Photo, David Kim

David Kim

Partner
Baker McKenzie & KL Partners Joint Venture Law Firm
Not admitted to practice law in this jurisdiction

Biography

As Partner in Baker McKenzie & KL Partners International Arbitration Team, David Kim is highly regarded for his extensive experience in assisting clients with a broad range of international arbitration matters.

Mr. Kim's experience in international arbitration matters includes, among other things, acting as legal counsel for many different clients in various arbitration cases before the ICC, SIAC, ICSID, HKIAC, KCAB, and LCIA, as well as in ad-hoc arbitrations under the UNCITRAL rules. He has represented multinational corporations, government entities, defense contractors, and high-profile individuals in numerous commercial disputes related to construction, shipping, military contracts, energy and natural resources, telecommunications, intellectual property, and investor-state matters. Prior to commencing his professional work in 2008 as an arbitration practitioner in Korea, Mr. Kim worked as a litigator in Canada.

Mr. Kim has also previously served as an adjunct professor at the Judicial Research and Training Institute of the Supreme Court of Korea, and is a faculty member for the Delos Dispute Resolution ROAP Asia.

Mr. Kim has been recognised as a leading practitioner by Chambers and Partners Global and Chambers and Partners Asia-Pacific, which describes him as someone whose "advocacy is logical, persuasive and tempered", who "will go the extra mile to take care of his clients" and who is “the next-generation leader of the Korean arbitration world". David is also ranked in The Legal 500 and Benchmark Litigation Asia-Pacific as a "dispute resolution star” and was named as an "outstanding young partner" in Chambers and Partners Asia-Pacific (2016). In 2019, Mr. Kim was named a "next-generation leader in arbitration" by the KCAB, the first time the Board has awarded such a distinction.

Representative Legal Matters

  • ICC Arbitration: representation of a Korean construction company in a dispute arising from USD 1 billion sewage treatment plant in the Middle East.

  • USD 4.4 billion ICSID arbitration: acted as co-counsel, representing Lone Star in an investor-state dispute against Korea, which was the first--ever treaty-based investor-state dispute brought against Korea and one of the largest claims ever for an ICSID arbitration.

  • USD 340 million ICSID arbitration: acted as co-counsel representing the holding companies of a UAE-based energy investment fund (IPIC) against the Korean government.

  • SIAC arbitration: represented a quasi-governmental research organization for ocean and coastal science against a Swiss deep-sea exploration shipping company in a dispute arising out of a deep-sea services contract.

  • Ad hoc arbitration under the UNCITRAL Rules: defended a satellite broadcasting and technology company against one of Korea's largest telecommunications companies for breach of license agreement.

  • ICC arbitration: represented the Korean subsidiary of the world's largest lock manufacturer against the former CEO in case involving breach of contract and tortious interference claims arising out of a sale agreement.

  • KCAB arbitration: defended an Italian defense company against the Korean military involving complex and novel issues of product liability and warranties related to the supply of missiles.

  • SIAC arbitration (seated in Singapore): represented one of the world’s largest shipbuilding companies against a Luxembourg purchaser (dispute governed by English law) of a USD 100 million ship in action to obtain interim relief pursuant to SIAC’s emergency arbitrator provisions.

  • ICC arbitration: represented a Korean green energy and chemical company against a Swiss silicon wafer production company in breach of contract claim under a sale and purchase agreement.

  • ICC arbitration (seated in New York USA): defended a Korean manufacturing company against an American automotive glass manufacturing company regarding breach of contract and tortious interference claims arising from the sale of automotive glass production machinery.

  • Ad hoc (UNCITRAL) arbitration (seated in England): represented a Korean national against an American management consulting company regarding breach of non-competition provisions of a partnership agreement.

Professional Honors

  • Ranked 'Litigation Star' (International Arbitration Area) in Benchmark Litigation Asia Pacific 2023
  • Ranked as Band 2 professional, Dispute Resolution: Arbitration, in Chambers Global 2023
  • Ranked as Band 2 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2023
  • Ranked 'Next generation partners' in International arbitration, Legal 500 Asia-Pacific
  • Ranked as 'Distinguished practitioner', Dispute Resolution, in Asialaw Leading Lawyers 2023
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2022
  • Ranked 'Next generation partners' in International arbitration, Legal 500 Asia-Pacific
  • Ranked as 'Distinguished practitioner', Dispute Resolution, in Asialaw Leading Lawyers 2022
  • Ranked 'Litigation Star' (International Arbitration Area) in Benchmark Litigation Asia Pacific 2022
  • Ranked 'Next generation partners' in International arbitration, Legal 500 Asia-Pacific
  • Ranked 'Future star' (International Arbitration Area) in Benchmark Litigation Asia Pacific 2021
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2021
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2021
  • Ranked 'Next generation lawyers' in International arbitration, Legal 500 Asia-Pacific 2020
  • Ranked 'Future star' (International Arbitration Area) in Benchmark Litigation Asia Pacific 2020
  • Ranked as 'Distinguished practitioner', Dispute Resolution, in Asialaw Leading Lawyers 202
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Global 2020
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2020
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2019
  • Ranked 'Future star' (International Arbitration Area) in Benchmark Litigation Asia Pacific 2018
  • Ranked as 'Future Leader' in Who's Who Legal Arbitration 2018
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2018
  • Named 'Korea Arbitration Future Leader' by the Korean Commercial Arbitration Board (KCAB) 2018
  • Ranked as Band 3 professional, Dispute Resolution: Arbitration, in Chambers Asia-Pacific 2017
  • Ranked 'Up-and-Coming Individual' in Chambers Asia-Pacific 2016
  • Ranked 'outstanding young partner' in Chambers Asia-Pacific 2016
  • Ranked 'Up-and-Coming Individual' in Chambers Asia-Pacific 2015

Admissions

  • Alberta~Canada (2006)

Education

  • University of Calgary (LL.B.) (2005)
  • University of Alberta (B.Sc.) (2001)

Languages

  • English
  • Korean
  • Author, "Legal Privilege," Confidentiality and professional secrecy Q&A, South Korea 2020
  • Interview with Professor Hi-Taek Shin, Korean Arbitration Review, November 2013
  • Co-author, "Korea Chapter in Getting the Deal Through - Investment Treaty Arbitration," Law Business Research, 2016
  • Co-author, "Korea Chapter in GAR Know-How," Commercial Arbitration Korea section; Global Arbitration Review, YEAR
  • Author, "Nothing to Fear: Korean Law as the Governing Law of Arbitration', Asialaw Leading Lawyers, August 2010