Interviews
#10QuestionswithMaxwell Interview Series: Myung-Ahn Kim, Yong & Yang LLC
In this #10QuestionsWithMaxwell interview, we feature Myung-Ahn Kim, Partner and Senior Foreign Attorney at Yoon & Yang LLC at Seoul, Korea.
Myung-Ahn Kim specialises in International Arbitration, Litigation, Maritime, Aviation, Construction, Insurance, and Overseas Construction. She is also currently serving as the Presiding Head of International Arbitration/Dispute Resolution Team at Yoon & Yang LLC. She has successfully represented domestic and international entities in ICC, SIAC, DIS, LMAA, HKIAC, and KCAB arbitrations (including complex cross border enforcement procedures).
She has also acted as counsel for the Republic of Korea in an investor-state dispute (ISD) related to an expropriation of land claim under the Korea-US FTA and obtained victory on behalf of the state. Ms. Kim is consistently lauded as Leading Individual in international arbitration by Chambers & Partners, Legal500, Benchmark, WWL et al., and serves on the panel of international arbitrators for the KCAB, HKIAC and LICA. She is a member of the California Bar since 2006.
In this interview, Myung-Ahn shares insights into her international arbitration practice, upcoming initiatives for the KCAB Women’s Interest Committee, 3 fun facts about herself, and more.
Read the full interview below:
Q: What inspired you to pursue a career in in international arbitration?
In my view, international arbitration is a podium where fascinating amalgamations of legal analysis, industry expertise and advocacy skills all come together to help resolve disputes in the end. The work continues to present interesting (and welcome) challenges daily, and I appreciate the fact that it entails both the collaborative and adversarial aspects.
Q: With your extensive experience representing both private and public entities, are there any key differences in the way you approach arbitration for each? And if so, what are some notable differences in how public institutions and private companies approach dispute resolution?
There is a distinction between public and private companies when it comes to a certain type of disputes one can face as respondent (e.g. ISD). On the other hand, I have also seen some fundamental commonalities amongst different companies, whether public or private. For instance, both types of companies seem to have developed an increasingly sophisticated understanding of the ADRs and the global standards applied to the adjudication processes over the years. This has been helpful in facilitating collaboration and synergy when preparing for their representation.
Q: As someone who has served as both counsel and arbitrator, how does your experience as arbitrator shape the way you prepare and present cases as counsel?
To have a backbone and to refrain from complacency, particularly in dealing with burden of proof. As counsel, being able to explain what happened in a concise and compelling manner with reasonable evidence would be key. And I know the tribunal would usually not expect anything less.
Q: How has your experience practicing law in both the U.S. and Korea influenced your approach to international arbitration, particularly in dealing with cross-cultural and cross-jurisdictional disputes?
It is a blessing to be familiar with diverse cultures and their intricacies. It helps me appreciate different cultural, linguistic nuances and take a measured approach to each evidence with a focus on context, meaning, and accuracy.
Q: What notable global trends have you observed in international arbitration, and how do you think these trends are impacting arbitration practices in Korea?
Cross border disputes are becoming more complex, entailing a number of interdisciplinary areas of law and the emerging technologies in industries such as AI, biopharmaceutical, energy, and outer-space – just to name a few. The arbitration practice in Korea is moving forward in line with these steps. The ability of each counsel to appreciate the evolving law and the pace with which the industries develop has become key too.
Q: As the Chair of the Women’s Interest Committee at KCAB, how do you envision increasing the representation of women in leadership roles within international arbitration? Are there any initiatives that the committee is focusing on for the near future?
The Women’s Interest Committee is a unique group of leading female practitioners from the major firms and institutions handling international arbitration in Korea. With their invaluable support, the Committee is planning to expand its mentorship and networking programs for those interested (male or female) in making further inroads and learning in early stages of their career. During the Seoul ADR Week last month, the Committee hosted a session with a diverse array of mentors from the wider Asia-Pacific region. It has been great to hear their thoughts and suggestions for empowering those who are underrepresented and facilitating diversity & inclusion along the way. We plan to provide more of such opportunities in the near future.
Q: In your experience, how has the landscape for female practitioners in international arbitration changed over the years, and what further progress would you like to see?
The representation in international arbitration has improved over the years and many of the respected female practitioners and arbitrators working in the industry are a testament to the positive changes in the right direction. There still seems to be a considerably lower percentage of female practitioners in senior leadership position in major institutions and firms however, and it would be wonderful to see more of the superb practitioners move onwards and upwards.
Q: What advice would you offer young legal practitioners looking to establish themselves in today’s market and pursue a career in international arbitration, as a foreign attorney?
I think foreign attorneys have a great chance at developing their career in international arbitration. The nature of the work requires strong legal writing /communication skills regardless of the jurisdiction where they are licensed. I would encourage young practitioners to keep this in mind and focus on refining the relevant skills and taking initiative in partaking in international arbitration seminars and mentorship sessions. It will help widen their networks and overall perspective as well. In my daily life, I also try my best to maintain an open door policy to junior practitioners seeking an input or perspective.
Q: If you weren’t in your current profession, what profession would you be in?
International policy/diplomacy.
Q: Lastly, could you share 3 interesting facts about yourself that many people may not know?
- My twin sister is one of my best friends.
- I love arts & crafts including pastel portrait paintings.
- I am an aspiring baker.
Women Interest Committee (WIC) Group photo
Myung-Ahn Kim
