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Chapter Eleven of the United States-Korea Free Trade Agreement (KORUS) contains provisions designed to protect foreign investors and their investments and to facilitate the settlement of investment disputes. For example, each State Party must accord investors from the other Party national (i.e., non-discriminatory) treatment and may not expropriate investments of those investors in violation of international law. Chapter Eleven permits an investor of one Party to make a legal claim for money damages for measures taken by the other Party that allegedly violate the provisions of Chapter Eleven. An investor may initiate arbitration against that Party under the UNCITRAL Arbitration Rules or, as applicable, the ICSID Convention or ICSID Additional Facility Rules.

The following links provide general background on KORUS, the relevant arbitral rules and investment disputes:

The Department of State is the lead agency representing the U.S. government in KORUS Chapter Eleven cases. The State Department works closely with other agencies to develop U.S. government positions in these cases.

For more information, contact:

Office of International Claims and Investment Disputes
Investment Arbitration
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
tel: 202-776-8360
fax 202-776-8388

Notices and other documents in disputes under Section B of the KORUS shall be served on the United States by delivery to:

Executive Director (L/EX)
Office of the Legal Adviser
Department of State
Washington, D.C. 20520
United States of America

U.S. Department of State

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