Don Kim

Don Kim

Special Counsel
About

Don Kim is special counsel based in DLA Piper's Perth office. Don advises clients on a broad range of projects including large scale construction, infrastructure, energy and mining projects.

Prior to joining DLA Piper, Don worked at one of the largest law firms in Korea, representing both Korean and multinational clients in connection with cross-border commercial disputes, corporate transactions, corporate rehabilitation and general corporate matters.

Professional QualificationsBarrister and Solicitor of the High Court of New ZealandBarrister and Solicitor of the Supreme Court of Western AustraliaSolicitor of the High Court of Australia

EXPERIENCE

  • Acting for a multinational EPC contractor in multiple disputes (including adjudications, Supreme Court proceedings and 3 international arbitrations) arising under an EPC contract for the construction of mine, rail and port infrastructure in Western Australia. The arbitrations involved defending claims by subcontractors for asserted variations and extension of time claims (including delay and disruption costs). The arbitrations were all seated in Singapore (UNCITRAL Rules).
  • Advising one of the world’s largest steel manufacturers on various joint venture issues in relation to a coal mine located in Queensland, Australia.
  • Advising and representing a multinational construction and engineering joint venture contractor in numerous adjudications and arbitrations (ICC Rules, seated in Singapore), arising out of a multi-billion dollar mega oil and gas project in northern Australia. The mandate comprised a diverse range of disputed issues including claims for scope changes, time and compensation under a reimbursable target costs regime.
  • Advising a major shipbuilding company in relation to warranty claims arising out of a supply contract for a major LNG project in Australia.
  • Acting for a major Korean construction company in an international arbitration (under the SIAC Rules) arising under a joint venture agreement for the developments of airport infrastructure in Singapore.
  •  Representing a multinational EPC contractor on numerous claims arising from COVID-19 impacts adversely affecting the progress and delivery of a USD300m energy from waste plant in Australia, The claims involved complex considerations of the change in law and force majeure regimes along with extensive work on demonstrating causal impacts of COVID-19 events on time and cost.
Languages
  • English
  • Korean
Education
  • Victoria University of Wellington, Bachelor of Laws, 2008
  • Sydney University, Master of Arts, 2003
  • Auckland University, Bachelor of Arts, 2002

Memberships And Affiliations

  • Law Society of Western Australia
  • Society of Construction Lawyers Australia

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