Arbitral Digest

Matter

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

Case no.
ARB/20/26
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 18 June 2021Arbitration

    18 June 2021Arbitration

    Decision on the Respondent's Preliminary Objection Pursuant to Rule 41(5) of the ICSID Arbitration Rules

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that Claim B was not manifestly without legal merit; held that Claims C and F were not manifestly without legal merit; held Claim D manifestly without legal merit; and reserved the costs of and incidental to the Rule 41(5) Objection.

    Supporting details

    9 authorities · 33 participants
    Fengzhen Min
    Representative
    Wade Coriell (For: Fengzhen Min)
    Representative
    Aloysius Llamzon (For: Fengzhen Min)
    Representative
    Xiaomao Min (For: Fengzhen Min)
    Representative
    Joel Ng (For: Fengzhen Min)
    Representative
    Ning Fei (For: Fengzhen Min)
    Representative
    Xueyu Yang (For: Fengzhen Min)
    Representative
    King & Spalding (Singapore) LLP (For: Fengzhen Min)
    Representative
    King & Spalding LLP (For: Fengzhen Min)
    Representative
    Hui Zhong Law Firm (For: Fengzhen Min)
    Republic of Korea
    Representative
    Matthew Hodgson (For: Republic of Korea)
    Representative
    Guled Yusuf (For: Republic of Korea)
    Representative
    Jae Hee Suh (For: Republic of Korea)
    Representative
    Fares Nowak (For: Republic of Korea)
    Representative
    Daniel Hreka (For: Republic of Korea)
    Representative
    Yun Jae Baek (For: Republic of Korea)
    Representative
    Jeonghye Sophie Ahn (For: Republic of Korea)
    Representative
    Jae Hyong Woo (For: Republic of Korea)
    Representative
    Min Kyu Lee (For: Republic of Korea)
    Representative
    Young Geon Claire Kim (For: Republic of Korea)
    Representative
    Allen & Overy (For: Republic of Korea)
    Representative
    Yulchon LLC (For: Republic of Korea)
    Representative
    Changwan Han (For: Republic of Korea)
    Representative
    Hyun Song Lee (For: Republic of Korea)
    Representative
    Hyungjoo Lee (For: Republic of Korea)
    Representative
    Soo Min Yang (For: Republic of Korea)
    Representative
    Ajoo Kim (For: Republic of Korea)
    Representative
    Ministry of Justice (For: Republic of Korea)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Ian Glick QC
    Arbitrator
    Donald M. McRae
    Tribunal secretary
    Geraldine R. Fischer

    Authorities cited

    9
    • Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25, Award, 9 March 2017)
      Case law
    • Emmis International Holding, B.V. and others v. Hungary (ICSID Case No. ARB/12/2, Decision on Respondent's Objection under ICSID Arbitration Rule 41(5), 1 March 2013)
      Case law
    • Spence International Investments and others v. Republic of Costa Rica (ICSID Case No. UNCT/13/2, Interim Award, 25 October 2016)
      Case law
    • United Parcel Service of America Inc. v. Government of Canada (ICSID Case No. UNCT/02/1, Award, 24 May 2007)
      Case law
    • Apotex Inc. v. Government of the United States of America (UNCITRAL, Award on Jurisdiction and Admissibility, 14 June 2013)
      Case law
    • Mobil Investments Canada, Inc. v. Canada (ICSID Case No. ARB/15/6, Decision on Jurisdiction and Admissibility, 13 July 2018)
      Case law
    • Rusoro Mining Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/12/5, Award, 22 August 2016)
      Case law
    • Naturgy Energy Group, S.A. v. Republic of Colombia (ICSID Case No. UNCT/18/1, Award, 12 March 2021)
      Case law
    • Astrida Benita Carrizosa v. Republic of Colombia (ICSID Case No. ARB/18/5, Award, 19 April 2021)
      Case law

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