Kluwer: Mason Capital and Elliott Associates Awards: Divergence in Approach But Convergence in Conclusion

Published on September 26, 2024

By Joel Richardson (Kim & Chang) and Theodore Weisman (Kim & Chang)

On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching the same substantive result as last year’s award in Elliott Associates L.P. v. Republic of Korea (PCA Case No. 2018-51) (“Elliott”), while disagreeing on the...

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