DR&AJU's international arbitration team successfully represented a Korean state-owned power generation company in an international arbitration administered by KCAB International. The arbitration arose out of a dispute with a Canadian supplier concerning the supply of ASME Code Section III nuclear-grade components for a nuclear power plant.
The dispute centered on complex issues including the interpretation of technical specifications under international nuclear safety standards, compliance with ASME Code Section III requirements (including the enforceability of NPT certification obligations and the validity of quality assurance programs), the contractual validity of termination, and claims for liquidated damages and indemnification. The proceedings were conducted entirely in English and involved full written submissions and an oral hearing held in Seoul.
Our team acted as sole counsel throughout the entire arbitral process — from drafting the request for arbitration through to the final award — delivering seamless representation across all procedural and substantive phases. At the hearing, we utilized a structured PowerPoint presentation with clear visual aids and technical diagrams to effectively convey complex technical requirements and certification issues. This approach enabled the tribunal to grasp the key points with clarity and precision, significantly enhancing the persuasive impact of our submissions.
The Tribunal ultimately ruled in favor of our client on all claims, awarding full damages including purchase price reimbursement, replacement costs, liquidated damages, and interest. The award also ordered the opposing party to bear the entirety of our client’s legal and arbitral costs. This outcome demonstrates our team's ability to navigate technically intensive disputes and deliver successful results in complex, cross-border matters governed by Korean law.
