Korea’s Supreme Court holds foreign provisional attachments have no effect in Korea — creditors must secure Korean assets through Korean courts. In brief A favorable ruling from a foreign court or arbitral tribunal is often only the first step in a cross-border recovery strategy. Where the counterparty’s assets are located in Korea, the creditor must separately navigate Korea’s own recognition and enforcement framework — and that framework has just become clearer on a question that…
Author
Byungchul (BC) Kim
BrowsingByungchul (BC) Kim is a disputes counsel at Baker McKenzie & KL Partners in Seoul, with exceptional expertise in investor-state disputes and complex cross-border matters. His practice spans commercial and investment treaty arbitrations before all major institutions, including DIAC, HKIAC, ICC, ICSID, KCAB, PCA and SIAC, as well as arbitration-related court proceedings and award enforcement across multiple jurisdictions. He has been involved in virtually every significant investor-state dispute concerning the Republic of Korea.