The global interest in Asia and, in particular, inbound investment to China has led to a significant increase in Hong Kong being the selected forum to resolve disputes by arbitration.
Highly experienced lawyers from our leading International Arbitration Practice regularly advise clients in all aspects of arbitration, including drafting of the dispute resolution mechanism in the contract, establishing the tribunal, conducting the arbitration and managing the enforcement/setting aside of arbitral awards.
Tanner De Witt regularly works with its clients to navigate complex, cross-border and high-value arbitrations. Our clients arise from a variety of sectors including finance, joint ventures, M&A, pharmaceuticals, technology, gaming and hospitality.
We work on both domestic and international arbitrations in Hong Kong under the most used arbitration forums, including several administered by the Hong Kong International Arbitration Centre (HKIAC), China International Economic and Trade Arbitration Commission (CIETAC), International Chamber of Commerce (ICC), London Maritime Arbitrators Association (LMAA), the core legal body of the UN system in the field of international trade law, United Nations Commission on International Trade Law (UNCITRAL).
We advise a range of clients across different industries and we advise on:
- Negotiation of arbitration clauses
- Pre-arbitral negotiations in a dispute
- Selection of arbitral tribunals
- Enforcement action
- Arbitration funding
- Represented a custodian in a multimillion-dollar dispute involving a dispute that encompassed allegations of default, injunctions, arbitration clauses, breaches of regulations, and the transfer of pledged shares and successfully defended the claimant’s claims in the HKIAC arbitration and ongoing High Court proceedings.
- Advised a claimant in an arbitration in Hong Kong for enforcement of a personal guarantee in relation to a share purchase agreement. Asset freezing injunction and receivership applications in Hong Kong, Singapore and the British Virgin Islands were involved in aid of the arbitration.
- Successfully represented the claimant (who is an individual in the gambling industry) in an ICC arbitration.
- Acted for the client of a stockbroker in a contract dispute before the HKIAC.
- Acted for a Dutch IT services company in a dispute concerning a non-competition clause. This is an HKIAC arbitration case.
- Represented an international jewellery brand in a multi jurisdiction arbitration concerning a franchise agreement.
- Acted for two major international banks involved in an arbitration between a UK-based private equity firm and a well-known hospitality group in China.
- Represented a major offshore investor in an arbitration in Hong Kong against another offshore company for breach of shareholders’ and note holders’ agreement concerning US$20 million.
- Acted for the claimant in an HKIAC arbitration in claiming against a brokerage firm for unauthorized withdrawals of funds in breach of mandate.
- Acted for the claimant in an arbitration in Hong Kong governed by New York laws involving complex issues of funds.
- Acted for the respondent in an arbitration in Hong Kong relating to a service agreement about provision of multimedia services and a debt conversion agreement.
- Acted for a prominent Hong Kong based construction company in an arbitration with its employer in construction disputes.
- Assisted in applying for interlocutory measures in Hong Kong courts in aid of the arbitration in fear that any award obtained by the London team in the arbitration might remain unsatisfied.
- Acted for the respondent with counterclaims in an ICC arbitration relating to a breach of a sale of goods agreement.
- Acted for a PE fund in arbitration proceedings administered by the HKIAC in relation to claims against another PE fund managed by a well-known investor for over US$20million. We also successfully obtained an injunction in aid of arbitration proceedings and instituted contempt proceedings against the debtor.
- Defending a global pharmaceutical company against a US$70 million claim brought by a Mainland distributor in arbitration proceedings administered by the HKIAC. The relevant contracts were governed by New York law and we liaised with New York counsel to successfully defend the multiple allegations.
- Acting for a shareholder of a SGX-listed company in a HKIAC arbitration against other alleged shareholders concerning the trustee-manager .
- Represented a UHNWI in obtaining a Mareva injunction in aid of ongoing arbitration proceedings in Singapore in relation to shares of a company listed on the NYSE.