Kevin Warburton

Partner

 

Kevin is a partner in our Disputes Practice. He is also Head of Arbitration. His practice focuses on arbitration, litigation, regulatory investigations and inquiries, data privacy and alternative dispute resolution mechanisms. Chambers Asia Pacific 2021 recognised the Dispute Resolution team as “formidable line-up,” noting that it has “extraordinary strength in depth.” 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.

Kevin and his team are frequently engaged on domestic and international arbitrations with a Hong Kong nexus. These include arbitrations administered by the HKIAC, LCIA, CIETAC, the ICC, and pursuant to the UNCITRAL rules.

Kevin’s commercial litigation practice includes advising clients on high-value and complex cross-border disputes. Kevin is qualified in Hong Kong and English law and is able to advise on litigation matters in both jurisdictions. Many of Kevin’s matters also involve litigation in other jurisdictions, working with local counsel. For example, Kevin has recently acted as global coordinating counsel for clients defending proceedings in multiple jurisdictions, including Hong Kong, England and Wales, Jersey, New York and Singapore.

In addition, Kevin advises on both internal investigations as well as investigations and inquiries by regulators in Hong Kong (e.g. SFC, ICAC, Communications Authority, Competition Commission) and overseas (e.g. UK SFO and FCA as well as various US agencies including the DOJ, OFAC and others). He provides clients with strategic advice on data breaches and cybersecurity issues and represents clients in enforcement actions, regulatory inquiries, investigations or litigation that may follow.

 

 

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.
  • 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 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 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 major global bank in response to investigations by various UK, US and Hong Kong-based regulatory and law enforcement agencies in relation to alleged sanctions violations.
  • 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.

 

  • Law Society of Hong Kong
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