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Kyongwha Chung

Of Counsel

New York +1 212 841 1047

  • About
  • Representative Matters
  • Credentials
  • About

    Kyongwha Chung acts as counsel and advisor for both states and corporate clients in complex international disputes. She is widely recognized for her expertise in public international law, international investment law, construction law, and international arbitration.

    In her work as counsel before numerous international tribunals, Kyongwha regularly:

    • Represents clients in international arbitrations under the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Korean Commercial Arbitration Board (KCAB), Japan Commercial Arbitration Association (JCAA), International Centre for Settlement of Investment Disputes (ICSID), and United Nations Commission on International Trade Law (UNCITRAL) rules;
    • Assists clients in numerous industries, including: energy, engineering and construction, defense and government contracting, financial services, manufacturing, technology and gaming;
    • Advises clients on investment treaty disputes, post-closing M&A disputes, infrastructure and construction disputes, distributorship agreements, among others;
    • Assists clients in settling disputes; and
    • Represents clients in arbitral award enforcement proceedings.

    In addition to her work at Covington, Kyongwha is:

    • a member of the Young Mumbai Centre for International Arbitration (MCIA) Steering Committee;
    • a member of the Steering Committee of the Korean Commercial Arbitration Board Next (KCAB Next);
    • a board member of the Korea International Mediation Center (KIMC);
    • a member of the Rules Committee of the Asia Pacific Centre for Arbitration & Mediation (APCAM); and
    • a KIMC certified mediator and APCAM certified mediator.

    Kyongwha served as the representative of North Asia Chapter of the ICC Young Arbitrators Forum (ICC YAF) from 2017 to 2019 and the Secretary General of the Young Arbitration Practitioners’ Forum (YAPF) under the auspices of Korean Council for International Arbitration (KOCIA) from 2010 to 2015.

    Kyongwha is a regular speaker and writer on various topics in international arbitration, mediation and investment treaty disputes. She:

    • authored “Waiver Clause in International Investment Law” in Trade & Law, Vol. 147 (2020);
    • authored “Emergency Arbitrator Procedure in Investment Treaty Disputes: To Be or Not To Be” in Journal of World Investment and Trade, Vol. 21 (2019);
    • co-authored the Korea chapter in the International Handbook on Commercial Arbitration (2018);
    • co-authored “Legal Implications Related to the Application of FIDIC Contract Forms in Korea” in Bupjo, Vol. 175 (2016);
    • co-authored the full-length treatise on arbitration in Korea, Arbitration Law of Korea: Practice and Procedure (2012);
    • participated in the drafting process of the Korea chapter in the Asia Arbitration Handbook (2011); and
    • co-authored “Responsibility of International Organizations" in Korea Law Review, Vol. 2 (2007).

    Through her active pro bono practice, Kyongwha assists refugees seeking asylum, immigrant women facing domestic violence and immigrant workers.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented a Middle Eastern engineering and construction company in its potential dispute with a Middle Eastern State arising from an infrastructure project.
    • Represented an Asian engineering and construction company in an ad hoc arbitration against a Middle Eastern company in its dispute arising from the construction of an airport terminal.
    • Advised an Asian energy company in its potential post-closing M&A dispute with a U.S. company.
    • Advised an Asian engineering and construction company in an ICC arbitration against its Brazilian joint venture partner in connection with the construction of a major infrastructure project in South America.
    • Represented the Republic of Korea in its first treaty-based arbitration before the ICSID arbitration commenced by Belgian investors.

    • Represented an Asian State in an UNCITRAL arbitration administered by the Permanent Court of Arbitration (PCA) commenced by an European elevator company.
    • Counseled an Asian engineering and construction company in an UNCITRAL arbitration administered by the PCA against a North African State.
    • Advised an Asian state-owned entity in a potential dispute against a sovereign state arising from its investment in a mining project.
    • Counseled an U.S. private equity fund in an ICC arbitration against another U.S. private equity fund in a dispute arising from their investment in an Asian financial institution.
    • Counseled an Asian retail company in an ICC arbitration against a Chinese company in its post-closing M&A dispute.
    • Represented an Asian state-owned company in an ICC arbitration against a Swiss company in connection with its investment in agricultural products.
    • Represented an Asian governmental agency in an KCAB arbitration against a multinational company in its dispute from the procurement of defense materials.
    • Counseled an Asian investor in an ICC arbitration in a dispute arising from a joint venture agreement against a multinational company.
    • Counseled an Asian financial institution in a SIAC arbitration in a dispute against a multinational financial institution in connection with a post-closing M&A dispute.
    • Represented an Asian manufacturing company in a JCAA arbitration in relation to a dispute arising from a distributorship agreement.

    Areas of Expertise

  • Credentials
    Education
    • Seoul National University, Ph.D.
        • Completed coursework
    • Harvard Law School, LL.M., 2016
        • Roger Fisher and Frank E.A. Sander Prize for LL.M. thesis
    • Korea University, M.A., 2012
    • Korea University, LL.B., 2001
        • summa cum laude
    Bar Admissions
    • New York
    • Korea (Seoul Bar Association)
    Languages
    • Korean
    • Italian
    Pro Bono
    • Advised an international pro bono client on best practices for security sector reform in post-conflict states.
    • Advised an international pro bono client on the legal framework on sexual harassment in Korea, as part of a comparative law questionnaire.
    • Represented refugees from Uganda and Bangladesh seeking asylum in Korea.
    • Counseled a Filipino woman in a sexual harassment case.
    • Represented a Pakistani woman in a child custody case before Korean court.
    • Advised immigrant workers relating to civil, criminal and labor issues.
    Accolades
    • Global Arbitration Review and Who’s Who Legal, "Future Leaders" (2023)
    Memberships and Affiliations
    • Inter-Pacific Bar Association (IPBA), International Arbitration Sub-Committee (Investor-State Mediation Working Group), Member
    • Asia – Pacific Centre for Arbitration & Mediation (APCAM), Member of the Rules Committee
    • Korean Commercial Arbitration Board (KCAB), International Arbitrator
    • Korean International Mediation Center (KIMC), International Mediator
    • Young Mumbai Centre of International Arbitration (YMCIA), Member of the Steering Committee and Diversity & Inclusion Sub-Committee
    • Korean Commercial Arbitration Board (KCAB), Member of the Women's Interest Committee
    • Korean Commercial Arbitration Board Next (KCAB Next), Member of the Steering Committee
    • Society of Construction Law Korea (SCL Korea), Member
    • Korean International Mediation Center (KIMC), Director
    • International Private Law Society, Member
    • International Construction Law Society, Member
    • Seoul Bar Association, International Committee, past Director
    • InterM Co., Ltd., past Outside Director
    • ICC Regional Coordinating Committee - Young Arbitrators Forum (YAF), past Representative for Asian Chapter
    • Korean Council for International Arbitration - Young Arbitration Practitioners' Forum (YAPF), past Secretary-General

    Areas of Expertise

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