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Gov't Sues to Nullify Int'l Tribunal Ruling for US Hedge Fund Elliott

Written: 2023-07-18 14:48:46Updated: 2023-07-18 16:37:28

Gov't Sues to Nullify Int'l Tribunal Ruling for US Hedge Fund Elliott

Photo : YONHAP News

The government has filed a suit to nullify an international tribunal ruling that ordered Seoul to pay over 130 billion won, or around 103 million U.S. dollars, to U.S.-based hedge fund Elliott Investment Management over the controversial merger of two Samsung Group affiliates.

The justice ministry said on Tuesday that the suit also requests an analysis and calculation of adjustments to last month’s ruling by The Hague-based Permanent Court of Arbitration(PCA).

The ministry argued that there was a jurisdiction violation under the South Korea-U.S. free trade agreement(FTA), saying that Seoul was held liable for the National Pension Service's(NPS) exercise of voting rights with the tribunal deeming it a "de facto state agency."

The ministry said it would be unjust to find fault with the government when the South Korea-U.S. FTA does not classify it to be such an agency.

Citing official documents submitted by the U.S. during the investor-state dispute settlement(ISDS) suit, the ministry said Washington makes a distinction between the exercise of state authority by nongovernmental agencies entrusted to do and other actions by such an organization.

In 2018, Elliott demanded that Seoul pay compensation of 770 million dollars for damages suffered during the contested merger in 2015 of Cheil Industries with Samsung C&T, in which the U.S. firm held a more than seven-percent stake.

The Park Geun-hye administration was accused of wrongfully intervening through voting by the NPS, then a major stakeholder, as the deal was considered a move to tighten Samsung heir Lee Jae-yong's control over the conglomerate.

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