Arie Eernisse

Practice Areas

Arie Eernisse is a senior foreign attorney at Peter & Kim and has been practicing international arbitration in Asia for the past decade. According to Who’s Who Legal, he is “a distinguished practitioner with a wealth of experience in international arbitration proceedings, known for his ‘clarity and precision in communication’ and ‘diligence and dedication to his clients.’”

Arie acts as counsel in commercial and investment arbitration matters governed by the rules of various arbitral institutions, such as the International Chamber of Commerce (ICC), Korean Commercial Arbitration Board (KCAB), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA), as well as in ad hoc arbitration matters.

Arie is also available to act as arbitrator. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), the Hong Kong Institute of Arbitrators (HKIArb) and the Singapore Institute of Arbitrators (SIArb) and is listed as a panelist of the KCAB, HKIAC and SIAC.

Prior to joining Peter & Kim, Arie practiced arbitration at another law firm in Korea and served as a law clerk to a federal judge at the U.S. Court of International Trade in New York City. At Duke University School of Law, Arie was a staff editor of the Duke Journal of Comparative & International Law.

Career

Senior Foreign Attorney, Peter & Kim (2023 – Present)

Shin & Kim LLC (2014 – 2023)

Law Clerk, U.S. Court of International Trade, New York, New York (2012 – 2013)

Professional Memberships

New York Bar

England & Wales Solicitor

Fellow, Chartered Institute of Arbitrators (CIArb)

Fellow, Hong Kong Institute of Arbitrators (HKIArb)

Fellow, Singapore Institute of Arbitrators (SIArb)

Member, American Society of International Law (ASIL)

Member, HK45

Member, International Bar Association (IBA)

Member, International Council for Commercial Arbitration (ICCA)

Member, KCAB Next

Member, YSIAC

Publications

SOUTH KOREA: AN INTRODUCTION TO DISPUTE RESOLUTION: ARBITRATION

Chambers and Partners (December 2023) (co-authored)

INTERVIEWS WITH OUR EDITORS: IN CONVERSATION WITH DATUK SUNDRA RAJOO, DIRECTOR OF THE ASIAN INTERNATIONAL ARBITRATION CENTRE

Kluwer Arbitration Blog (December 2023) (co-authored)

KOREA, GAR KNOW-HOW COMMERCIAL ARBITRATION 2023

(June 2023) (co-authored)

INTERVIEWS WITH OUR EDITORS: IN CONVERSATION WITH BAN JIUN EAN, CHIEF EXECUTIVE OF MAXWELL CHAMBERS

Kluwer Arbitration Blog (August 2023)

ARBITRATION TECH TOOLBOX: INTERVIEW WITH DR. GORDON BLANKE ON THE NEW CIARB TECHNOLOGY GUIDELINE

Kluwer Arbitration Blog (January 2022)

INTERVIEWS WITH OUR EDITORS: PROFESSOR HI-TAEK SHIN, CHAIRMAN OF KCAB INTERNATIONAL

Kluwer Arbitration Blog (May 2022)

2020 IN REVIEW: REFLECTIONS ON A YEAR OF STEADY PROGRESS IN EAST AND CENTRAL ASIA

Kluwer Arbitration Blog (January 2021) (co-authored)

THE USE OF VIRTUAL HEARINGS IN KOREA-SEATED ARBITRATION PROCEEDINGS: ARE THERE RISKS TO ENFORCEMENT

Korea Arbitration Review (April 2021) (co-authored)

2019 IN REVIEW: NOTEWORTHY DEVELOPMENTS IN EAST AND CENTRAL ASIA

Kluwer Arbitration Blog (January 2020) (co-authored)

IS IT TRUE THAT ENFORCING AN INTERNATIONAL ARBITRAL AWARD UNDER THE NEW YORK CONVENTION IS EASIER THAN ENFORCING A JUDGMENT

IBA Arbitration News (March 2020)

INNOVATING ARBITRATION THROUGH TECHNOLOGY

IBA Arbitration News (March 2020)

INTERVIEWS WITH OUR EDITORS: CHINA INSIGHTS FROM DR. LI HU OF CIETAC

Kluwer Arbitration Blog (April 2020)

INTERVIEWS OF OUR EDITORS: “WHAT DOES KLUWER ARBITRATION BLOG MEAN TO YOU?”

Kluwer Arbitration Blog (May 2020) (co-authored)

LEGAL FINANCE IN KOREA: LAWYERS WEIGH IN

Burford Quarterly (Autumn 2019) (interview)

KOREA, GETTING THE DEAL THROUGH

Investment Treaty Arbitration 2019 (October 2018) (co-authored)

SEOUL IDRC LECTURE SERIES: “ARBITRATION IN THE TIME OF ONE BELT ONE ROAD”

Arbitration Review of the Korean Commercial Arbitration Board (2017) (co-authored)

SIAC INVESTMENT ARBITRATION: RULE INNOVATIONS ARE ONLY THE FIRST STEP

2016 YSIAC Essay Competition

BANKING ON COOPERATION: THE ROLE OF THE G-20 IN IMPROVING THE INTERNATIONAL FINANCIAL ARCHITECTURE

22 Duke Journal of Comparative & International Law 239 (2012)

THE GREAT CURRENCY DEBATE

China Business Review, at 36 (May-June 2008) (co-authored)

Languages Spoken

English, Korean, Chinese

Experience

Construction

Represented a construction conglomerate against a Middle Eastern construction company relating to a delay and disruption claim (English law; ICC arbitration; London seat)

Represented a quasi-governmental ocean research organization in a dispute against a Swiss deep-sea exploration company regarding liability for delay (Korean law; ICC arbitration; Singapore seat)

Distribution Agreements

Represented a Kuwaiti cosmetics distributor in a contract termination dispute against a Korean cosmetics company (Korean and Kuwaiti law; KCAB arbitration; Seoul seat)

Represented a Korean home goods entrepreneur in defense of contractual claims brought by a U.S. contractual counterpart (Korean law; KCAB arbitration; Seoul seat)

Finance

Represented a chemical and auto parts manufacturer in a dispute against a finance company based in Saudi Arabia in a dispute relating to payment of amounts allegedly due under a financial agreement (English law; LCIA arbitration; London seat)

Represented a Malaysian car dealership in defense of claims brought by a Korean conglomerate regarding liability under credit facility agreements (Korean law; two KCAB arbitrations; Seoul seat)

Heavy Industry / Sale of Goods

Represented a manufacturer of polysilicon used for semiconductors and solar cells in a payment dispute against a Chinese company relating to a consignment agreement (Hong Kong law; HKIAC arbitration; Hong Kong seat)

Represented an importer/exporter of vehicles and vehicle parts in a dispute against a North Macedonian company (Korean law; ICC arbitration; Seoul seat)

Insurance

Represented a leading Korean private equity fund in a post-M&A dispute against a European insurance major relating to life insurance liabilities (Korean law; ICC arbitration; Hong Kong seat) (co-counsel)

Intellectual Property

Represented a Korean video game company in separate disputes against Chinese companies regarding intellectual property infringement and other issues (Korean law or Singapore law; three ICC or SIAC arbitrations; Singapore seat) (co-counsel)

Represented a Norwegian music technology company in a dispute with a Korean IT company over breach of contract (California law; ICDR arbitration; Norway seat)

International Litigation

Represented Korean conglomerates and other clients in litigations throughout the world; represent foreign (non-Korean) clients in litigation matters in Korea

Investor-State Arbitration

Represented a Korean electric power generation public utility in an investment treaty dispute against the Government of India relating to the power plant in which it invested (international law; UNCITRAL arbitration; Singapore seat)

Represented investors in the first two investor-state treaty disputes involving Korea (international law; ICSID arbitration; Washington, DC seat) (co-counsel)

Mergers & Acquisitions

Represented a U.S. dealmaker in a dispute over a Hong Kong entity’s failure to pay a success fee following the closing of an M&A deal (Korean law; KCAB arbitration; Seoul seat)

Represented a U.S. individual in a post-divestiture payment dispute (Korean law; KCAB arbitration; Seoul seat)

Represented a Mauritian investor against a Korean clothing company regarding in a dispute relating to a share purchase agreement (Korean law; SIAC arbitration; Singapore seat)

Military Procurement and National Defense

Represented a European defense industry client in aircraft procurement dispute against governmental entity (Korean law; KCAB arbitration; Seoul seat)

Represented a Korean government agency against a major European manufacturer in a naval procurement dispute involving an allegedly defective motor (Korean law; KCAB arbitration; Seoul seat)

Nuclear Power / Renewable Energy

Represented a state-owned nuclear energy company in defense of claims relating to payment for replacement parts (Korean law; two KCAB arbitrations; Seoul seat)

Represented a wind-power generation system manufacturer in dispute against a major European component manufacturer (Swiss law; ICC arbitration; Seoul seat)

Represented a Korean photovoltaic inverter manufacturer in a dispute against a Thai company relating to liability for destruction of goods (Korean law; KCAB arbitration; Seoul seat)

Product Liability

Represented a leading Korean metals manufacturer in defense of a product liability and indemnity claim brought by a U.S. company (CISG and U.S. state law; ICC arbitration; Geneva seat)

Services

Represented a government agency against two U.S. companies in a dispute relating to breach of a retainer agreement (Korean law; KCAB arbitration; Seoul seat)

Represented a Korean real estate investment entity in a dispute over hotel management (Korean law; KCAB arbitration; Seoul seat)

Note: Representative cases include work performed prior to joining Peter & Kim.

Education

Industry Sector Expertise

Arbitration

Investments & BITs

Construction & Engineering

Insurance

Intellectual Property