Dispute Resolution, Restructuring and Insolvency

Our dispute resolution team has extensive domestic and cross border arbitration and litigation experience, and advises on all types of commercial disputes, securities regulatory compliance, insolvency and restructuring. We advise clients in every industry sector, ranging from multinational corporations and major financial institutions to governments and high-profile individuals.

Through integrating our dispute resolution capability with our other practice areas, we provide a unique full-service offering to client. The breadth and scale of our practice enables us to provide practical and strategic advice in response to client needs. Our experiences include:

Banking and finance disputes

  • Banking: Acted for bank on an application for appointment of provisional liquidators in relation to default of convertible bonds.
  • Banking: Acted for bank on appointment of receivers over charged assets of debtor company and recovery proceedings in multiple jurisdictions.
  • Investment fund: Acted for an investment fund in relation to a court appointed receiver to preserve assets.
  • Banking and regulatory: Acted for a private client in his dispute with a Taiwanese bank in relation to the mis-selling of an accumulator contract and foreign exchange investment products.
  • Regulatory and SFC proceedings: Acted for a private corporate client in the injunction proceedings and the related regulatory proceedings brought by the SFC concerning the alleged misappropriation of funds from an open-ended investment scheme.
  • HKEX regulatory proceedings: Acted for numerous corporations listed on the HKEX and directors of corporations listed on the HKEX in regulatory proceedings and queries brought by the HKEX concerning fulfilment of listing rule requirements.

Commercial and breach of contract claims

  • Breach of contract: Acted for a subsidiary of a HK listed company to claim for loss sustained from the supply of defective goods.
  • Commercial: Acted for a BVI company in a High Court dispute against an offshore subsidiary of a state-owned enterprise in connection with the sale and purchase of shares in a company which owns substantial assets in Mainland China.
  • Commodities trade: Acted for a Brazilian supplier of mineral products in relation to a multi-billion arbitration claim on termination of a supply contract governed by Hong Kong law by a Chinese buyer.
  • Restitution: Acted for a PRC Provincial window company in defending a restitution claim against a Macanese company in respect of a corporate transaction dispute involving PRC and Hong Kong legal issues, including in the Court of First Instance, Court of Appeal and Court of Final Appeal proceedings in Hong Kong.
  • PRC enterprise foreign investment: Acted for a PRC national enterprise in an arbitration proceeding to defend a claim for alleged breaches of a series of share purchase agreements involving PRC foreign investments and PRC, Hong Kong and European law issues.
  • PRC real estate: Acted for a US bank and its PRC onshore JV partner in an arbitration against a PRC company and its offshore parent in respect of an abortive real estate development in Shanghai.
  • Misappropriation of funds: Acted for an Australia-based casino operator and its associated companies in two consolidated multi-party High Court actions relating to alleged receipts of funds misappropriated by a former partner of the Plaintiff law firm.
  • Appeals: Acted for a private investment company in the Court of Appeal and the Court of Final Appeal proceedings arising out of an aborted sale of a hotel as well as in the ancillary High Court proceedings against two banks.

Shareholders’ and corporate disputes

  • Company and shareholders’ dispute: Acted for a subsidiary of a HK listed company in defending a claim by a former employee alleging breach of an oral agreement in relation to a “gift” of 10% shareholding in the company.
  • Company and shareholders’ dispute: Acted for a shareholder/director of a controlling parent company of a HK listed company in relation to disputes over the control of the board of directors.
  • Company and shareholder’s dispute: Acted for the substantial shareholders of a HK listed company in relation to disputes regarding the mismanagement of the HK listed company and other alleged breaches of fiduciary duties of certain members of the board and their associated parties, and the resulting reorganization of control of the board of directors.
  • Company and shareholder’s dispute: Acted for a HK listed company in relation to a potential dispute with a corporate shareholder with respect to legal arrangements of shareholder’s rights involving offshore and Hong Kong jurisdictions.
  • Company and winding up: Acted for a minority shareholder in an unfair prejudice and winding up proceedings, further to a successful application for an interim Mareva injunction restraining against the dissipation of valuable assets.

Debt recovery

  • Banking and financial institutions: Acted for banks and financial institutions in the recovery of loans and enforcement of guarantee and securities, including obtaining interim injunctive relief.

Intellectual property disputes

  • Trademark opposition: Acted for a company in a trademark opposition proceeding against a Fortune 500 company which eventually led to a settlement between the parties for their respective trademarks to co-exist.

Injunctions

  • Interim injunctive relief: Acted for multiple clients to obtain injunctive reliefs, including mareva injunctions and proprietary injunctions.

Competition law enforcement and compliance

  • Compliance: Advised an overseas contractor in relation to suspected bid-rigging activities by tenderers.

Judgment and award enforcement

  • Enforcement of a Japanese arbitration award: Acted for a Taiwanese listed group of companies in relation to an award recognition and enforcement action in Hong Kong.
  • Enforcement of a Taiwanese non-convention award: Acted for a Taiwan public guaranty fund in its award recognition and enforcement proceedings in Hong Kong against a Swiss bank.
  • Enforcement of judgment in the PRC: Acted for an Australian casino client in its enforcement proceedings in Hong Kong and in Shanghai against a PRC national via the mutual judgment recognition and enforcement arrangements between Hong Kong and the PRC.

Employment disputes and equal opportunities claims

  • Summary dismissal: Acted for an international financial institution in defending claims for wrongful termination by two former senior employees.
  • Negligence claim: Acted for a financial institution in a claim against its former senior director for negligence.
  • Race discrimination: Acted for a major international contractor in an equal opportunities action brought by a former employer in relation to an alleged wrongful termination due to race discrimination.

Restructuring and insolvency

  • Statutory demand: Acted for a party in an application to set aside a statutory demand brought by a PRC company related to a series of cross-border capital transactions.
  • Provisional liquidators and liquidators: Acted for provisional liquidators and liquidators in claims against former Chairman and directors of a former listed company to recover assets and breach of fiduciary duties.
  • Liquidators: Acted for liquidators in application under Section 286B (formerly Section 221) of the Companies (Winding-Up and Miscellaneous Provisions) Ordinance for documents and examination of persons concerning the promotion, formation, trade, dealings, affairs or property of the company.
  • Trustee in bankruptcy: Acted for bankruptcy trustees in asset tracing claims and application under Section 29 of the Bankruptcy Ordinance for documents held by the Hong Kong branch of an overseas bank.
  • Receivers: Acted for receivers over charged assets of debtor company and overseeing asset recovery proceedings in multiple jurisdictions and challenge by debtor company over the appointment of the receivers.