LL.M. Programme in Arbitration & Dispute Resolution

Speaker: Min Kyung Kim
Moderator: Shahla Ali, Faculty of Law, HKU 
Date: 30 March 2023
Time: 1:00pm – 2:00pm
Via Zoom

For Registration, please click here.

About the Speaker:

Judge Min Kyung Kim has been sitting as a judge since 2010 in the judiciary of Korea. Her main expertise is in international commercial litigation, including arbitration-related cases (annulment, recognition and enforcement of arbitral awards) as she sat in the Special Division for International Commercial Disputes at the Seoul Central District Court.
Judge Kim has participated in the recent amendment of the Korean Arbitration Act and contributed to enacting new court procedure rules in relation to international arbitration. She is a co-author of the Korean judiciary’s Practice Guide on International Arbitration Issues (2018) published by the Supreme Court of Korea.
Judge Kim holds a BA, MA and PhD from Seoul National University and an LL.M from the University of Cambridge (Queens’ College). She authored Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law (Hart Publishing, forthcoming in 2023) and co-authored the Commentary on the Korean Act on Private International Law (Thompson Reuters, forthcoming in 2023).

About the Workshop:
There are differing views on the importance of conflict of laws rules (i.e. private international law) in the realm of international commercial arbitration. Party autonomy is a critical pillar of international commercial arbitration and in most instances, the arbitral tribunal must apply the law chosen by the parties. However, the “international” aspect of international commercial arbitration, by its nature raises conflict of laws issues due to the various and complicated interactions between different legal systems. This is particularly the case when a governing law for a specific aspect or issue within the arbitration has not been agreed upon between the parties. A conflict of laws analysis will be required to ascertain the correct applicable law in many different crucial junctures during (and even after the conclusion of) the arbitration proceedings.

This workshop intends to examine when and how one should apply conflict of laws rules within the arbitration proceedings.

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