Hi-Taek Shin

Twenty Essex Chambers

Seoul www.twentyessex.com

htshin@twentyessex.com Tel: +82 10 5252 2125

Biography

Professor Shin has unique experience combining a successful career as counsel, academic and arbitrator and in the public service. Until 2007, he had been a partner at Kim & Chang, the leading Korean law firm. Since 2007, he has been teaching on investment arbitration at Seoul National University. He served as the chairman of the Korea Trade Commission – the trade-remedy authorities (20162019). Since 2018, he has been serving as the chairman of KCAB INTERNATIONAL.

What do you enjoy most in your respective roles as counsel, academic, arbitrator and public servant?

I enjoyed all of my respective roles when I acted in each capacity. I now feel that my role as an international arbitrator at Twenty Essex (London/Singapore) is the culmination of my career, taking the benefit of the experience I have accumulated over the years as counsel, academic and public servants for the effective resolution of disputes arising from international commerce and investment. In particular, I enjoy working with reputable international arbitrators from different legal and cultural background on the issues involving complicated legal issues of diverse jurisdictions and legal traditions.

In your opinion, what legacy have you left behind at Korean Trade Commission?

Enhanced due process guaranteeing the parties a fair opportunity to present their case and the level of transparency in the entire process including the decision making.

How has the dynamic between arbitral tribunals and experts changed over the years?

I see two seemingly conflicting dynamics between tribunals and experts. First, as we now see experts on legal issues and quantum as well as in other disciplines in almost all cases involving substantial stakes, arbitral tribunals have become more reliant on experts’ opinion as an anchor to support their analysis. On the other hand, arbitral tribunals face difficulty when presented two contrasting views of experts who apparently act as de facto “advocates” rather than “experts”. Some practitioners have told us of greater international harmonisation between arbitrator codes of conduct, particularly for investor-state arbitration. Is this something you see, and how could it change arbitration?

Yes, I do. The harmonisation of the code of conduct for arbitrators would certainly enhance the responsible behaviour of arbitrators and thereby public trust in the process and outcome of the international arbitration. Failure to have self-regulated discipline would invite external regulation.

As chairman of KCAB INTERNATIONAL, what hurdles are you facing in making Korea a more popular seat in the region and how is the board overcoming such obstacles?

The hurdles are more of perception on the quality as well as the impartiality and fairness of international arbitration case administration. To overcome this perception, in 2018, KCAB Board has set up KCAB INTERNATIONAL as an independent division, which is under the command of its own chairman. KCAB INTERNATIONAL’s case administration is in line with the international standard, very distinct from the domestic case management of KCAB. KCAB INTERNATIONAL has its own panel comprising reputable international arbitrators.

As member of the SIMC, what do you think the future of mediation lies in Korea and will it ever outshine arbitration?

The future of mediation in Korea is very bright. Koreans are very familiar with the utilities of mediation. Currently, the Korean mediation scene is dominated by court-affiliated mediation and various kinds of administrative mediation. However, in the process of Korea’s ratification of the Singapore Mediation Convention, I expect that the necessary legal infrastructure facilitating international mediation would be in place. Once that happens, there is good potential for Korean businesses to utilise international mediation as a meaningful option to resolve their disputes in international business transactions.

What has been your greatest achievement to date?

I take pride in being one of the pioneers leading the internationalisation of the Korean arbitration community, having played a leading role in launching the Seoul International Dispute Resolution Center (Seoul IDRC) in 2013, having participated in the task force working for the amendment to the Korean Arbitration Act in 2016, which incorporated major elements of the 2006 UNCITRAL Model Law and having played a role in the launching of KCAB INTERNATIONAL in 2018. I was the first Korean arbitrator appointed to serve as chairperson in an investment arbitration case under ICSID Convention.

What skills do you think are overlooked by and would encourage the up-and-coming generation of arbitration professionals to develop?

Understanding and appreciating the fine differences of the parties, experts and in particular witnesses from diverse cultures.

Peers and clients say: “Hi-Taek Shin is a leading arbitration lawyer” “He is a highly impressive arbitrator who leads the Korean market” “Hi-Taek Shin is a go-to person when you need a real heavyweight arbitrator”