Arbitration

We have built one of the few specialist arbitration practices based out of Hong Kong, a leading arbitration hub in Asia.  Our team is deeply capable of handling substantial arbitrations and we are regularly referred arbitrations by, or co-counsel with, other law firms in Hong Kong and overseas.  Our practice head, Darren FitzGerald, takes appointments as arbitrator.

We work in Hong Kong and other regional arbitration venues under various arbitration rules including those of the HKIAC, ICC, LCIA, SIAC and UNCITRAL. Hong Kong retains a distinct domestic arbitration regime and we routinely act for industry players in complex arbitrations in the construction space under domestic rules. 

We act in new and cutting edge matters including as counsel in an ICC arbitration seated in Hong Kong concerning a high tech nano battery supply contract.  The arbitration agreement in the supply contract was silent as to governing law and the tribunal was asked in a jurisdictional challenge to decide between New York and Hong Kong law. On this hinged whether a non-signatory to the supply contract (NYSE listed parent of the purchaser) could bring substantial claims in the arbitration against the Korean supplier. In another recent case we successfully opposed a challenge to an arbitration agreement.  This was the first time that the Hong Kong High Court had required an unsuccessful challenger to an arbitration agreement to pay indemnity costs, the highest available basis: Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd HCA 2416/2016.

Our team has particular experience with Mainland China-related disputes, acting as co-counsel in CIETAC arbitrations on the Mainland and successfully obtaining and enforcing awards there and advising on enforcement in Hong Kong and abroad.

 

 

CONTACT

Darren FitzGerald

Managing Partner
T: +852 3197 0091

Jonathan Gray

Consultant
T: +852 3197 0091