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.
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Construction and engineering dispute resolution
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.