Schindler case finds no arbitrariness or bad faith, limiting claims tied to regulatory inaction in chaebol governance
South Korea’s victory in its investment treaty dispute with Swiss elevator maker Schindler marks the latest in a series of successful defenses against foreign investor claims, following its annulment win in the Lone Star case last year, and reinforces the limits of holding the state liable for corporate governance failures.
The arbitral tribunal, which issued its award on March 14, dismissed all of Schindler’s claims against Seoul, finding that the actions of Korean regulators were neither arbitrary, discriminatory nor taken in bad faith.
South Korea’s victory in its investment treaty dispute with Swiss elevator maker Schindler marks the latest in a series of successful defenses against foreign investor claims, following its annulment win in the Lone Star case last year, and reinforces the limits of holding the state liable for corporate governance failures.
The arbitral tribunal, which issued its award on March 14, dismissed all of Schindler’s claims against Seoul, finding that the actions of Korean regulators were neither arbitrary, discriminatory nor taken in bad faith.
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