Dispute Resolution

Overview

Our dispute resolution lawyers have substantial experience in dispute resolution including civil litigation and criminal litigation. Our dispute resolution lawyers have represented clients in arbitration proceedings, administrative proceedings before tribunals and regulatory bodies, and civil and criminal court proceedings at all levels of Hong Kong courts, including the Court of First Instance, the Court of Appeal and the Court of Final Appeal. Combining persuasive advocacy and a commercial and pragmatic approach to dispute resolution, our dispute resolution lawyers are known to deliver results.

Our dispute resolution lawyers often represent participants of the Hong Kong financial markets, including asset managers, brokers, wealth managers, insurance brokers and their clients. Their practice complements our Financial Services Regulatory practice, for which we have been consistently recognized as an outstanding, leading and recommended practice by independent editorial publications, including the International Financial Law Review 1000 (ILFR1000), the Legal 500, Chambers and Partners and Asialaw Profiles, and for which our lawyers have been consistently recognized as “leading”, “highly regarded”, “well regarded” and “market-leading” lawyers.

Our work includes advising on the following:

  • Commercial litigation and alternative dispute resolution, including resolving shareholder disputes and contractual disputes, and resolving disputes involving financial institutions in respect of financial market transactions or the provision of financial services

  • Fraud and asset recovery, including the enforcement of arbitral awards and foreign judgments, asset tracing and the freezing of assets

  • White collar crime and regulatory defence, including defending investigations by governmental organizations and regulatory authorities including the Securities and Futures Commission (“SFC”), the Insurance Authority (“IA”), the Hong Kong Monetary Authority (“HKMA”) as well as the Companies Registry (“CR”), the Customs and Excise Department (“CED”), the Commercial Crime Bureau (“CCB”) of the Hong Kong Police and the Independent Commission Against Corruption (“ICAC”).

  • SFC investigations and prosecution, including how to handle an SFC investigation and defend SFC prosecutions and enforcement actions

  • SFC appellate, including appealing the determinations of the Market Misconduct Tribunal (“MMT”) in proceedings initiated by the SFC

  • Market Misconduct Tribunal, including defending against allegations of market misconduct in MMT proceedings initiated by the SFC

  • Employment litigation, including resolving disputes between firms regulated by the SFC, IA and HKMA and their employees

With highly skilled dispute resolution lawyers possessing years of experience in Hong Kong, we combine strong technical capabilities with a deep understanding of the Hong Kong and international business environment to provide sophisticated advice, strategic insights and pragmatic solutions to meet client commercial needs.

Experience

Internal Investigation of Market Market for Fortune Global 200 Financial Institution

Lead counsel to a Fortune Global 200 financial institution in the conduct of an internal investigation relating to possible market manipulation.

Litigation Against a Prime Broker by a Hedge Fund

Lead counsel to a hedge fund against its prime broker following the insolvency of the prime broker’s corporate group during the Global Financial Crisis.

Employment Dispute Arising from Global Reorganization

Lead counsel to a Fortune Global 500 company in connection with an employment dispute with a senior executive as a result of global reorganisation.

Hong Kong HKIAC Arbitration in Respect of Dispute Between Stock Broker and its Client

Lead counsel to an SFC licensed affiliate of an Asia listed financial institution with a market capitalization of over US$6 billion in connection with arbitration proceedings administered by the Hong Kong International Arbitration Centre (HKIAC) arising from a client dispute.

Multi-Million Dollar Hong Kong Litigation over Breach of Contract

Lead counsel to a private equity backed portfolio company valued at US$2 billion in a multi-million dollar lawsuit against a counterparty distributor for breach of a major contract with a China based NASDAQ listed company.

Criminal Defence of Former Employee of Financial Institution on Suspicion of Fraud and Dishonesty

Lead counsel to former employee of a US based bank in respect of suspicions of fraud and dishonesty arising from trading activities. Advised on potential criminal offences and prepared submissions which ultimately resulted in no prosecution moving forward.

Successful Appeal to Court of Final Appeal in Precedent Setting Securities Law Case

Lead counsel to a hedge fund manager in a successful appeal to the Court of Final Appeal in a precedent setting case which defined the scope and application of the professional investors exemption.

Insights

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