Ko-Yung Tung is an eminent international lawyer, practicing in both the public and private sectors. In the public sector, he advises sovereign governments and agencies in the areas of foreign investment and international economic relations. In the private sector, he counsels multinational corporations with respect to their international business strategies, cross-border transactions and dealings with governmental authorities. His corporate transactions include cross-border mergers, acquisitions and financings; his international arbitration practice covers investor-state investment disputes.
Prior to joining Morrison & Foerster, Mr. Tung served as the Vice President and General Counsel of the World Bank and as Secretary General of the International Centre for the Settlement of Investment Disputes (ICSID). Prior to the World Bank and ICSID, he was a senior partner of O’Melveny & Myers and head of its Global Practice Group.
In addition to his private practice, Mr. Tung teaches a course on law and economic development at Yale Law School, and is a frequent speaker at conferences and seminars on international law and business as well as global economic issues. He has published many articles on those subjects; his latest is a chapter entitled “Foreign Investors vs Sovereign States: Towards a Global Framework, BIT by BIT” in International Economic Law and National Autonomy (Cambridge University Press, 2010).
Mr. Tung has held a number of high-level appointments, including as a member of the U.S. Presidential Commission on United States Pacific Trade and Investment Policy, Chairman of the Board of Governors of the East-West Center, and The Trilateral Commission. He currently serves as a board member of non-governmental organizations and academic centers, including Human Rights Watch-Asia, Asian American Legal Defense and Education Fund, The London Forum of Economic Law and Development at the University of London, Boston University Center for Finance, Law and Policy, U.S.-China Education Fund, and Chinese Business Lawyers Association. He is a member of the Council on Foreign Relations and the American Society of International Law, International Bar Association and the Bar of the City of New York, the Asia Society, and the Japan Society.
Mr. Tung currently serves or has served as a director or advisor of corporate boards and advisory councils, including Eisai Co.,Ltd. (a Japanese pharma), Hawaiian Airlines, Kajima Corporation, Sunstar Inc., and affiliates of Metropolitan Life and USAA.
Mr. Tung was born in Beijing, China, and raised in Tokyo, Japan. He received his education at Phillips Academy, Andover, Massachusetts, Harvard College (physics, magna cum laude, 1970), Harvard Law School (J.D., 1973), and University of Tokyo, Faculty of Law (research fellow 1971-72).
Japan Airlines Strategic Restructuring
Advised Japan Airlines in connection with its restructuring and reorganization, including its alliance with foreign air carriers, restructuring of its financings, bilateral and multilateral air treaties, international anti-trust analysis.
AIG Global Real Estate
Advising AIG in connection with its restructuring, repositioning and disposition of its real estate portfolio and activities in Asia.
United Arab Emirates
Advised the Ministry of Foreign Investment of the UAE with respect to drafting a Foreign Investment Law and regulations.
Foreign Investors in South America
Advised various foreign investors with respect to their potential claims against host countries in Latin America for violations of foreign investors’ rights under bilateral and multilateral investment treaties and other international instruments.
Advising Sunstar Inc., a Japanese health and oral care company, in connection with its global strategy, including restructuring and rationalizing its global organization, and cross-border acquisitions and investments.
Represented SMBC Daiwa America in connection with its strategic investment in and alliance with Sagent Advisors.
Acts as international advisor to Kajima Corporation, a Tokyo-based real estate, construction, engineering and architectural firm, with respect to its global operations, including various acquisitions of subsidiaries in the United States and projects in Europe, Asia and Emerging Markets.
Eisai Co., Ltd.
Acts as advisor (and former outside member of the Board of Director) to Eisai Group, a Tokyo-based pharmaceutical company, with respect to corporate governance and international strategy.
GeoEye – China
Represented GeoEye, a U.S. satellite company, in its negotiation and setting up of a joint venture among a Chinese governmental authority and a Japanese trading company to finance and operate satellite imaging services.