Arie Eernisse
Arie Eernisse FCIArb is a senior foreign attorney at Peter & Kim and has been practicing international arbitration in Asia for the past decade.
He has acted as counsel in more than 50 commercial and investment arbitration matters governed by the rules of various arbitral institutions, such as the International Chamber of Commerce (ICC), American Arbitration Association (AAA) – International Centre for Dispute Resolution (ICDR), Korean Commercial Arbitration Board (KCAB), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC) and London Court of International Arbitration (LCIA). The subject matter of his cases spans a diverse array of industry sectors and topics, including construction, distribution agreements, energy, finance, insurance, intellectual property, maritime, mergers & acquisitions, military procurement, pharmaceutical, product liability sale of goods, and services, amongst others.
Arie is “a distinguished practitioner with a wealth of experience in international arbitration proceedings, known for his ‘clarity and precision in communication‘ and ‘diligence and dedication to his clients’” (Who’s Who Legal, 2023). He “draws widespread praise for his deep expertise in handling disputes under an array of arbitration rules,” “is extremely responsive and generous with his time,” “extremely hard-working and consistently brings excellent results,” “is a supportive leader throughout and has an exceptional work ethic” and “brings a lot of passion and dedication into his work.” (Lexology Index, 2024-25).
Arie also acts regularly as an arbitrator. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators and the Singapore Institute of Arbitrators. Further, he is listed on the KCAB INTERNATIONAL Panel of Arbitrators, the HKIAC List of Arbitrators, SIAC List of Arbitrators, the ICDR International Panel of Arbitrators, the Dubai International Arbitration Centre (DIAC) List of Arbitrators, the Japan Commercial Arbitration Associate (JCAA) Arbitrators Panel and the Thailand Arbitration Center (THAC) Panel of Arbitrators.
In addition to his counsel and arbitrator work, Arie serves as Co-chair of the AMCHAM Korea Legal Affairs Committee and Events Director of ARIAS Asia. He previously served as Associate Editor of the Kluwer Arbitration Blog, leading its Asia-Pacific coverage and managing a team of ten assistant editors.
Prior to joining Peter & Kim, Arie practiced international arbitration at another law firm in Korea and, before that, served as a law clerk to a federal judge at the U.S. Court of International Trade in New York City. At Duke Law School, Arie was a staff editor of the Duke Journal of Comparative & International Law.
Representative Cases
Construction
Represented an environmental and energy company against a Middle East-based subcontractor in a dispute relating to the design of a wastewater treatment facility (English law; ICC arbitration; Singapore seat)
Represented a construction conglomerate against a Middle East-based construction company relating to a delay and disruption claim (English law; ICC arbitration; London seat)
Represented a quasi-governmental ocean research organization in a dispute against a Swiss deep-sea exploration company regarding liability for delay (Korean law; ICC arbitration; Singapore seat)
Distribution Agreements
Appointed as sole arbitrator for a distributorship agreement dispute between a Korean medical supply manufacturer and a Brazilian distributor (Korean law; KCAB arbitration; Seoul seat)
Represented a US apparel designer in a dispute involving minimum purchase amounts in an exclusive distribution agreement with a Korean distributor (CISG and California law; ICC; Seoul seat)
Represented a Kuwaiti cosmetics distributor in a contract termination dispute against a Korean cosmetics company (Korean and Kuwaiti law; KCAB arbitration; Seoul seat)
Represented a Korean home goods entrepreneur in defense of contractual claims brought by a U.S. contractual counterpart (Korean law; KCAB arbitration; Seoul seat)
Finance
Represented an investment company against a life insurer in a shareholder dispute involving the determination of a share price for a put option (Korean law; ICC arbitration; Seoul seat)
Represented a chemical and auto parts manufacturer in a dispute against a finance company based in Saudi Arabia in a dispute relating to payment of amounts allegedly due under a financial agreement (English law; LCIA arbitration; London seat)
Represented a Malaysian car dealership in defense of claims brought by a Korean conglomerate regarding liability under credit facility agreements (Korean law; two KCAB arbitrations; Seoul seat)
Insurance
Represented a leading Asian reinsurer in a dispute against another Asian reinsurer involving claims of knowing misrepresentations and omissions in the retrocession of insurance policies (Thai law; ad hoc arbitration administered by SIAC, with hearing held at THAC; Bangkok seat)
Represented a leading Korean private equity fund in a post-M&A dispute against a European insurance major relating to life insurance liabilities (Korean law; ICC arbitration; Hong Kong seat) (co-counsel)
Intellectual Property
Represented a Korean video game company in separate disputes against Chinese companies regarding intellectual property infringement and other issues (Korean law or Singapore law; three ICC or SIAC arbitrations; Singapore seat) (co-counsel)
Represented a Norwegian music technology company in a dispute with a Korean IT company over breach of contract (California law; ICDR arbitration; Norway seat)
International Litigation
Represented Korean conglomerates and other clients in litigations throughout the world; represent foreign (non-Korean) clients in litigation matters in Korea
Investor-State Arbitration
Represented a Korean electric power generation public utility in an investment treaty dispute against the Government of India relating to the power plant in which it invested (international law; UNCITRAL arbitration; Singapore seat)
Represented investors in the first two investor-state treaty disputes involving Korea (international law; ICSID arbitration; Washington, DC seat) (co-counsel)
Maritime
Represented a shipbuilder in transnational litigation relating to maritime casualty in the United States (US admiralty law; US federal court litigation) (co-counsel)
Represented a conglomerate in transnational litigation relating to maritime casualty in Nigeria (Nigerian law; Nigerian court litigation) (co-counsel)
Mergers & Acquisitions
Represented a Korean investment firm with a focus on technology and digital media venture to defend against claims of breach of information delivery rights and inspection rights in connection with a share transfer plan (Korean law; ICC; Seoul seat)
Represented a U.S. dealmaker in a dispute over a Hong Kong entity’s failure to pay a success fee following the closing of an M&A deal (Korean law; KCAB arbitration; Seoul seat)
Represented a U.S. individual in a post-divestiture payment dispute (Korean law; KCAB arbitration; Seoul seat)
Represented a Mauritian investor against a Korean clothing company regarding in a dispute relating to a share purchase agreement (Korean law; SIAC arbitration; Singapore seat)
Military Procurement and National Defense
Represented an Iraqi subcontractor against a Korean entity in a dispute relating to tax settlement and performance of a consulting agreement (Korean law; ICC arbitration; Seoul seat)
Represented a European defense industry client in aircraft procurement dispute against governmental entity (Korean law; KCAB arbitration; Seoul seat)
Represented a Korean government agency against a major European manufacturer in a naval procurement dispute involving an allegedly defective motor (Korean law; ICC arbitration; Seoul seat)
Nuclear Power / Renewable Energy
Represented a US nuclear power company against its Korean counterparts in a dispute relating to the interpretation of a licensing agreement concerning nuclear power plant technology (Korean law; KCAB arbitration; Seoul seat)
Represented a state-owned nuclear energy company in defense of claims relating to payment for replacement parts (Korean law; two KCAB arbitrations; Seoul seat)
Represented a wind-power generation system manufacturer in dispute against a major European component manufacturer (Swiss law; ICC arbitration; Seoul seat)
Represented a Korean photovoltaic inverter manufacturer in a dispute against a Thai company relating to liability for destruction of goods (Korean law; KCAB arbitration; Seoul seat)
Pharmaceutial
Represented a biopharmaceutical company against a Chinese developer relating to whether commercially reasonable efforts were made (New York law; ICC Arbitration; New York seat)
Product Liability
Represented a leading Korean metals manufacturer in defense of a product liability and indemnity claim brought by a U.S. company (CISG and Michigan law; ICC arbitration; Geneva seat)
Sale of Goods
Represented a supplier of secondary battery production equipment in a dispute related to the provision of such equipment to a US secondary battery manufacturer (New York law; AAA-ICDR arbitration; New York seat)
Represented a manufacturer of polysilicon used for semiconductors and solar cells in a payment dispute against a Chinese company relating to a consignment agreement (Hong Kong law; HKIAC arbitration; Hong Kong seat)
Represented an importer/exporter of vehicles and vehicle parts in a dispute against a North Macedonian company (Korean law; ICC arbitration; Seoul seat)
Services
Appointed as co-arbitrator for a services agreement dispute between a Singaporean marketing consultant and a Korean medical business (Korean law; KCAB arbitration; Singapore seat)
Represented a government agency against two U.S. companies in a dispute relating to breach of a retainer agreement (Korean law; KCAB arbitration; Seoul seat)
Represented a Korean real estate investment entity in a dispute over hotel management (Korean law; KCAB arbitration; Seoul seat)