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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 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.
D.K. founded his mediation and mediation advocacy firm, GMB partners 2022.
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).
— A case of international investor vs. conglomerate shareholder (mediator)
The minority shareholder held a negative control, but the conglomerate had a greater influence within its territory. To resolve this kind of multicultural dispute, the mediator must have a thorough understanding of the Korean conglomerate's culture. Both parties successfully settled by facilitative mediation by D.K.
— A case of equal shareholding deadlock dispute (mediation advocate)
I represented an international investor in a shareholder dispute with a Korean conglomerate. The dispute concerned a deadlock situation caused by equal shareholding between the investor and the conglomerate regarding the investor's divestment. To achieve a better-negotiating position, the mediation advocate must accurately evaluate the best alternative to a negotiated agreement. Due to D.K.'s successful negotiation advisory work, the shareholders ultimately settled and withdrew their ICC arbitration without a mediator.
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.
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Infrastructure disputes
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shareholder disputes
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M & A disputes
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Investor-State disputes
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Financial industry disputes
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International disputes
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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)
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Conciliator /Arbitrator (المحكمين) of Qatar International Center for Conciliation and Arbitration (QICCA)
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Mediator (MED22-118) of Saudi Center for Commercial Arbitration (SCCA)
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Member of Korea International Mediation Centre (KIMC)
Professional License
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Member of the Korean Bar Association since 2003
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Certified Investment Asset Manager (Infrastructure) by Korea Financial Investment Association in Korea since 2014
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Certified Financial Planner by Korea Financial Investment Association in Korea since 2005<