Sovereign Wealth Funds – Preserving Sovereign Immunity

By Hwan Kim on July 11, 2019

In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds (“SWFs”) should take care to avoid inadvertent or unnecessary waiver of sovereign immunity–before they establish operational or investment management presence in the United States. SWFs generally benefit from sovereign immunity in the United States under the Foreign Sovereign Immunities Act (“FSIA”). As an agency or instrumentality of foreign state, they are generally entitled to immunity from the…

Lex Arbitri

Pursuing Parallel Arbitration Under an Investment Treaty

By Hwan Kim on June 11, 2019

For various reasons–including fairness, efficiency, and avoiding inconsistent results–courts and arbitration tribunals apply a range of procedural tools to discourage parties from pursuing multiple, separate dispute resolution proceedings between the same parties over related claims arising from a single dispute. In cases involving foreign investment within the coverage of an investment treaty, such as a bilateral investment treaty (BIT) or free trade agreement, however, the investing party may have compelling reasons to simultaneously pursue commercial…

Lex Arbitri

Contracts with Foreign Companies May Require a Rewrite

By Hwan Kim & Neil Popovic on September 16, 2018

A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL 2455092 (Cal. App. June 1, 2018), the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention.…

U.S. Legal Insights for Korean Businesses

Contracts with Foreign Companies May Require a Rewrite

By Hwan Kim & Neil Popovic on June 22, 2018

한국어 번역문은 이곳을 클릭해주시기 바랍니다. A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL 2455092 (Cal. App. June 1, 2018), the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to…

Corporate & Securities Law Blog

Contracts with Foreign Companies May Require a Rewrite

By Hwan Kim & Neil Popovic on June 13, 2018

Construction & Infrastructure Law Blog

EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

By Hwan Kim on June 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention. The decision could have profound…

Construction & Infrastructure Law Blog

Contractors May Benefit by Taking Equity in the Project They are Constructing

By Hwan Kim on January 17, 2018

Contractors may benefit in making a small equity investment in the projects they construct. The financial benefit can arise from the investment itself and from improved understanding and communication with the owner during construction itself. In the past, it was not unusual for construction companies to make small equity investments in the projects they worked on. For example, a construction company building a power plant would take a 5% equity interest in the project. By…

Law of the Level

Seeking foreign investors for your tech startup? Congress says, “not so fast.”

By J. Scott Maberry, Reid Whitten & Hwan Kim on January 12, 2018

The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics, and semiconductors. We know: you’re saying we already have that in the form of the Committee on Foreign Investment in the United States (known as CFIUS).…

Venture Law Blog