Representing a North Asian manufacturing group in its claims against a major European manufacturing group in a dispute arising under a sale and purchase agreement for the sale of a group of Asian businesses, which involved issues regarding licensing, manufacturing and delivery of goods in the high-tech sector.
• Representing an international advertising group in a dispute arising from breach of representations and warranties in a sale and purchase agreement involving distribution issues under PRC law.
• Representing an Asian party in a dispute arising from distribution agreements for satellite services.
• Representing an international IT group in a dispute concerning the termination of distributorship agreements in the PRC.
• Representing a foreign investor in Indonesia in a dispute arising from a distribution agreement.
• Representing the sellers of a controlling stake in a publicly listed company in an Asian jurisdiction in a dispute with the purchaser arising from the share sale and purchase agreement.
• Representing a European company in a dispute with Indonesian and Cayman Island entities arising from repayment obligations under a facility agreement relating to the supply and purchase of telecommunications materials and services in Indonesia.
• Representing a North Asian company in a dispute with a major Asian coal producer arising from a contract for sale and purchase of coal by a series of shipments.
• Representing a substantial Southeast Asian investment group in an ad hoc arbitration with a substantial North Asian conglomerate in a dispute involving indemnification claims under an agreement for sale and purchase of shares.
• Representing the respondent in a SIAC arbitration of a contractual dispute for breach of representations and warranties governed by Singapore law.
• Representing a multinational conglomerate in a shareholder’s dispute with a Hong Kong based international group involving, among other things, an unauthorized sale of a US$425 million asset and structuring of the claimed compensation.
• Representing a Sino-Foreign joint venture in the power generation sector in a substantial dispute with a European equipment and service supplier.
• Representing Asian investors in a potential investment treaty arbitration concerning expropriation of their investment in a substantial real estate development.
• Representing an international group in its licensing dispute with North Asian manufacturers of equipment governed by Californian law.
• Representing a Philippine engineering and construction company in a settlement of claims in an arbitration involving construction and engineering contracts for a telecommunications project.
• Representing a Sino-Foreign joint venture in the power generation sector in a substantial dispute with a French equipment and service supplier.
• Representing a European group that was a claimant against a joint venture participant in CIETAC arbitration.
• Representing European and Filipino companies in a dispute governed by ICC Rules with a Filipino company arising from various agreements concerning the supply and purchase of telecommunications materials and services in the Philippines, and a related facility agreement.
• Representing a Thai company in an ad hoc arbitration of a dispute arising from the charter party of a vessel. 
• Representing Japanese companies in two ICC arbitrations against Russian companies concerning the breach of restructuring agreements.

Litigation

Kim’s litigation cases while a partner at White & Case LLP included successfully representing Chime Corporation, the Chinachem Group holding company, in Hong Kong litigation commenced by the Joint Liquidators against Mrs. Nina Wang, Chime Corporation and others. 

In the early 1990’s Kim was a member of the Baker & Mc Kenzie team in Hong Kong that represented the Joint Liquidators of Carrian Investment Limited in various Hong Kong and cross border litigation arising from the liquidation of various Carrian group members.