Dispute Resolution

Overview

Hong Kong is a leading centre for dispute resolution in the Asia-Pacific Region. The city is often chosen as the venue for resolving disputes given its unique geographical and historical circumstances. It is part of the People's Republic of China ("PRC") but operates a common law legal system inherited from England. This system is both distinct from that of the PRC and familiar to international businessmen. Hong Kong enjoys the rule of law, including a strong and independent judiciary, and an abundance of legal expertise.

We have substantial experience in the resolution of a broad range of disputes. Our lawyers have represented clients in arbitral proceedings, in proceedings before administrative tribunals and regulatory bodies and in proceedings at all levels of the superior courts in Hong Kong. As a firm, we have a strong appellate practice, having appeared on multiple occasions before the Court of Appeal and the Court of Final Appeal. At the same time, we enjoy a strong reputation in regulatory enforcement matters, having represented a number of clients in proceedings before the Securities and Futures Commission, the Hong Kong Monetary Authority and the insurance regulators.

We have particular strengths in disputes involving financial market transactions or financial services. We have acted for a number of clients in respect of claims by clients against financial institutions as well as employees or former employees of financial institutions advancing claims against their current or former employers. We have represented clients in respect of allegations of the commission of white collar crimes. Our strong focus on the financial markets gives us in depth knowledge to tackle the most complicated disputes involving participants in these markets. We are experienced in balancing the needs of clients in resolving liability issues arising from competing civil, criminal and disciplinary proceedings.

Experience

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  • Advising a portfolio manager of a listed People’s Republic of China based financial services firm with a market capitalization of over USD16 billion in respect of managing liability exposure as a result of portfolio losses of as much as USD130 million in connection with a complex derivatives trading strategy

  • Advising a private wealth management group in Asia in connection with an SFC investigation regarding suitability and record keeping

  • Representing the non-executive chairman of AcrossAsia before the MMT regarding late disclosure of price sensitive information

  • Representing a private fund manager and its director in respect of an appeal to the Court of Final Appeal in respect of the proper interpretation of the provisions of Hong Kong securities laws governing offers of investments to professional investors

  • Representing a high profile activist short seller before the Court of Appeal in respect of the proceedings which the SFC commenced before the Market Misconduct Tribunal

  • Representing a private company valued at USD2 billion in connection with a contractual dispute with a counterparty with PRC operations, the provisional liquidation of that counterparty and the enforcement of judgment

  • Representing a stock brokerage firm regulated by the SFC in connection with an arbitration regarding claims by a client for restitution based on allegations of fraudulent and unauthorized loss of client assets

  • Advising a managing director at one of the largest banks in Hong Kong in connection with the potential termination of his employment as a result of allegations of breaches of internal compliance requirements

  • Advising a portfolio manager of a listed People’s Republic of China based financial services firm with a market capitalization of over USD16 billion in respect of managing liability exposure as a result of portfolio losses of as much as USD130 million in connection with a complex derivatives trading strategy

  • Advising a private wealth management group in Asia in connection with an SFC investigation regarding suitability and record keeping

  • Representing the non-executive chairman of AcrossAsia before the MMT regarding late disclosure of price sensitive information

  • Representing a private fund manager and its director in respect of an appeal to the Court of Final Appeal in respect of the proper interpretation of the provisions of Hong Kong securities laws governing offers of investments to professional investors

  • Representing a high profile activist short seller before the Court of Appeal in respect of the proceedings which the SFC commenced before the Market Misconduct Tribunal

  • Representing a private company valued at USD2 billion in connection with a contractual dispute with a counterparty with PRC operations, the provisional liquidation of that counterparty and the enforcement of judgment

  • Representing a stock brokerage firm regulated by the SFC in connection with an arbitration regarding claims by a client for restitution based on allegations of fraudulent and unauthorized loss of client assets

  • Advising a managing director at one of the largest banks in Hong Kong in connection with the potential termination of his employment as a result of allegations of breaches of internal compliance requirements

Insights

  • Hong Kong: A Checklist To Recovering Monies Transferred As A Result Of Fraud

    Businesses whose monies are stolen by scammers must act quickly to recover the funds. Where the funds have been received in a bank account in Hong Kong, court proceedings should be immediately started to freeze the account and to gain further information to enable follow-up action to be taken if the funds have been withdrawn. In this article, we provide a checklist of action items for businesses who have been defrauded with funds transferred to Hong Kong.

  • Personal Liability of Directors: Covid-19 and Trading in the Insolvency Zone

    The coronavirus (Covid-19) pandemic continues to amplify the damage to a Hong Kong economy already battered by political unrest and an evolving reset in the relationship between the U.S. and China. As Hong Kong companies come under increasing cashflow pressure, directors should be aware that if their companies approach insolvency, their duties are increasingly owed to the creditors of their companies rather than to the shareholders of their companies. Pressure from suppliers and other creditors to make payments can place directors in a difficult position of incurring personal liability. In this article, we explore some of the features of this liability..

  • Debt Collection Post-Covid-19: Force Majeure, Frustration and Winding-Up in Hong Kong

    Businesses who wish to take aggressive action to enforce contractual obligations may consider a statutory demand as a means to pressure a counterparty into performance. A statutory demand may result in the winding-up of the counterparty, resulting in the liquidation and dissolution of that counterparty. However, the counterparty may resist the winding-up, disputing that the obligation is in fact owed. The present coronavirus pandemic may provide a basis for the counterparty to argue that it should be excused from performing its obligations through the doctrine of frustration and force majeure. In this article, we explore the nature of a winding-up, how it may be used for debt collection and whether the present pandemic may provide a basis for resisting a winding-up.