South Korea has been ordered to pay U.S.-based hedge fund Elliott Investment Management over 53 million U.S. dollars plus delayed interest in a lawsuit over the controversial 2015 merger of two Samsung affiliates.
The justice ministry said on Tuesday that it has been notified of the ruling by the Permanent Court of Arbitration in the investor-state dispute settlement suit Elliott filed in 2018 against the South Korean government over the eight-billion-dollar merger between Cheil Industries and Samsung C&T.
Elliott sued the government as a minority stakeholder in Samsung C&T over the role of the state-run National Pension Service in approving the merger despite opposition from the U.S. firm, which deemed the terms of the deal unduly unfavorable.
The merger was subject to criminal investigations that led to convictions for multiple senior government officials within the Park Geun-hye administration as well as Samsung heir Lee Jae-yong and played a role in the impeachment of Park.
The ministry said the international tribunal ordered Seoul to pay the investment firm 53-point-58 million dollars, or some 69 billion won, in compensation, which is about seven percent of 770 million dollars initially sought by the plaintiff.
The arbitration tribunal also ordered Seoul to pay Elliott 28-point-nine million dollars in legal fees and about eight years’-worth of compound annual interest at a five-percent rate, while the firm was ordered to pay South Korea some three-point-five million dollars for legal bills.
The ministry said it would announce its assessment of the ruling and its future plans later.