Elliott Criticizes the Republic of Korea's Decision to Continue to Challenge the US $100 Million Arbitral Award at the Expense of Its Citizens

WEST PALM BEACH, Fla., Sept. 13, 2024 /PRNewswire/ — Elliott Investment Management L.P. (“Elliott”), today issued the following statement:

On September 12, 2024, the Republic of Korea (“ROK”) filed court papers to appeal the High Court of England and Wales’s (the “English Court”) dismissal of its application to set aside the US $100 million Arbitral Award (“Award”).   Elliott will continue to vigorously defend the Award and its rights under the U.S.-Korea Free Trade Agreement (the “Treaty”). 

The Award was issued against the ROK in June 2023 to compensate for the damages Elliott suffered when the ROK government corrupted the Korea National Pension Service’s decision-making process in relation to the controversial 2015 Samsung Merger.  The arbitral panel found that the ROK’s intervention – which resulted in numerous criminal convictions of government and Samsung officials – violated the investor protection provided under the Treaty. 

The ROK’s continued refusal to honor the Award is not surprising yet deeply wrong-headed, particularly given that the ROK has already attempted and failed to set aside the Award.  The English Court dismissed the ROK’s application at the threshold without even hearing the merits, issuing a comprehensive judgment after the hearing that was held in London in July 2024.

Elliott encourages the ROK to reconsider its decision to appeal the English Court’s ruling.  The ROK’s actions undermine its efforts to build a reputation as a fair, transparent and trustworthy capital market, further perpetuating the “Korea Discount.”   Additionally, the ROK’s ongoing refusal to honor the Award is only increasing the burden on Korean taxpayers, as interest on the Award continues to accrue at a rate of more than US $10,000 every day, along with the potential for further cost liability arising from the ROK’s appeal.  The ROK should stop trying to distract the Korean public from the government’s own corrupt conduct and mistakes.  Rather than further increasing the cost its citizens will ultimately have to bear, it should comply with the judgment and put this episode behind it.

More information regarding this matter can be found on the website of the Permanent Court of Arbitration by following the link below:
https://pca-cpa.org/en/cases/197/ 

About Elliott
Elliott Investment Management L.P. (together with its affiliates, “Elliott”) manages approximately $69.7 billion of assets as of June 30, 2024.  Founded in 1977, it is one of the oldest funds under continuous management.  The Elliott funds’ investors include pension plans, sovereign wealth funds, endowments, foundations, funds-of-funds, high net worth individuals and families, and employees of the firm.

Media Contacts:

U.S.
Casey Friedman                                             
Elliott Investment Management L.P.                                     
T: +1 212 478 1780                                              
[email protected]

London
Alice Best
Elliott Advisors (UK) Limited
T: +44 203 009 1715
[email protected] 

Seoul
Jin Kim
Nine Crosby
T: +82 2 866 9455
[email protected]

Source : Elliott Criticizes the Republic of Korea's Decision to Continue to Challenge the US $100 Million Arbitral Award at the Expense of Its Citizens

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