Dispute resolution

Advised CITIC parties in the management and resolution of their dispute with Mineralogy arising out of multiple agreements concerning CITIC’s mining operation in Western Australia; and delivered two rounds of legal advice and a presentation in Chinese to CITIC Board and management in Hong Kong.

Advised Yuchai Dongte Special Purpose Automobile Company Limited against Suisse Credit Capital (2009) Limited Special Purpose in the English High Court Proceedings (Claim number: CL-2017-000044); provided instructions to the English barrister for Yuchai; managed Yuchai’s witness for the hearing; and achieved a winning outcome for Yuchai.

Advised a Taiwanese family business, the claimant in an HKIAC arbitration concerning a dispute arising out of two sets of Lease Agreement with parallel PRC Court Proceedings; advised the client on its strategy, and managed parallel proceedings in both Chinese and English.

Construction and engineering dispute resolution

Represented a contractor against the Government of the Hong Kong SAR in its HK$2 billion+ arbitration concerning the construction of waste treatment facilities (EPC contract) in Hong Kong (Contract No. EP/SP/58/08); interviewed the factual witness and expert and drafted the witness statement to support the contractor’s Fire Services Department claim arising from the delayed processing of the Fire Engineering Report (FER), General Building Plans (GBPs) and Dangerous Goods Licences (DG Licences).

Represented a Chinese construction company 100% owned by the Chinese central government against an offshore property developer in their Foundation Contract dispute concerning a Proposed Industrial Development in Quarry Bay, Hong Kong; advised the Chinese contractor on its case strategy, arbitration preparatory work, drafted several rounds of legal opinions, the notice of arbitration, instructions to counsel, instructions to experts, and the pleadings; and successfully obtained interim measures.

Advised a Chinese state-owned general contractor on third party funding for its main contract (superstructure works) dispute for a potential loss of profit claim of HK$161+ million; and successfully obtained funding terms (£1,522,393) offered by a London-based Third Party funder. 

International arbitration

Represented the minority shareholder (49%) of a BVI company in its claim against the majority shareholder, a subsidiary of a state-owned Sinochem Corporation arising from their Share Purchase Agreement for valid termination and buy back the shares at the price of RMB385 million and USD64 million plus damages and interest; drafted the pleadings in Chinese language for this HKIAC arbitration and achieved a favourable settlement for the client.

Represented a Taiwanese family business, the claimant in an HKIAC arbitration concerning a dispute arising out of two sets of Lease Agreement with parallel PRC Court Proceedings; advised the client on its arbitration case strategy, all preparatory work, drafted the notice of arbitration and pleadings, instructions to counsel and provided written and oral advocacy in several interim applications; also drafted the witness statements in both Chinese and English.

Represented a leading mobile phone brand and smart phone developer in Turkey in its US$30+ million claim against its suppliers based in Shanghai, China arising out of their international sale of goods contract in this HKIAC administered arbitration; and advised on its claim strategy; preparatory work; drafted the notice of arbitration, provided instructions to counsel and negotiated the appointment of a three-member tribunal.

Pre-arbitration ADR advisory work recent examples

Advised on whether the expert appraisals process had the effect of res judicata.
reviewed and advised on the cooperation agreement between two individuals in Chinese language and its pre-arbitration ADR steps and dispute avoidance strategy.

Advised a European buyer on pre-arbitration risk analysis and dispute resolution strategy.

Recent appointments as arbitrator

Appointed by the ICC Court directly as a co-arbitrator in an ICC arbitration concerning a Marine Works Contract governed by the Egyptian law (FIDIC Yellow Book).

Appointed by the parties as the Sole Arbitrator in an HKIAC administered arbitration concerning a Sale of Iron Ore contract governed by the law of the Hong Kong SAR.

Appointed by the KLRCA as a Sole Arbitrator in an ad hoc arbitration under the technology and manufacture agreement governed by the Malaysian law.

Appointed by the Shenzhen Court of International Arbitration (SCIA) as the Presiding Arbitrator in a cross-border sale of goods dispute under the law of the People’s Republic of China.

International trade

Represented clients in disputes arising from international sale of goods contracts, and the financing of international trade (e.g. letter of credit and bank guarantee). Recent case examples:

Hong Kong arbitration: represented a leading mobile phone brand and smart phone developer in Turkey in its US$30+ million claim against its suppliers based in Shanghai, China arising out of their

international sale of goods contract in this HKIAC administered arbitration; and advised on its claim strategy; preparatory work; drafted the notice of arbitration, provided instructions to counsel and negotiated the appointment of a three-member tribunal.

Hong Kong arbitration: represented a leading mobile phone brand and smart phone developer in Turkey in its US$2+ million claim against its suppliers based in Shanghai and Shenzhen in their international sale of goods (mobile phone products) contract dispute; advised on its claim strategy; all preparatory work for the commencement of the arbitration inclusive of drafting the notice of arbitration.

English High Court case: advised Yuchai Dongte Special Purpose Automobile Company Limited against Suisse Credit Capital (2009) Limited Special Purpose in the English High Court Proceedings (Claim number: CL-2017-000044); provided instructions to the English barrister for Yuchai; managed Yuchai’s witness for the hearing; and achieved a winning outcome for Yuchai.

Construction and engineering

Represented a contractor against the Government of the Hong Kong SAR in its HK$2 billion+ arbitration concerning the construction of waste treatment facilities (EPC contract) in Hong Kong (Contract No. EP/SP/58/08); interviewed the factual witness and expert and drafted the witness statement to support the contractor’s Fire Services Department claim arising from the delayed processing of the Fire Engineering Report (FER), General Building Plans (GBPs) and Dangerous Goods Licences (DG Licences).

Represented a Chinese construction company 100% owned by the Chinese central government against an offshore property developer in their Foundation Contract dispute concerning a Proposed Industrial Development in Quarry Bay, Hong Kong; advised the Chinese contractor on its case strategy, arbitration preparatory work, drafted several rounds of legal opinions, the notice of arbitration, instructions to counsel, instructions to experts, and the pleadings; and successfully obtained interim measures.

Advised a Chinese state-owned general contractor on third party funding for its main contract (superstructure works) dispute for a potential loss of profit claim of HK$161+ million; and successfully obtained funding terms (£1,522,393) offered by a London-based Third Party funder.

Energy and natural resources

Advised CITIC parties in the management and resolution of their dispute with Mineralogy arising out of multiple agreements concerning CITIC’s mining operation in Western Australia; and delivered two rounds of legal advice and a presentation in Chinese to CITIC Board and management in Hong Kong.

Advised a subsidiary of a listed company (the Toronto and Hong Kong Stock Exchanges) in the arbitration proceedings brought by a Mongolian individual regarding their mining royalty dispute; worked together with South Gobi’s Mongolian lawyers and provided legal advice and drafted correspondence to the ICC regarding jurisdictional challenge.

Appointed as the sole arbitrator jointly by the parties in an HKIAC arbitration arising out of an international sale of Iron Ore dispute. 

Real estate investors and developers

Represented the minority shareholder (49%) of a BVI company in its claim against the majority shareholder, a subsidiary of a state-owned Sinochem Corporation arising from their Share Purchase Agreement for the joint development of a landmark real estate project in the city centre of Nanjing, China. Drafted the pleadings in Chinese language for this HKIAC arbitration and achieved a favourable settlement for the client.

Pre-arbitration advisory work: Advised the Vendor and drafted legal opinions and correspondence on whether the conditions for completion had occurred; whether the Vendor was entitled to exercise its right to forfeiture of the HKD1 million initial deposit paid by the Purchaser to the Vendor’s solicitor as Stakeholder.

Represented a Taiwanese family business, the claimant in an HKIAC arbitration concerning a dispute arising out of two sets of Factory Lease Agreement with parallel PRC Court Proceedings; advised the client on its arbitration case strategy, all preparatory work, drafted the notice of arbitration and pleadings, instructions to counsel and provided written and oral advocacy in several interim applications; also drafted the witness statements in both Chinese and English.

China

Represented the minority shareholder (49%) of a BVI company in its claim against the majority shareholder, a subsidiary of a state-owned Sinochem Corporation arising from their Share Purchase Agreement for the joint development of a landmark real estate project in the city centre of Nanjing, China. Drafted the pleadings in Chinese language for this HKIAC arbitration and achieved a favourable settlement for the client.

Represented a Taiwanese family business, the claimant in an HKIAC arbitration concerning a dispute arising out of two sets of Factory Lease Agreement with parallel PRC Court Proceedings; advised the client on its arbitration case strategy, all preparatory work, drafted the notice of arbitration and pleadings, instructions to counsel and provided written and oral advocacy in several interim applications; also drafted the witness statements in both Chinese and English.

Appointed by the Shenzhen Court of International Arbitration (SCIA) as the Presiding Arbitrator in a cross-border sale of goods dispute under the law of the People’s Republic of China.

Southeast Asia

Advised the respondent, a PRC construction engineering company in its defense strategy in the SIAC arbitration seated in Singapore and governed by Singaporean Law.

Represented a major Philippine energy company in relation to a US$9.4 million force majeure claim arising out of a long-term Gas Sale and Purchase Agreement.

Appointed by the KLRCA as a Sole Arbitrator in an ad hoc arbitration seated in Kuala Lumpur, the governing law of the technology agreement is the law of Malaysia.

Asia

Advised CITIC parties in the management and resolution of their dispute with Mineralogy arising out of multiple agreements concerning CITIC’s mining operation in Western Australia; and delivered two rounds of legal advice and a presentation in Chinese to CITIC Board and management in Hong Kong.

Advised a Turkish and UAE based client on Indian arbitration law and dispute resolution clauses.

Advised a Swiss Reinsurance company on Indian arbitration law and dispute resolution clauses.

Represented a major Chinese holding company whose subsidiaries mainly deal with insurance, banking, and financial services in a KRW 488 billion (approximately US$430 million) dispute arising from a sale and purchase of shares of a leading life insurance company in South Korea, governed by English and Hong Kong law and arbitration seat in Hong Kong.

Europe

Advised Yuchai Dongte Special Purpose Automobile Company Limited against Suisse Credit Capital (2009) Limited Special Purpose in the English High Court Proceedings (Claim number: CL-2017-000044); provided instructions to the English barrister for Yuchai; managed Yuchai’s witness for the hearing; and achieved a winning outcome for Yuchai. 

Represented a major Egyptian telecommunication company’s claim against a major French telecommunication company in connection with their Shareholders Agreements. 

Represented a French purchaser against a German reinsurance company, in connection with a Share Sale Agreement.

Represented buyers in a dispute concerning a Sale and Purchase Agreement for majority shares of a major Ukrainian bank.

GAFTA Arbitration: Advised a Chinese entity in a GAFTA arbitration seated in London
Advised a Chinese company on its charterparty dispute in an arbitration seated in London.

Provided legal research and drafting support and sat in with the Tribunal (Kaj Hober; Hr Sikiric and Neil Kaplan CBE QC) in a Bilateral Investment Treaty dispute between an Austrian investor and Croatia.