Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Clifford Chance’s disputes practice is known in Hong Kong for its expert ability to handle litigation work involving complex financial matters. Veteran partner Martin Rogers leads the team in Asia, and brings to the practice 20 years of experience in the region. Partner Cameron Hassall heads the firm’s Hong Kong and China arbitration practice, and he has a particular specialty in cross border disputes in the private equity, infrastructure, energy and banking and finance sectors.

Clifford Chance is able to provide leading commercial litigation and arbitration advisory services to clients in finance related industries. Rogers and his team often advise leading investment banks, fund managers and international and Asian companies across the region.

Herbert Smith’s disputes practice in greater China is known for its unparalleled litigation prowess. Partners Mark Johnson, Gavin Lewis and Justin D’Agostino lead the dispute resolution team from Hong Kong, where they regularly act for multinationals and international financial entities. The firm also has a strong presence on the arbitration side, with D’Agostino leading major arbitrations at CIETAC and other international arbitration venues.

In one recent case, Herbert Smith’s litigation team advised UTFE as plaintiff in connection with a substantial claim for breach of a number of warranties against the vendor and its directors subsequent to the acquisition of a Hong Kong listed company. The HK$200 million matter comprises seven major claims.

Richards Butler Reed Smith has a strong name in Hong Kong for general disputes advice, litigation in Hong Kong and international arbitration. The firm has an especially strong presence on maritime and shipping related disputes, many of which come through Hong Kong. Partner Chris Howse specialises in maritime and commercial disputes work. In addition to working on litigation cases in the courts of Hong Kong, Howe also represents clients in international arbitration.

Partner David Morrison is also well known in Hong Kong, and specialises in contentious mergers and takeover issues, shareholder and board room issues, and fraud and defamation disputes. He has over 20 years of experience practicing law in Hong Kong. Kevin Bowers and Jonathan Greene are also well known in the market.

This was a year of big change for Barlow Lyde & Gilbert, which is well known in Hong Kong for its dispute resolution practice as well as its expertise on shipping and aviation matters. In August 2010, the firm announced an international merger with leading shipping firm Clyde & Co. This will result in multi-jurisdictional capabilities and a new firm with 270 partners and 27 offices worldwide.

Hong Kong office head David Smyth has 13 years of experience working in Asia, and specialises in dispute resolution and arbitration with particular prowess in professional indemnity claims and insurance related matters. Partner Tom Fyfe is also described as a dispute resolution partner to watch in Hong Kong.

Partner Joseph Kwan heads the dispute resolution practice at Deacons, which is well known for its ability to represent clients in Hong Kong courts and dispute proceedings at all levels.

Daisy Tong recently led a team that defended several members of a major bank in Hong Kong’s first ever criminal prosecution involving offences of fraudulently or recklessly inducing others to invest money in structured products with Lehman Brothers. This past year, Joseph Kwan also represented the former managing director of a major investment bank in a criminal insider trading case.

Linklaters is known for its strong relationships with financial institutions in Hong Kong, and it is from these relationships that the firm garners most of its dispute resolution mandates. For example, it represents all of Hong Kong’s leading investment banks on counterparty disputes and regulatory investigations.

The Hong Kong office is fortunate to have Marc Harvey leading his litigation pratcice. Harvey also serves as the firm’s global head of litigation and has extensive experience in corporate finance disputes.

When it comes to arbitration, Linklaters stands out because of its know-how in working through regional arbitration tribunals and alternate dispute resolution channels in greater China. The team also has particular experience in fraud litigation work.

Harvey recently led the disputes team representing Standard Chartered Bank in its settlement with the SFC and HKMA in connection with the bank’s distribution of Lehman equity-linked notes.

Mayer Brown JSM stands out in Hong Kong for the size of its dispute resolution practice. The 80 lawyer practice is also one of the oldest disputes practices in Hong Kong and China. The firm has particularly strong relationships with leading Hong Kong companies, and is known for being able to expertly navigate Hong Kong’s legal landscape. Clients include leading multinational corporations, Hong Kong media organisations, and public bodies and authorities.

In a matter that was indicative of Mayer Brown JSM’s cross border China capability, the firm last year represented a Hong Kong based developer on its investment disputes in Mainland China. The team also advised an international financial institution in connection with a complicated dispute with the PRC government.

Experienced litigation partners Nicholas Hunsworth and Jacob Tse are leading lawyers in the practice.

Partners Robert Pé and Andrew Dale lead Orrick’s greater China dispute resolution team from Hong Kong. Orrick has a solid presence in both litigation and arbitration. Pé serves as head of the firm’s regional dispute resolution practice, and stands as an arbitrator in a number of disputes. He is also a member of CIETAC’s approved panel of arbitrators and the ICC’s Hong Kong arbitration committee. Dale has a particular specialty advising clients in high stakes fraud disputes and FCPA investigations, which are often multijurisdictional in nature.

Orrick is representing a consortium of private equity funds in enforcing security on the basis of alleged breaches of various transaction documents relating to a PRC real estate investment. At least US$450 million is at stake in the case.

Baker & McKenzie’s dispute resolution practice encompasses a wide range of practice areas, but has a particular specialty on commercial disputes. Lawyers routinely work on cases from the firm’s corporate, regulatory, property, employment, IT and insurance practices. Practitioners are adept at helping clients to avoid potential disputes through strategising at the early phases of deals and agreements.

Hogan Lovells’ dispute resolution practice is led from Hong Kong by senior partner Allan Leung. The firm is known for its strong regulatory practice, and has advised on a number of major SFC, HKMA and ICAC investigations this past year. Partners Mark Lin, Chris Dobby, Timothy Hill and Damon So are other integral members of the firm’s disputes practice.

O’Melveny’s dispute resolution team has been active the past year in a number of highly confidential, but interesting matters. The practice is led Friven Yeoh, who has been described by clients as “dedicated” and possessing “a solid, commercial sense” and supported by the talented counsel Fu Yu. Clients who trust the team with its matters range from PRC corporate giants such as China Eastern Airlines to global investment banks such as UBS. Arbitration is a particular strength of O’Melveny, with its seasoned lawyers having appeared before many international arbitration tribunals as well as the US and Hong Kong courts. A key ongoing matter for Yeoh and counsel Bingna Guo, along with US colleagues, is representing PRC online gaming company Giant Interactive in a securities class action in the Southern District of New York.  Yeoh and Yu have also been busy working with HSBC Nan Fung in a complex dispute involving major shareholders and the disposal of a commercial property in Beijing.

Skadden’s dispute resolution practice across Asia is handled by the firm’s Asia Pacific international arbitration and litigation group, which provides a wide range of international dispute resolution services to clients. Experienced partner Paul Mitchard QC is based in Hong Kong, where he manages the Asia group and is also co-head of Skadden’s global dispute resolution practice. China focused partner Frances Kao relocated to Hong Kong from the firm’s Chicago office in January 2011, and her move will bolster the Hong Kong team.

Partner John Budge leads Wilkinson & Grist’s dispute resolution team, which handles an array of mostly contentious matters for clients in Hong Kong. The firm represents clients in shareholder disputes, as well as liquidators, local clients and leading Hong Kong individuals in Hong Kong disputes. The firm recently represented a client on a case involving disputed wills in connection with the richest woman in Asia. The proceedings were high profile and very complex, and the litigation team was successful after a 40 day trial.