Professor Jack Coe spoke at the Korean Commercial Arbitration Board’s (KCAB) Investor-State Dispute Settlement Conference in Seoul, Korea in late August. He had previously argued for a claimant in the landmark fair and equitable treatment (“FET”) investor-state case Metalclad Corporation v. Mexico, and his talk, titled “A New Paradigm of Investment Agreements and Investment Arbitration; (Re)Balancing Investor Protection and Regulatory Autonomy,” gave an overview of the origins of FET provisions and discussed customary debates and further treaty refinements. Professor Coe and Straus’ Associate Director and Professor Sarah Park also had a chance to reconnect with recently-returned visiting scholar, KyungHwa Moon of Shin & Kim, one of the corporate sponsors of the event.
Following the conference, Professor Coe served as an arbitrator in the final round of the Foreign Direct Investment (FDI) Moot Arbitrations, Asia Pacific Regional Rounds.
With its recent effectuation of the Arbitration Industry Promotion Act, the Korean government has actively sought to promote Korea as a center for international arbitration. To this end, under the leadership of Professor Hi Taek Shin, the KCAB has seen a significant expansion of activities, including the signing of an MOU with Pepperdine Law School earlier this year. The KCAB has also executed conferences, competitions, and most significantly, arbitration awards enforceable in over 150 jurisdictions under the New York Convention.