Arbitration analysis: In Republic of Korea v Elliott Associates, the Commercial Court considered a jurisdictional challenge to an arbitration award rendered under the Korea-US Free Trade Agreement (the Treaty). The key issue was whether the acts of certain bodies were ‘measures adopted or maintained’ by Korea under Article 11.1(3) of the Treaty. Foxton LJ carried out an in-depth analysis of the principles governing whether the conduct of a body with separate legal personality may be attributed to a State. He determined that the tribunal did not have jurisdiction over the actions of the National Pension Service (‘NPS’), but did have jurisdiction over the conduct of the-then-Korean president, President Park, the Korean Presidential Office (the Blue House), and the Minister and the Ministry of Health and Welfare (MHW). The award was set aside in part, and issues of causation and relief were remitted to the tribunal. Written by Natasha Peter, partner at Trinity International and barrister at Cornerstone Barristers, and Ben Ainsley Gill, senior associate at Trinity International.