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Selected Experience

SK hynix: MFN Audit and Arbitration

How John S. Kim defended SK hynix through a major customer audit in Korea and an arbitration in San Francisco over a most-favored-customer provision, ending in the complete withdrawal of the claims.

Global Legal Team Leader, SK hynix
Selected-experience card on a pale ground titled “SK hynix: MFN Audit & Arbitration,” showing brass scales of justice, a bound arbitration document and a semiconductor wafer beneath a faint world map, beside a paragraph describing the defense and its outcome. The Law Office of John S. Kim wordmark and the line “International Business & Commercial Counsel” appear in the lower left.
Defended SK hynix through a major audit and arbitration over a most-favored-customer provision, securing the complete withdrawal of the customer’s claims. PNG master · 2896 × 2172 · select the image to open it at full resolution

The matter

A major customer alleged that SK hynix had breached a most-favored-customer provision in its semiconductor supply agreement. The allegation produced a substantial contract audit, conducted at SK hynix headquarters and related offices in Korea, and an arbitration seated in San Francisco, California. John S. Kim led the company's response to both.

How it turned

The defense did not rest on the pricing merits alone. Mr. Kim established that the customer had itself disclosed confidential pricing information without authorization, which undermined the basis of the allegations and secured a materially stronger negotiating position.

The outcome, stated precisely

All claims were withdrawn in full. That was a withdrawal by the claimant — not an arbitral award, and not a court judgment. The distinction is kept because it describes what actually happened.

Why it was demanding

Most-favored-customer pricing clauses expose a supplier across its entire customer book: what is conceded to one buyer can reprice the rest. A claim of that kind is therefore never contained to the counterparty who brings it, and the response has to account for every other customer relationship at the same time.

Relevance today

The Law Office of John S. Kim advises on dispute strategy and litigation management and on the commercial contracts that generate disputes — including the pricing and most-favored-customer terms that look harmless until they are tested.

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