South Korea secures final victory in Schindler’s 325 billion-won ISDS case

  • South Korea finalized its defense against Schindler’s investor-state dispute settlement claim.
  • Schindler must return 9.6 billion Korean won in legal costs after losing its claim.
  • The dispute began in 2018 over Hyundai Elevator transactions conducted between 2013 and 2015.

The South Korean government has won a final resolution in an investor-state dispute settlement (ISDS) case brought by Swiss elevator maker Schindler. The Paris Court of Appeal appeal deadline passed without action from Schindler, finalizing the tribunal’s rejection of its approximately 325 billion Korean won ($238.5 million) compensation claim and its order that Schindler repay 9.6 billion Korean won in legal costs. The dispute began in 2018, when Schindler, Hyundai Elevator’s second-largest shareholder, sought approximately 500 billion Korean won over government agencies’ handling of Hyundai Elevator’s rights issue and convertible bond issuance between 2013 and 2015. The tribunal found that the KFTC (South Korea’s antitrust regulator), FSS (financial market supervisor), and FSC (financial policy regulator) acted within their legitimate authority and rejected claims that the government breached the investment agreement.

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