Investor-State Dispute between Lone Star and Korea: Legal and Policy Analysis

AuthorJoel K. Browning
Pages183-184
Lone Star v. Korea 183
IX JEAIL 1 (2016)
Joel K. Browning
This paper examines critical issues in the current dispute between Lone Star and
South Korea regarding Lone Stars investment in the Korea Exchange Bank that has
culminated in an investor-State dispute claim against Korea before an International
Centre for Settlement of Investment Disputes arbitration panel. It further evaluates
the merits and potential outcomes of each issue through careful analogy to preexisting
international investor-State dispute awards, textual analysis of the bilateral tax
and investment treaties between South Korea and Belgium, and publically available
information regarding events during the course of Lone Stars investments in Korea.
In particular, it will address well-covered topics in international investment law
such as nationality of corporations, fair and equitable treatment, and discriminatory
treatment. It will also investigate burgeoning topics on breach of domestic law by
third parties, breach of domestic law in the course of an investment, and the rights of
an investor to raise tax-based investment claims.
Keywords
ISD, Korea, Lone Star, KEB, ICSID, BIT, BTT, FET
Investor-State Dispute
between Lone Star and
Korea: Legal and
Policy Analysis
J.D. Candidate (Class of 2017) at the University of Utah S.J. Quinney College of Law. M.A. (Seoul N.U.) ORCID:
http://orcid.org/0000-0003-0202-3903. The author may be contacted at: joel.browning@law.utah.edu / Address: 1044
University Village Salt Lake City, Utah 84108 USA
DOI: http://dx.doi.org/10.14330/jeail.2016.9.1.09
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