1. The present arbitration concerns the expropriation in 2016 of property in Seoul owned by the Claimant. The Claimant asserts that the expropriation violated Article 11.6 of the KORUS FTA because the Respondent failed to pay adequate compensation and because the expropriation was neither for a public purpose nor was it conducted in a non-discriminatory manner and in accordance with due process. Moreover, the Claimant argues that the Respondent violated the fair and equitable treatment guarantee laid down in Article 11.5 of the KORUS FTA because the Respondent allegedly relied on a forged document that purported to constitute consent by the Claimant to the redevelopment of the area in which her property was situated and thereby amounting to a denial of justice.
2. Pursuant to Articles 11.20.6 and 11.20.7 of the KORUS FTA, the Respondent requested that the Tribunal decide on an expedited basis on four preliminary objections (the "Application for Preliminary Objections") and thus dismiss the case on grounds of lack of jurisdiction, lack of admissibility and/or manifest lack of legal merit.
3. This award represents the Tribunal's decision on the Application for Preliminary Objections.