S. Korea files suit against intl. court order to compensate Mason Capital over Samsung merger


South Korea has taken legal action to overturn a recent ruling by an international tribunal that ordered the country to pay $32 million in compensation to US hedge fund Mason Capital. The tribunal's decision stemmed from a dispute over the 2015 merger of two Samsung affiliates, with Mason alleging unfair government intervention in favor of the merger, resulting in undervalued prices for Samsung C&T. The South Korean government's lawsuit argues that the tribunal misinterpreted the conditions for jurisdiction recognition under the South Korea-US free trade agreement, leading to an unjust ruling. The government aims to prevent any loss of national wealth by challenging the flawed decision. The lawsuit contends that the investor-state dispute settlement (ISDS) case did not meet the requirements for validity, as it failed to involve actions adopted or retained by the government that affected investors or investment. Furthermore, the government argues that the tribunal wrongly attributed unofficial misconduct by individuals, including former President Park Geun-hye, to government action. Additionally, it disputes the recognition of Mason as a legal owner of Samsung C&T shares, asserting that the fund was acting on behalf of the actual owner in the Cayman Islands. The controversial merger, which aimed to consolidate control within the Samsung group, had been at the center of a corruption scandal involving the ousting and conviction of former President Park, as well as the imprisonment of Samsung heir Lee Jae-yong. Mason had accused the Park administration of exerting excessive influence in the state-run National Pension Service, a major shareholder in Samsung C&T, which played a pivotal role in the merger.


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