International arbitration
UAE property developer
Advising a UAE property developer in relation to enforcement of an ICC Arbitration Award in Hong Kong. Successful in having an application to set aside the order recognising the award dismissed. Advising the client in relation to alternative enforcement options and winding-up the Hong Kong counterparty.
Slovakian corporate
Advising a Slovakian conglomerate (designer, manufacturer and distributor of several owned and licensed brands) in relation to an application to the Hong Kong High Court to set aside an arbitration award made by the HKIAC.
First Media
Acted for the judgment debtor in a nine day hearing before the Hong Kong High Court in proceedings to set aside enforcement orders made by the Hong Kong High Court in respect of Singapore arbitration awards obtained by the judgment creditor (Malaysian conglomerate Astro). The judgment creditor was seeking to enforce arbitration awards obtained in Singapore by a garnishee order over a debt owing by a Hong Kong listed holding company to its Indonesian subsidiary.
Restructuring and insolvency
E-Commodities Holdings Limited (formerly known as Winsway Enterprises Limited)
Advised this Hong Kong Stock Exchange listed BVI incorporated company on its USD350 million debt restructuring through parallel Hong Kong and BVI schemes of arrangement coupled with Chapter 15 recognition in the US.
Joint provisional liquidators of a HK Listco
Advising Cayman Islands appointed joint provisional liquidators (JPLs). Successfully obtained a foreign recognition order from the Hong Kong Court recognising the Cayman appointment to assist the JPLs to obtain documents from third parties to aide in investigations and potential actions following from misappropriation of funds by the group Chairman. Advising in relation to the debt restructuring via a scheme of arrangement in Hong Kong to support a reverse takeover.
Liquidators of Shanghai Huaxin Group (Hong Kong) Limited
Advising the liquidators and assisting in the sale of a portfolio of Hong Kong properties worth about HKD2.8 billion, listed shares and structure products.
Swedish bank
Advised a Swedish bank in relation to enforcing share mortgages granted by Hong Kong companies including options to replace directors and alternative approaches to take control of PRC subsidiaries. Worked closely together with our associated firm Wei Tu to provide complimentary Hong Kong and PRC legal advice.
Ardon Maroon Asia Master Fund
Advising the liquidators on potential claims the fund may have had against (i) counterparties to option agreements which contained tranches of put options in respect of HKEX listed shares; and (ii) the fund manager. Advised in relation to proofs of debt in relation to Hong Kong law aspects of the liquidation. Assisted the liquidators to settle claim with counterparty in relation to tranches of put options in respect of HKEX listed shares.
Regulatory litigation
HK Listco
Advising company in complying with search warrants issued by SFC including steps to preserve legal privilege over seized documents. Preparing voluntary witness statements provided to SFC in relation to various investigations relating to fraud, misfeasance or misconduct and breaches of Part XV (Disclosure of Interests) of the SFO.
Big Four accounting firm
Eloise has experience assisting clients to comply with search warrants (s17 Prevention of Bribery Ordinance) which included producing documents, conducting privilege reviews and preparing for voluntary interviews with the ICAC officers as well as providing witness statements.
Australian Securities and Investments Commissions (ASIC)
Acted for ASIC in proceedings against Fortescue Metals Group Ltd and Andrew Forrest in relation to alleged breaches of the continuous disclosure provisions of the Corporations Act. Heavily involved in the litigation during the five week first instance trial and appeals before the Full Court of the Federal Court of Australia and the High Court of Australia.