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D. K.
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D.K. (Dokyung) Kim
D.K. (Dokyung) Kim

A qualified lawyer with experience in dispute resolution (commercial, government, tax, civil, administrative, insolvency, and criminal) and transactions (financing, M&A, infrastructure, renewable, and real estate). Korea's first IMI Certified Mediator and Mediation Advocate.

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IMI Certified Mediator, IMI Certified Mediation Advocate
Acquisitions, Commercial, Finance, Infrastructure, Investor-State, Shareholders
English, Korean
Evaluative, Facilitative, Transformative
Yes
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Toolkit Company
Mediation Profile
D. K. is an independent commercial mediator and mediation advocate. 
 
D. K. was Head of Legal & Governance of Macquarie Asset Management Group (Korea). He was previously a transactional and dispute resolution lawyer at law firms and the Ministry of Justice. He has various experiences in the financial industry, transactions & dispute resolution. In addition to the industry experience, he gained psychological capacity through consultation with thousands of individual clients (when he served as a public attorney) and lecturing skills while operating two in-house Academies. Also, his sense of humor gave him a unique title in Macquarie, the General Joker (娛樂部長), which made him an MC and presenter of workshops and seminars.
 
Throughout the years, D.K. has earned a reputation for being one of the best coaches. He went above and beyond to ensure his clients got the desired results. In addition, he is a top-notch diligent researcher, analyzer, and problem-solver.

PPP infrastructure dispute between the government and the concessionaire

D.K. successfully resolved multiple disputes between the subnational government of Korea and the concessionaire regarding PPP infrastructure projects. Mediation and negotiation with the government require patience. Because the government is involved in politics, numerous stakeholders are involved in government disputes. For a settlement to be successful, a mediator must understand the local politics and bureaucracy. 

Shareholder Dispute

D.K. has resolved many shareholder disputes and has extensive experience in this area.
 
Dispute types by shareholders: (i) minority vs. majority, (ii) individual vs. institution, (iii) financial investor vs. conglomerate, (iv) multiple shareholders where no one has controlling stakes, and (v) equal shareholding deadlock disputes.
 
The conflict arises regarding the following matters: (i)ROFR (right of first refusal), (ii) earn-out scheme, (iii) governance, (iv) insolvency, (v) deadlock on reserved matter, (vi) shareholder activism (in a listed company).

Global Fund and Investor dispute

D.K. successfully mediated a dispute between a U.K. investment fund manager and a Korean institutional investor regarding the divestment of an investment asset and the fund's dissolution.

Insolvency experience

D.K. Successfully represented a Korean bank in a French conciliation procedure between a large French container shipping line and a Korean government-backed bank regarding a French shipping line's credit risk during the financial crisis.

Understanding-based integrative mediation – Omni-partiality

My role as a Mediator is to help the parties resolve their conflicting interests. Different types of disputes and each party's preference affect my methodology. There is no single mediation method that works for everyone. Integrating a facilitative, evaluative, and transformative approach is art. Among others, understanding-based mediation is of paramount importance.
 
It is hard to resolve conflicting interests through mediation without understanding the industry background, underlying commercial reasons, and each party's emotions. Another dispute may arise if the parties settle the issue without resolving their conflicting interests through mutual understanding.
 
Moreover, I have witnessed many cases where parties could not reach an agreement without any reasonable cause but solely due to an emotional confrontation. We tend to believe that our action is driven by logical analysis, but history proves that this is an illusion.
 
Lastly, I acknowledge that a mediator can't be entirely neutral and impartial but can be Omni-partial. That's the way I meditate on the dispute.
  • Infrastructure disputes
  • shareholder disputes
  • M & A disputes
  • Investor-State disputes
  • Financial industry disputes
  • International disputes  
  • Commercial disputes

The fee rate will be determined depending on the complexity and size of the case based on the discussion and negotiation with the parties.
Travel time is invoiced at 20% of the hourly rate for distances up to 2 hours, 40% of the hourly rate for distances above 2 hours
Special rates are negotiable to start-ups, individuals, and NGOs. Volume discounts may also apply.

Mediation
— Hourly Rate: USD500
— Full Day (up to 8 hours): USD2,400

Mediation advocacy
— Hourly rate: USD600
— Full Day (up to 8 hours): USD3,400

Practicing Arbitrator, Conciliator, and Mediator

  • Mediator and Expert of World Intellectual Property Organization (WIPO)
  • Specialist Mediator of Singapore International Mediation Centre (SIMC) 
  • Conciliator /Arbitrator (المحكمين) of Qatar International Center for Conciliation and Arbitration (QICCA)  
  • Mediator (MED22-118) of Saudi Center for Commercial Arbitration (SCCA) 
  • Member of Korea International Mediation Centre (KIMC)

Professional License

  • Member of the Korean Bar Association since 2003
  • Certified Investment Asset Manager (Infrastructure) by Korea Financial Investment Association in Korea since 2014
  • Certified Financial Planner by Korea Financial Investment Association in Korea since 2005
  • Certified to operate small vessel operator by Incheon Regional Office of Oceans and Fisheries in Korea since 2022

Professional Association

  • Institute Member of the International Chamber of Commerce (ICC) 
  • Legislation Committee Member of the Korean Bar Association
Member of:
  • Association Littéraire et Artistique Internationale (International Literary and Artistic Association) Korea
  • Korea Intellectual Property Society
  • Korean Society of Mediation Studies (KSMS)
  • Korean Association of Negotiation Studies (KANS)
  • Korean Securities Law Association
  • Insolvency Law Institute of Korea
  • Society of Construction Law Korea (SCL Korea)
  • Korea Society of Law
  • Korea In-House Counsel Association
  • In-House Counsel Forum

1. Kyung Soon Song: [email protected]

Head of Corporate Restructuring Plan Review Committee under MOTIE (Ministry of Trade Industry and Energy), Korea Expert Consulting Group;
former World Bank manager, and a visiting professor at the Graduate School for international studies at Seoul National University.

2. Kevin Kim: [email protected]

Senior Partner of Peter & Kim, President, president of KCAB International Arbitration Committee, Advisory Governing Board Member of International Council for Commercial Arbitration, Adjunct Professor of Seoul National University Law School, Editorial Board Member of Global Arbitration Review;

former Vice President of ICC International Court of Arbitration, Secretary General of the International Council for Commercial Arbitration (ICCA), Council Member of the American Arbitration Association (AAA), Vice Chair of the Arbitration Committee International Bar Association (IBA), Court member of the London Court of International Arbitration (LCIA).

3. Namsun Kim: [email protected]

CFO of Naver Corp.;
former managing director of Macquarie Korea Asset Management, Board member of LG CNS, ADT Caps, Executive Director of Morgan Stanley, Associate of Lazard, Associate Attorney of Cravath, Swaine & Moore

Training and Education
  • Academy Mediation of Toolkit Company, the 55-hour IMI-Certified Mediator Training Program, 2022
  • Singapore International Mediation Centre (SIMC) specialist mediator’s workshop, 2022
  • Asia International Arbitration Centre (AIAC) mediation skills workshop, 2022
  • Korea International Mediation Centre (KIMC) international commercial mediator