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Herbert Smith Freehills Wins First Arbitration Under Korea-US Free Trade Agreement

Oct 25, 2019 - Legal Week

Herbert Smith Freehills has successfully defended the South Korean government on an arbitration claim under the Korea-U.S. free trade agreement (KORUS FTA)-the first arbitration award of its kind.

The claim was brought by Jin Hae-seo, a Korean-born U.S. citizen, who argued that the Korean government's expropriation in 2016 of a property she owned violated the seven-year-old KORUS FTA. The claim largely hinged on whether the property, which includes two houses, can be considered a ...