Lone Star seeks to cancel $217 million order against Korea

Finance

Published: 31 Jul. 2023, 20:30 Updated: 01 Aug. 2023, 15:00

Lone Star seeks to cancel $217 million order against Korea

Customers walk by the Korea Exchange Bank (KEB) headquarters in Seoul on Dec. 29, 2009. [AP]

U.S. private equity firm Lone Star Funds has filed an application to cancel an international tribunal's order for the Korean government to pay $216.5 million plus interest over its sell-off of a local bank, most likely as it deems the ordered payment too small.

The Ministry of Justice said Monday that it is also in the process of filing a complaint to cancel the ruling after reviewing the application file by Lone Star.

In August 2022, the Washington-based International Centre for Settlement of Investment Disputes (ICSID) delivered the judgment in the investor-state dispute settlement suit that Lone Star filed in 2012 to demand $4.68 billion in compensation from the Korean government. The ordered amount is about 4.6 percent of Lone Star's demand.

In addition, Seoul was ordered to pay interest to Lone Star, which the government estimates to be around 18.5 billion won ($14.5 million).

The ICSID notified on Saturday that the Texan firm has filed for the cancellation application without providing a further reason for the claim, the ministry said.

It is largely expected that Lone Star has judged the ordered amount as insufficient.

"We plan to seek to apply for the cancellation within the deadline after fully analyzing the cancellation application [of Lone Star]," the ministry said in a press release, adding the government will explore various ways so that not a single penny of taxpayers’ money is wasted.

The buyout firm claimed its 2007 plan to sell a controlling stake in the now-defunct Korea Exchange Bank (KEB) to global banking giant HSBC fell through because Seoul's financial regulatory authorities delayed approval of the deal.

Lone Star, which acquired the KEB stake for 1.38 trillion won in 2003 through a Belgian entity, had planned to sell off the stake to HSBC for about 5.94 trillion won but eventually ended up selling it to Seoul-based Hana Financial Group for some 3.9 trillion won in 2012.

Lone Star claimed Korea deliberately delayed approval of the deal with HSBC and pressured it to lower the price in the deal with Hana Financial Group, depriving the firm of fair and equitable treatment, and other protections guaranteed in the investment treaty.

The Korean government rejected the claims, arguing it treated Lone Star equally and fairly, as in the case of domestic entities, in accordance with international laws and local regulations.

BY PARK EUN-JEE, YONHAP [park.eunjee@joongang.co.kr]