Rachel Chan


Rachel Chan
Partner

Contact Information

Direct Dial: (852) 3582 3233
Mobile: (852) 6209 7233
Email: rachel.chan@kyclaw.com

Languages Spoken

  • English
  • Cantonese
  • Putonghua

Education

  • LLB (Hons)
  • PCLL (Distinction)
  • BCL (Oxon)

Admissions

  • Hong Kong
  • England & Wales (non-practising)

Bio

Rachel Chan has a broad dispute resolution practice with a primary focus on arbitration matters. Rachel has acted on commercial and construction disputes of varying scales and complexities in Hong Kong and other jurisdictions, including Mainland China, Macau, Dubai, the Philippines and Latin America. She has represented a wide spectrum of clients including employers, private and commercial developers, public authorities, contractors, subcontractors, specialist suppliers and consultants in arbitration matters as well as in Court and other proceedings.

Since joining Kwok Yih & Chan, she has also acted on numerous regulatory matters, advising listed companies, directors and licensed persons in relation to enquiries, investigations and disciplinary proceedings conducted by the SFC, HKEX and AFRC.

Rachel is dedicated to delivering the best client service and experience, and takes pride in her timely advice and her “user friendly” approach.

Rachel is a practising solicitor member of the Solicitors Disciplinary Tribunal Panel, and an external academic adviser for International Arbitration Practice of the City University of Hong Kong’s PCLL programme (2016 – 2025). She is also a member of the Hong Kong Law Society’s Arbitration Committee (from October 2019).

Recent Transactions

Arbitration and construction

  • Renewable energy: Acting for a majority shareholder in two HKIAC administered arbitrations and the related High Court proceedings for ancillary receivership and injunctive reliefs in relation to disputes with private equity investors over the management and control of a large corporate group in the PRC which owns and operates an extensive network of renewable energy power plants in various provinces in China.
  • Distributorship agreements: Acting for the exclusive distributor of a well-known skincare and cosmetics brand in relation to various arbitral and related court proceedings in Hong Kong and overseas against the manufacturer.
  • PRC real estate: Acting for a minority shareholder in an arbitration commenced by the majority shareholder concerning alleged deadlock and unfairly prejudicial conduct relating to the underlying joint venture company.
  • New hospital development: Acted for an NEC main contractor in relation to an arbitration and the related High Court proceedings brought by its subcontractor.
  • Waste management infrastructure: Acted for an overseas DBO contractor in its multibillion-dollar mediation and arbitration against the Hong Kong government arising out of the design, construction and operation of a state-of-the-art waste management infrastructure project in Hong Kong.
  • Power plant project in Latin America: Acted for an EPC contractor in an ICC arbitration arising out of the termination of the EPC Contract (governed by the laws of New York) and the related financing agreement in respect of the design, procurement and construction of a coal-fired power plant station in Latin America.
  • Infrastructure project (new railway link): Acted for an earthworks subcontractor in its claims against the main contractor in relation to a major railway infrastructure project in Hong Kong.
  • Public works (bridges and underpass network and related footbridges): Acted for the main contractor of a HK$1.5 billion civil engineering infrastructure project in its arbitration against the Hong Kong government, following an earlier attempt in mediation.
  • Infrastructure project in Dubai: Acted for a major Japanese contractor against the government of Dubai in a multibillion-dollar arbitration under the Dubai government’s Rules of Arbitration and Conciliation in relation to an infrastructure and highway/interchange project in Dubai.
  • Macau casino project: Acted for a steelwork contractor against the project owner in relation to its claim arising out of work done for a casino and hotel development project in Macau.
  • Infrastructure project – LegCo and independent panel enquiry: Advised the employer of a major infrastructure project in Hong Kong in managing an enquiry raised by LegCo and an independent expert panel in relation to the delays of the project.
  • Commercial project in the Philippines: Acted for a main contractor in a High Court action against its sub-contractor in relation to a dispute arising out of a cigarettes production facility construction project in the Philippines.
  • Commodities trade (CIETAC arbitration): Acted for a Brazilian supplier of mineral products in relation to a multibillion-dollar claim in relation to termination by a Chinese buyer.
  • Public housing development: Acted for the main contractor in relation to the “short piling” claims brought by the Hong Kong Housing Authority.
  • Taiwan infrastructure project: Advised the main contractor of a US$15 billion infrastructure development in Taiwan in the conciliation with the employer.
  • PRC chemical plant development (ICC arbitration): Advised a Taiwanese-Singaporean corporate group of companies in an ICC arbitration against the project owner and other downstream contractors arising out of the suspension of a chemical plant development in China.
  • 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.
  • Enforcement of a Japanese arbitration award: Acted for a Taiwanese listed group of companies against enforcement actions brought 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.
  • Construction front-end and advisory works: Rachel also routinely handles front-end review of construction contracts and non-contentious project matters, examples of which include project management, consultancy and work contract packages for data centre projects, casino and hotel developments, as well as the design, construction and maintenance of telecommunication civil infrastructure.

Commercial disputes, regulatory investigations and other contentious matters

  • Bond default: Acting for a bondholder in its claim arising out of the default of a series of bonds issued by one of the largest state-owned enterprises in the PRC against the issuer, guarantor and other parties.
  • Scheme of Arrangement (default of Senior Notes): Acting for a construction company in its application to the Court for sanction of creditors’ compromise scheme.
  • Winding up: advising and assisting the Court-appointed provisional liquidators (subsequently, liquidators) in managing the winding up of a listed company, including taking control and possession of all books and records, bank accounts and all other assets (both onshore and offshore) of the listed company and its over 95 subsidiaries and branches located in Hong Kong and overseas, as well as handling various ongoing civil and criminal proceedings involving companies within the group.
  • Regulatory: advising a listed company in parallel regulatory investigations by the SFC and the Exchange concerning alleged mismanagement and other misconduct. The combined experience and expertise of our firm’s corporate and dispute teams have assisted the client in managing (and ultimately resolving) the investigations as well as concluding the trading resumption exercise successfully.
  • Regulatory: advising a listed company in parallel regulatory investigations by the SFC and the Exchange concerning the alleged disclosure of false or misleading information.
  • Regulatory: advising a listed company in relation to an enquiry brought by the Accounting and Financial Reporting Council.
  • Regulatory: advising a company in relation to an SFC enquiry arising in the context of a request for assistance to an ongoing investigation by the China Securities Regulatory Commission.
  • Regulatory: advising an individual in connection with an SFC dawn raid and subsequent follow-up.
  • Enforcement of judgment in the PRC: Acted for an Australian casino client in its enforcement proceedings in Hong Kong and Shanghai against a PRC national via the mutual judgment recognition and enforcement arrangements between Hong Kong and the PRC.
  • Company and shareholders’ dispute: Acted for a shareholder/director of a controlling parent company of a Hong Kong listed company in relation to disputes over the control of the board of directors.
  • Commercial dispute: 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.
  • 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 in Hong Kong as well as in the ancillary High Court proceedings against two banks for specific performance.
  • Company and winding up: Acted for a minority shareholder in unfair prejudice and winding-up proceedings, further to a successful application for an interim Mareva injunction restraining the dissipation of the company’s 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 injunction proceedings and related regulatory proceedings brought by the SFC concerning the alleged misappropriation of funds from an open-ended investment scheme.