Session 3 Speakers
"ADRs in Asia for Construction and Energy Industry"
[Session 3] Co-Moderators
Byung-Woo Im
Partner, Kim & Chang
Byung-Woo Im is an attorney in Kim & Chang’s International Arbitration & Cross-Border Litigation Practice, International Practice, Aerospace & Defense Practice and International Trade & Customs Practice.
Mr. Im has extensive experience representing foreign and domestic clients in numerous international commercial arbitration cases, including cases conducted under the rules of the ICC International Court of Arbitration, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, London Court of International Arbitration and Korean Commercial Arbitration Board. He also regularly advises clients in drafting arbitration agreements and in handling enforcement matters.
Mr. Im also advises clients on both contentious and non-contentious matters in all stages of overseas and domestic infrastructure and construction projects. He has participated in negotiations and drafted project documents, including shareholders agreements, concession agreements and construction contracts, on behalf of foreign and domestic clients in large infrastructure or construction projects led by the governments of South Korea, Oman, Nigeria, Algeria, Iraq and Thailand. He has also counseled various foreign and domestic clients on contentious matters in large infrastructure and construction projects carried out in South Korea, UAE, Saudi Arabia, Oman, Qatar, Kuwait, Egypt, Libya, Australia, Thailand, Pakistan and Vietnam.
As a key member of the firm’s Aerospace & Defense Practice, Mr. Im has represented American and European defense companies in procurement transactions with various Korean authorities including the Defense Acquisition Program Administration (DAPA) as well as the Public Procurement Service (PPS). He has worked on contract negotiations as well as dispute resolution matters involving DAPA projects.
Abby Cohen Smutny
Partner, White & Case
Abby Cohen Smutny is Global Co-Head of International Arbitration at White & Case LLP. She is widely recognized as one of the world’s leading international arbitration practitioners and is an experienced arbitrator. She has over 30 years’ experience representing parties in commercial arbitration and in a wide range of treaty-based arbitrations, representing both investors and State parties. She is Vice-President of ICCA, a member of the Court of the Singapore International Arbitration Centre and a member of the Board of Directors of the Saudi Center for CommerciaI Arbitration. She also has served as Chair of the Institute for Transnational Arbitration (ITA), Vice-President and Counsellor of the American Society of International Law, Vice-Chair of IBA’s Arbitration Committee, Chair of the IBA’s Investment Treaty Sub-Committee, President of LCIA’s North American Users Council, a member of the AAA-ICDR Council, and Chair of the International Law Section of the Washington DC Bar.
[Session 3] Speakers
Yun Jae Baek
Partner, Yulchon
Yun-Jae Baek is the partner of the International Dispute Resolution Practice at Yulchon LLC and is considered Korea’s top lawyer in the areas of international arbitration and general corporate practice and has acquired expert knowledge and experience for over 30 years.
Mr. Baek has acted as presiding arbitrator, sole arbitrator, co-arbitrator, and counsel in numerous international arbitrations. To date, he has handled more than 200 arbitration cases, both domestically and internationally, under various arbitration rules including the ICC, ICSID, UNCITRAL, AAA, KCAB, HKIAC, WIPO and SIAC. He is currently an active arbitrator for various arbitration institutions including the KCAB, ICC, the Shanghai International Economic and Trade Arbitration Commission, the Asian International Arbitration Center(formerly Kuala Lumpur Regional Center for Arbitration) in Malaysia and others.
In addition to his active arbitration practice, Mr. Baek serves the international arbitration community in various capacities. For example, he currently holds several positions, such as national committee member of ICC Korea for international arbitration; vice president of the Korean Association of Arbitration Studies; vice president of the Korean Council for International Arbitration; member of Tehran Regional Arbitration Centre; and member of CIArb. His reputation has allowed him to be selected as a leading lawyer by renowned publications such as Chambers Global, Who’s Who Legal, and Benchmark Litigation.
Mr. Baek was educated in civil law and common law jurisdictions, having obtained degrees from Harvard Law School (LLM), the Graduate School of Law at Seoul National University, the Judicial Training Research Institute, and Seoul National University Law School (LLB, with honor). He is qualified licensed to practice both the Korean and New York Bar.
Cavinder Bull SC
CEO, Drew & Napier
Cavinder Bull, SC is the Chief Executive Officer of Drew & Napier, a leading full-service law firm in Singapore. He has an active practice in complex litigation and international arbitration. He is engaged in trial and appellate advocacy at all levels of the Singapore Courts, handling a wide range of complex litigation matters including corporate disputes, fraud, insolvency, private equity disputes, antitrust. He also appears as counsel and sits as an arbitrator in investment and commercial arbitrations, including cases under the auspices of ICSID, NAFTA, PCA, ICC, SIAC, LCIA, UNCITRAL and KCAB.
He is Vice-President of the Court of Arbitration of the Singapore International Arbitration Centre (SIAC) and on the Governing Board of the International Council for Commercial Arbitration (ICCA) Cavinder was a member of the World Bank Sanctions Board, a former Vice-President of the Asia Pacific Regional Arbitration Group and served as Chairman of the Singapore Stock Exchange’s Disciplinary Committee. He was also a member of the Securities and Industries Council and the inaugural Disciplinary Tribunal of the International Association of Athletics Federations.
Cavinder graduated with First Class Honours in law from Oxford University in 1992, winning the Bellot Prize for Public International Law from Trinity College. He was called to the Bar of England & Wales the following year, placing fourth in the Bar examinations. He returned to Singapore and passed the Singapore Bar exams, winning two prizes, including the prize for top candidates. He was a Justice’s Law Clerk before joining Drew & Napier where he has been practising since, save for some time in the United States where he obtained an LL.M from Harvard Law School and then practised litigation and arbitration in New York with Sullivan & Cromwell. Cavinder was appointed Senior Counsel by the Chief Justice of Singapore in 2008, one of a handful accorded the honour before the age of 40.
David Delman
Senior Executive Vice President, Samsung Engineering
As an executive at Samsung, Chicago Bridge & Iron and Fluor Corporation and as a partner with the Hogan Lovells law firm, David’s experience spans the challenges confronting the development and execution of international mega EPC projects and the pressures that company personnel face maintaining as bid profitability and avoiding/resolving disputes. Combining vast experience in both contract formation and dispute resolution, David provides unique insights, delivering business-oriented, pragmatic commercial solutions that account for both legal/commercial risk and company operational priorities.
David has served not only as trusted advisor to senior management handling the most sensitive, complex and significant matters facing international contractors, but also as first chair trial lawyer on numerous mega project arbitrations in the power, hydrocarbon, mining and infrastructure sectors. During his tenure with Fluor, he over-saw the litigation, environmental and insurance functions for the company. At Chicago Bridge & Iron, David served as its Chief Legal Officer and at Samsung, David is a Senior Executive Vice President responsible for all international legal, contracts and commercial management functions.
Jonathan Humphrey
Partner/Chartered Accountant, HKA
Jonathan Humphrey is the Lead of HKA’s Forensic Accounting and Commercial Damages practice in Asia Pacific and has more than 25 years of experience advising clients as an accounting and finance expert on complex contentious matters and in an advisory capacity. His experience includes the quantification of lost profits arising from breach of contracts and warranties, valuations resulting from expropriation and shareholder disputes and quantification of damages in respect of class actions, professional negligence, insurance claims and post-acquisition disputes. He has worked across sectors including cryptocurrency, oil and gas, power, construction, IT and telecoms, financial services and manufacturing; and has an established international background working in jurisdictions including Australia, Asia, the United Kingdom, Continental Europe, the Middle East and Africa.
Jonathan is appointed regularly as an expert in contentious matters and has experience providing oral evidence in commercial and investment treaty cases. He has worked in multiple forums, including international arbitration under ICC, ICSID, UNCITRAL, LCIA, SIAC, DIAC and HKIAC rules, court litigation and mediation.
Jonathan's extensive construction industry experience includes the assessment of consequential damages, including lost profits; challenging the reasonableness of liquidated damages; valuing losses from expropriated assets; analysing claims for incurred and additional cost; quantifying quantum meruit claims; joint venture disputes; shareholder disputes; assessing additional financing costs due to delays; quantifying claims for insured events; claims for opportunity cost; accounting issues; and overhead allocation and apportionment.
Jonathan is recognised annually by Who’s Who Legal as a Global Elite Thought Leader. He is recognised as an expert in “Financial Advisory and Valuation”, “Arbitration”, “Commercial Litigation”, “Construction”, “Quantum Delay & Technical”, “Investigations” and “Forensic Accounting”.
Steve Kim
Secretary-General, KCAB INTERNATIONAL
As a US attorney, Steve has extensive experience in the field of international arbitration and served as the Director of the International Centre for Dispute Resolution of the American Arbitration Association (New York). During his tenure at ICDR, he helped to grow the ICDR to become the global number one international arbitration administration center.
Steve also served as a senior corporate counsel for Samsung Corning Precision Material, advising on various corporate legal matters including dispute resolution, antitrust investigation, intellectual property negotiation, JV, and a host of other high-profile matters. Steve then went on to become the Korea country manager for CPA Global, one of the largest intellectual property legal service providers based in the UK. As a country manager, Steve achieved multiple million USD in new sales and created a new business paradigm which helped CPA Global to become the largest IP service provider in Korea and other key Asian markets.
Steve also served as a Korea consultant for one of the largest EU law firms, assisting the firm in developing new businesses in Korea and making inroads to new revenue streams in the fields of dispute resolution, IP, natural resources, technology, and cross-border investment.
Recognizing the importance of helping new companies to grow beyond the Korean market, Steve advised several start-up companies in various industries including livestock health management and block chain technology.
Steve was invited to speak at numerous international conferences to speak about ADR, business management, technology, IP, and other issues.
Steve graduated from the University of California San Diego (UCSD) in 1994 and received his J.D. from St. John’s University School of Law (New York) in 1997.