REPUBLIC OF KOREA V ELLIOTT ASSOCIATES LP

[2026] EWHC 368 (Comm), King's Bench Division, Commercial Court, Lord Justice Foxton, 23 February 2026

Arbitration – Jurisdiction – USA-Korea Free Trade Agreement – Whether measures were taken by Korea with respect to the claimant's investment – Arbitration Act 1996, section 67

The case concerned a vote by the National Pension Fund, which held shares in a company SC&T, in favour of merging SC&T with another company, Cheil, thereby prejudicing EALP's own shareholding in SC&T.