Elliott Associates LP v Republic of Korea - KORUS FTA - Elliott-Samsung-Cheil - PCA Case 2018-51 - Claimant's Submission on Remitted Issue - English and Korean - 27 April 2026

Country
Year

2026

Summary

I. INTRODUCTION

1. These proceedings have been recommenced almost eight years after they started,

and the Tribunal reconstituted nearly three years after issuing its Award, following the ROK's largely unsuccessful attempt to set aside the Award in the English courts.

2. The Tribunal is now asked to determine a single, narrow issue of causation: whether the breaches of the Treaty by the Blue House and the Ministry of Health and Welfare (the MHW) caused EALP's loss. This issue was the subject of extensive argument and evidence in the underlying arbitration, and so the Tribunal's task is straightforward. The Tribunal needs only to consider and clarify what it has already determined in its Award.

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