Page_UpPage_UpPage_UpPage_UpPage_Up  position: fixed;

PeoplePracticeInsightsNewsBlogContactENG

International Transactions & Disputes

Atlas Legal has handled international contracts, cross-border investment, and international dispute resolution from its offices in the Songdo International Business District (IFEZ), Incheon, South Korea. Our work has ranged from structuring a Korea-Singapore joint venture (JV) agreement to representing a client in a cross-border acquisition dispute involving a Romanian company, establishing Korean subsidiaries for foreign manufacturers, and communicating directly in English with parent company legal teams.

In international disputes, we represent clients in both international litigation and arbitration. We have represented Korean parties in arbitration proceedings before the Korean Commercial Arbitration Board (KCAB), the Singapore International Arbitration Centre (SIAC), and the Hong Kong International Arbitration Centre (HKIAC), and handle the recognition and enforcement of foreign judgments and arbitral awards in Korea.

The Managing Partner holds an LL.M. from the University of California, Davis, School of Law and communicates directly in English, drawing on extensive experience advising foreign-invested companies. He provides comprehensive review of the legal frameworks applicable to international transactions, including the CISG (United Nations Convention on Contracts for the International Sale of Goods), the Foreign Investment Promotion Act (FIPA), and the Korean Arbitration Act.

Services

International Contract Drafting & Review

English contract drafting and review, governing law, jurisdiction and dispute resolution clause design, CISG applicability review, bilingual Korean-English contract preparation

Cross-border M&A & Joint Ventures

Cross-border M&A legal due diligence, JV agreement design, transaction structure for overseas acquisitions, Foreign Investment Promotion Act (FIPA) filing

Foreign-Invested Company Advisory

Korean subsidiary establishment, direct English communication with parent company legal teams, transfer pricing and royalty structuring, English legal opinion letters

International Arbitration

Representation in KCAB, SIAC and HKIAC arbitration proceedings, arbitral tribunal constitution, arbitration clause design, international arbitration strategy

Enforcement of Foreign Judgments & Awards

Recognition and enforcement of foreign court judgments in Korea, enforcement of foreign arbitral awards under the New York Convention (1958), international execution proceedings

Foreign Law Advisory & Local Counsel Network

Coordination with local counsel through the ADVOC global network (80+ jurisdictions) and JTJB International Lawyers, Korean law perspective review of contracts governed by foreign law

When You Need International Legal Counsel

  • Entering into contracts with foreign counterparties: English-language contracts are often drafted under foreign law standards that may be unfavorable to Korean parties. Legal review before signing is essential.
  • Setting up a joint venture with a foreign partner: Profit-sharing, management control, and EXIT conditions must be clearly designed in the JV agreement — ambiguity here is a leading cause of international disputes.
  • Acquiring an overseas company or attracting foreign investment: Country-specific regulations, the Foreign Investment Promotion Act (FIPA), and merger filing requirements involve complex legal procedures.
  • A dispute arises with a foreign counterparty: Which country’s courts, and through what procedure — choosing between international litigation and arbitration requires careful strategic analysis.
  • Enforcing a foreign judgment or arbitral award in Korea: Foreign court judgments do not automatically take effect in Korea — a separate recognition and enforcement procedure under Article 217 of the Korean Civil Procedure Act and Articles 26-27 of the Korean Civil Execution Act is required.
  • A foreign counterparty fails to perform under a contract: Even when the governing law is foreign, you may still pursue rights through Korean court proceedings or arbitration. Selecting the right dispute resolution mechanism is key.

Representative Matters

Joint Venture

Korea-Singapore joint venture (JV) agreement — joint business operations, profit-sharing structure, board composition, dispute resolution provisions and EXIT conditions

International Dispute

International dispute arising from the acquisition of a Romanian company — contract interpretation dispute, damages claims, governing law and jurisdictional issues

Foreign Investment

Korean subsidiary establishment for a foreign manufacturer — Foreign Investment Promotion Act (FIPA) filing, direct English coordination with parent company legal team, transfer pricing and royalty advisory

International Contract

Korean law advisory for an expatriate CEO — board resolution validity review, English legal opinion letter on directors’ duties under Korean labor and commercial law

Cross-border M&A

Founder EXIT through foreign investor acquisition — share exchange agreement, international governing law selection, comprehensive tax issue review