Civil Litigation & Dispute Resolution

When Push Comes to Shove

It is always best if disputes can be settled between parties without recourse to formal dispute resolution. Nevertheless, it is a fact of business that clients' interests sometimes must be championed by committed advocates. Perhaps this is a more common outcome with international businesses in Korea, simply because the parties don't share the same cultural background.

Aurora lawyers have significant experience presenting clients' cases in Korean courts, and before arbitral tribunals of the International Chamber of Commerce and Korean Commercial Arbitration Board.

In most cases, we prefer to fix the fee for litigation. Contingent-fee arrangements are possible, and for those clients who aren’t ready to move to the certainty of fixed fee pricing we also offer the option of hourly billing.

Because we do not work for vested domestic interests, Aurora is able to vigorously advocate on behalf of our foreign clients without fear of offending chaebol. For example, we welcome the opportunity to act for foreign clients in bankruptcy proceedings, or in lawsuits to enforce shareholder rights.

General Commercial Litigation

Much of our firm's litigation practice involves general commercial litigation that does not fall conveniently into any particular substantive law category, including a wide variety of contract disputes and actions over transactions that were not consummated, assertions of business fraud, litigation arising under employment laws, tax disputes, environmental cases, fraud claims, and litigation involving large commercial property transactions.

Shareholder Rights

Perhaps because of our independent, outward-looking perspective, Aurora Law Offices has served as counsel to many foreign shareholders embroiled in management disputes with Korean corporations — both minority shareholders and 50:50 joint venture partners.

The Korean Commercial Code's recent corporate-governance reforms give shareholders many protected rights. We enforce those rights.

Product Liability

Product liability and tort litigation continues to pose some of the most complicated and far-reaching legal issues for manufacturers, distributors and other types of companies. Aurora Law Offices is at the forefront of developments in this area of law in our country.

In 2001, Korea instituted a new set of guidelines for voluntary and mandatory product recalls. We assisted a foreign client to conduct the very first voluntary product recall under the new guidelines, commencing two days after the guidelines were promulgated.

Alternative Dispute Resolution

We support the movement toward incorporating alternative dispute resolution, (ADR), into the fabric of legal practice. These alternatives to the normal means of settling disputes through litigation include not only the well-known technique of arbitration but other, usually nonbinding, procedures such as mediation, conciliation, minitrials, and private trials. ADR can be useful in many different contexts and for a variety of reasons: to speed up the process or reduce the costs of dispute resolution; to increase client awareness of issues and risk; to preserve a client’s ongoing business relationships; to allow specially trained arbitrators to judge complex technical issues; to accommodate divergent foreign laws and cultures in international transactions; and to minimize public disclosure of a dispute.

Criminal Defense

Aurora Law Offices has represented numerous corporations, firms, and individuals confronted by government investigations and criminal charges. The firm has expertise and experience in all stages of criminal processes, from police and prosecutors' investigations to criminal trials and appeals. The firm has also conducted internal corporate investigations. The firm’s prior criminal representations span many substantive areas, including tax evasion, money laundering, environmental offenses, mail and wire fraud, customs violations, embezzlement, theft, and false claims against the government.

Foreign Litigation Support

We assist foreign litigants with service of process on Korean-resident defendants, with enforcement in Korea of money judgments awarded by foreign courts, and with the gathering of evidence in this country, including taking depositions.