Kevin Warburton

Partner

 

Kevin Warburton is a Partner with a practice focusing on arbitration, litigation, regulatory investigations and inquiries, data privacy and alternative dispute resolution mechanisms. Kevin is experienced in advising clients in Hong Kong and overseas, including private and listed companies, financial institutions, high net worth individuals, entrepreneurs and multinational organisations on the following:

  • arbitration proceedings in front of a wide range of arbitral institutions including the HKIAC, ICC, LCIA and other bodies;
  • commercial litigation in Hong Kong and the UK;
  • regulatory and internal investigations in Hong Kong and overseas (e.g. UK, US);
  • matters regarding data privacy and cybersecurity, including in relation to compliance, data breaches and investigations/enforcement.

Kevin read Law at the University of Oxford and completed his LPC in London in 2007 before passing the OLQE in 2019 in Hong Kong. Prior to joining Tanner De Witt, Kevin worked in the disputes, investigations and privacy teams of a Magic Circle firm in their London and Hong Kong offices for 13 years.

 

 

Arbitration

  • Advising a global pharmaceutical company in an HKIAC arbitration involving a multimillion US-dollar damages claim against a PRC-based pharmaceutical distribution company for material breaches of contract.
  • Advising a Hong Kong-based financial institution in an HKIAC arbitration involving a contractual dispute between it, a lender and a borrower. The claim was based on breaches of certain Hong Kong legislation as well as claims in contract and tort.
  • Advising a major Asian shipping company providing marine transportation and other related services worldwide in a series of HKIAC arbitration proceedings against various Respondents in disputes arising out of certain charter parties and related contractual documents.
  • Advising a technology services company in an HKIAC arbitration against a major supplier/trader of coal and related products for various breaches of contract.
  • Advising a Hong Kong-listed energy company in LCIA arbitration proceedings in relation to an indemnity claim for tax liabilities arising out of an acquisition.
  • Acting for a Hong Kong-based private equity manager and fund in parallel Hong Kong court and ICC arbitration proceedings arising from the disposal of a large overseas media licensing and manufacturing company.
  • Acting for a major European television and entertainment company in relation to the settlement of an HKIAC arbitration with a Chinese counterparty, including advising on related anti-money laundering issues.
  • Acting for an aviation and aeronautics company in relation to an ad hoc arbitration regarding certain financing arrangements.
  • Acting for a multinational engineering company in relation to series of LCIA arbitrations regarding various commercial agreements.

 

Litigation

  • Acting for various clients in litigation proceedings in Hong Kong and multiple other jurisdictions involving a multimillion US-dollar claim by a national government and various state owned entities arising out of various transactions and related arrangements.
  • Advising a large listed company in Hong Kong in respect of its status and involvement as an interested party in judicial review proceedings affecting one of its projects.
  • Acting for a Hong Kong-based private equity manager and fund in parallel Hong Kong court and ICC arbitration proceedings arising from the disposal of a large overseas media licensing and manufacturing company.
  • Advising a number of Hong Kong and overseas clients in interlocutory and substantive proceedings in the Hong Kong courts to recover funds defrauded from such clients in email phishing and other attacks.

 

Investigations

  • Acting for a client in respect of the successful defence of charges under the Prevention of Bribery Ordinance.
  • Acting for a high-profile Hong Kong listed company in respect of investigations by the ICAC and SFC into the activities of certain employees, including an internal investigation into the alleged activities.
  • Acting for a major Hong Kong listed company in relation to an investigation by the Equal Opportunities Commission arising from complaint of disability discrimination by a member of the public regarding access to one of their transportation premises.
  • Acting for a large Japanese engineering company on its potential exposure under the UK Bribery Act following allegations of corruption involving a subsidiary in South East Asia.
  • Acting for a global manufacturer of consumer products in relation to the Asia aspects of allegations of global bribery and corruption by the UK SFO.
  • Acting for a Hong Kong-based client in relation to an investigation by the Competition Commission in relation to antitrust allegations.
  • Acting for a major British television and entertainment company in relation to the provenance of certain payments received from China and Hong Kong-based entities in relation to a commercial agreement and the settlement thereof.
  • Acting for a UK computing and software design company in relation to internal investigations arising out of a dispute with its Chinese joint venture partner.
  • Acting for a major global bank in relation to its agreements with various UK and US agencies as a result of a global sanctions investigation.
  • Acting for a multinational engineering company in relation to an investigation into allegations of bribery and corruption conducted by the UK SFO and the resolution of that investigation by way of deferred prosecution agreements.

Writing and speaking experience

Kevin has written articles on important procedural and legal developments in relation to arbitration, litigation and regulatory investigations as well as articles on privacy law in Hong Kong and the implications for clients in the current climate. He has also written book chapters containing overviews of Hong Kong’s court and arbitral procedures, regulatory investigations landscape and class actions regime. He has delivered a number of seminars throughout Hong Kong, China, the wider APAC region and the UK on various litigation, arbitration, investigations and privacy-related topics.

 

  • HKIAC HK45
  • ICC Young Arbitrators Forum
  • International Association of Privacy Professionals
  • Hong Kong Data Protection Officers Club
  • PrivacyRules
  • The Law Society of Hong Kong
  • The Law Society of England and Wales