People

Arie Eernisse

Arie Eernisse

Senior Foreign Attorney

Introduction

Introduction

Arie Eernisse is a senior foreign attorney in the International Dispute Resolution Practice Group at Shin & Kim.

Arie has advocated on behalf of a diverse array of Korean and foreign clients in arbitration matters governed by the rules of the International Chamber of Commerce (ICC), Korean Commercial Arbitration Board (KCAB), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC) and other institutions, as well as ad hoc arbitration matters governed by the UNCITRAL rules.

Arie has been involved in commercial and investment arbitration disputes about mergers and acquisitions, sale of goods, resource exploration, construction, oil and gas, distribution agreements, financial investments, real estate, maritime, intellectual property, military and defense procurement, tortious conduct and more.

Arie is a Fellow of the Chartered Institute of Arbitrators (CIArb) and an active member of the Arbitration Committee of the International Bar Association (IBA) and the International Council for Commercial Arbitration (ICCA). He is on the KCAB Next Steering Committee. He is also an Assistant Editor (East and Central Asia) of the Kluwer Arbitration Blog.

Prior to joining Shin & Kim, Arie served as a law clerk to a federal judge at the U.S. Court of International Trade in New York City. At Duke University School of Law, Arie was a staff editor of the Duke Journal of Comparative & International Law.

Education
  • 2012Duke University, School of Law (J.D./LL.M. in International & Comparative Law)
  • 2007Wesleyan University (B.A., with honors and phi beta kappa, in East Asian Studies)
Professional Career
  • 2021-PresentMember, KCAB INTERNATIONAL Panel of International Arbitrators
  • 2021-PresentMember, KCAB Next Steering Committee
  • 2019-PresentAssistant Editor (East and Central Asia), Kluwer Arbitration Blog
  • 2018-PresentSpecialist Mediator of Singapore International Mediation Centre(SIMC)
  • 2017-PresentFellow, Chartered Institute of Arbitrators
  • 2014-PresentShin & Kim LLC
  • 2012-2013Law Clerk, U.S. Court of International Trade, New York, New York
Bar Admissions
  • 2013New York
Memberships
  • International Bar Association
  • Chartered Institute of Arbitrators (FCIArb)
  • International Council for Commercial Arbitration (ICCA)
  • American Chamber of Commerce in Korea
Languages

English, Korean, Chinese

Professional Activities

Recent Experience
  • Represent a Korean electric power generation public utility in an investment treaty dispute against the Government of India relating to the power plant in which it invested (international law; UNCITRAL arbitration; Singapore seat)
  • Represented a major European defense industry client in aircraft procurement dispute against governmental entity (Korean law; KCAB arbitration; Seoul seat)
  • Represent a heavy industry company in a dispute against a Bangladeshi power supplier relating to failure to pay for and alleged defects with power plant equipment (Swiss law; ICC arbitration; Geneva seat)
  • Represent a chemical and auto parts manufacturer in a dispute against a finance company based in Saudi Arabia in a dispute relating to payment of amounts allegedly due under a financial agreement (English law; LCIA arbitration; London seat)
  • Represent a Korean power company in a dispute against a U.S. power company relating to defects in goods supplied for use in a thermal power plant (Korean law; KCAB arbitration; Seoul Seat)
  • Represent a government agency against two U.S. companies in a dispute relating to breach of a retainer agreement (Korean law; KCAB arbitration; Seoul seat)
  • Represented a leading Korean metals manufacturer in defense of a product liability and indemnity claim brought by a U.S. company (CISG and U.S. state law; ICC arbitration; Geneva seat)
  • Represented a Korean government agency against a major European manufacturer in a naval procurement dispute involving an allegedly defective motor (Korean law; KCAB arbitration; Seoul seat)
  • Represented a leading Asian private equity company in a dispute arising over its sale of one of the largest logistics companies in Korea to another major private equity company (Korean and Hong Kong law; HKIAC arbitration; Hong Kong seat) (co-counsel)
  • Represent a state-owned nuclear energy company in defense of claims relating to payment for replacement parts (Korean law; two KCAB arbitrations; Seoul seat)
  • Represent investors in the first two investor-state treaty disputes involving Korea (international law; ICSID arbitration; Washington, DC seat) (co-counsel)
  • Represent a wind-power generation system manufacturer in dispute against a major European component manufacturer (Swiss law; ICC arbitration; Seoul seat)
  • Represented a leading Korean private equity fund in post-M&A dispute against a European insurance major relating to life insurance liabilities (Korean law; ICC arbitration; Hong Kong seat) (co-counsel)
  • Represented a Malaysian car dealership in defense of claims brought by a Korean conglomerate regarding liability under credit facility agreements (Korean law; two KCAB arbitrations; Seoul seat)
  • Represented a Korean photovoltaic inverter manufacturer in a dispute against a Thai company relating to liability for destruction of goods (Korean law; KCAB arbitration; Seoul seat)
  • Represented a quasi-governmental ocean research organization in a dispute against a Swiss deep-sea exploration company regarding liability for delay (Korean law; ICC arbitration; Singapore seat)
  • Represent a Korean video game company in separate disputes against Chinese companies regarding intellectual property infringement and other issues (Korean law or Singapore law; three ICC or SIAC arbitrations; Singapore seat) (co-counsel)
  • Represented a Kuwaiti cosmetics distributor in a contract termination dispute against a Korean cosmetics company (Korean and Kuwaiti law; KCAB arbitration; Seoul seat)
  • Represented a Korean real estate investment entity in a dispute over hotel management (Korean law; KCAB arbitration; Seoul seat)
  • Represented a Korean home goods entrepreneur in defense of contractual claims brought by a U.S. contractual counterpart (Korean law; KCAB arbitration; Seoul seat)
  • Represent a Mauritian investor against a Korean clothing company regarding in a dispute relating to a share purchase agreement (Korean law; SIAC arbitration; Singapore seat)
  • Represent Korean conglomerates and other clients in litigations throughout the world; represent foreign (non-Korean) clients in litigation matters in Korea
Publications
Speaking Engagements
  • Presenter, “Enforceability of Awards for Cases Involving Virtual Hearings in Korea” (CIArb Korea Chapter Virtual Monthly Breakfast Series, April 2021)
  • Panelist, “ADR World Tour: Asian Perspectives on ISDS Reform" (CIArb YMG Virtual Event, January 2021)
  • Panelist, “IBA Arb40 Workshop: Arbitrator Challenges and Conflicts of Interest” (IBA Annual Conference, Seoul, September 2019)
  • Presenter, “Time to Be More Open? Adopting a More Proactive Approach to Publication of Awards” (Inaugural CIArb Asia-Pacific Regional Conference, Singapore, April 2019)
  • Discussant, “Current Mediation Developments in the Asia Pacific Region” (2nd Asia Pacific Mediation Conference, Seoul, November 2018)
  • Facilitator, “Drafting and Handling Early Dismissal Applications” (SIAC Academy, Seoul, June 2018)
  • Presenter, “To be or not to be: Publication of Arbitral Awards” (ICC Young Arbitrators Forum (YAF), Seoul, May 2018)
  • Discussant, “Investment Treaty Protections” (ISD Masterclass Seminar co-hosted by Shin & Kim LLC, Seoul, May 2018)
Community Involvement
  • Reviewer, PwC / Maxwell Chambers Expert Witness Cross Examination Moot (September 2020)
  • Rapporteur for Arbitration Committee Panels, IBA Annual Conference 2019 (Seoul, September 2019)
  • Rapporteur, SIAC-KCAB Seoul Conference 2019: “Cross-Border Construction Disputes in 21st Century Asia” (Seoul, September 2019)
  • Moot Arbitrator, Pre-Vis East Moot Arbitration Competition (Seoul, February 2018)
  • Moot Arbitrator, FDI Moot Asia-Pacific Regional Rounds (Seoul, August 2016)
  • Participant/Actor, KCAB International Arbitration Tutorial Video (Seoul, August 2016)
  • Moot Arbitrator, Pre-Vis East Moot Arbitration Competition (Seoul, February 2016)
  • Moot Arbitrator, FDI Moot Asia-Pacific Regional Rounds (Seoul, August 2019)
Awards and Recognitions
  • 2016Finalist, 19th annual Kyung-Hee University Korean for Foreigners Speech Contest
  • 2016Finalist, 2nd annual Young SIAC Essay Competition
Professional Accolades
  • "Associates to watch" for Dispute Resolution: Arbitration, Chambers Global/Chambers Asia, 2020-2021
  • “Rising Star” for International Arbitration, Legal500, 2020-2021
  • “Next Generation Lawyer” for International Arbitration, Legal500, 2018-2019

   

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