Dispute Resolution
As a global financial center, Hong Kong remains the market of choice for many strategic and operational investments. With the dynamic growth of businesses situated within Hong Kong and others within the region, it is essential for companies to retain the ability to successfully manage disputes and risks to meet strategic and financial objectives. Litigation and dispute resolution remain one of Jingtian & Gongcheng's core practices and we draw upon the extensive experience of our Hong Kong office team to help our clients navigate through complex disputes and related issues.
Notable Experience*
Commercial Disputes and Arbitration：
• Advised the creditor of the largest property developer in China on its causes of action against the said developer over a HK$5 billion loan arrangement.
• Advised the debtor of a Fortune 500 company’s subsidiary on its liabilities in the subsidiary’s liquidation. Over HK$5 billion assets were involved.
• Represented the largest mobile manufacturing company in China (also a Fortune 500 company) in a joint venture dispute. Over RMB 2 billion was at stake.
• Advised a leading global investment bank on the legality and enforceability of an escrow arrangement in a potential winding up situation.
• Advised an investor of a private equity on its right to redemption under the company’s Memorandum and Articles of Association.
• Represented a Hong Kong and China listed securities company to sue a fund and the fund manager for failing to redeem its shares pursuant to the subscription agreement and private placement memorandum. Third party discovery was sought against the parent company of the fund manager in relation to the misconduct of the relevant personnel operating the fund.
• Acting for the majority shareholders of the PRC leading pharmaceutical company in opposing a share repurchase claim by medical investment subsidiaries of a state-owned financial holding group, involving a total amount of nearly RMB 500 million.
• Represented a minority shareholder to claim against the majority shareholders of a leading company in the trade of personal safety and protective equipment for unfair prejudice and winding up of the company on just and equitable ground.
• Represented a majority shareholder to sue a minority shareholder and the managing director of a joint venture company for breach of fiduciary duties and numerous contractual provisions under the Shareholders’ Agreement, Deed of Non-Competition, Assets Transfer Agreement and the Director Service Agreement.
• Represented a Chinese listed company manufacturing mobile phones to defend a claim by a bank in Kuwait for wrongful conversion and receipt of money held on constructive trust for the bank. Mareva injunction application was taken out by the bank against our client for freezing of the amount had and received. The bank’s application was successfully struck out for lack of particulars and evidence.
• Represented a leading European furniture retailer in its claim to recover traceable proceeds of organized online fraud from local and overseas recipients of multiple layers. Proprietary tracing exercise was conducted in collaboration with various banks and the enforcement authorities. Court
orders in aid of tracing were urgently obtained during the General Adjournment Period as a result of the COVID-19 pandemic.
• Represented two Chinese private companies to seek urgent Mareva Injunctions to freeze the assets of a fraudster and the company vehicles employed by the fraudster in the total amount of over HK$100 million both within and outside of Hong Kong. Disclosure order was also sought against the fraudster’ banks for disclosure of transaction records to trace the defrauded money. Arbitrations were also commenced against the Fraudster’s Camp for breach of fiduciary duties, unjust enrichment, fraud and breach of contract.
• Represented an overseas bank to claim against its borrower and the guarantors for default of payment of a loan of HK$100 million. Mareva injunction was successfully obtained to preserve the assets to be recovered.
• Represented a listed engineering company to recover a substantial loan from a developer for their failure to complete a hotel development project in the PRC at the High Court.
• Represented a Chinese listed company in the digital video industry to commence an international arbitration against an Indian company and its guarantor for breach of contract. Pursuant to the arbitration clause, the arbitration was conducted at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with Hong Kong law. Indian lawyers were engaged to provide expert opinion on the validity of the corporate guarantee agreement.
• Represented a leading Italian steel supplier to claim against an Austrian steel trader in an international arbitration concerning a sale and purchase of steel coils transaction. The arbitration was administrated at the HKIAC under Hong Kong law by agreement. An expert witness was engaged to give evidence on causation of damage on the steel coils and market trend of the steel
price in Europe. Obtained the full amount claimed in the arbitral award together with costs on an indemnity basis in the subsequent taxation proceedings.
• Represented two Chinese companies to commence arbitrations in Hong Kong against the Fraudster’s Camp in accordance with the laws of Hong Kong and the Rules administered by the HKIAC. Joinder of a non-signatory to the arbitration agreement (but orchestrator of the fraudulent scheme) was in issue.
• Represented a Hong Kong company to sue a Chinese company for breach of a distribution agreement. Arbitral award was obtained by way of summary procedure together with costs.
• Represented a China state-owned export and credit insurance company to (1) conduct various investigations in Hong Kong in relation to the letters of credit obtained by deception; and (2) interpret the buyers’ and sellers’ respective liabilities under the OEM agreement under Hong Kong law.
• Represented a group of inter-dealer brokers to defend a HK$60 million claim for their breaches of restrictive covenants, conspiracy to cause economic loss, failure to repay discretionary and sign-on bonuses etc.
• Represented the largest tobacco multinational corporation to handle various employment disputes. Claims were all successfully settled without escalating to the Court and/or the Labour Tribunal pursuant to client’s instructions.
• Represented an international inter-dealer brokerage company to obtain an interlocutory injunction against its ex-employees (all assumed senior management roles in Hong Kong) for their breaches of fiduciary duties and restrictive covenants.
• Represented a Hong Kong and China listed securities company and its chairman to sue an ex-employee for defamation and fraudulent misrepresentation. Interim injunction was obtained to restrain the ex-employee from publishing defamatory statements.
• Represented the largest PRC bank to defend seven setting aside default judgment applications in which service of writ, time bar on causes of action and recoverability of interest were in dispute.
• Represented a multinational testing and certification company in defending various professional negligence claims in relation to consumer products.
• Represented a listed company in Singapore in a contractual claim against the main-contractor of the Government for failing to settle the fees for the design, installation and maintenance of the E-Channel.
• Represented the technology development division of a quasi-government organization to claim against a Japanese company for the breach of a patent licensing agreement.
• Represented a listed public utility company in taking intellectual property right protection and enforcement actions against numerous infringing entities in Hong Kong.
Land, building management and tenancy disputes：
• Represented various listed developers in the investigations conducted by the Sales of First-hand Residential Properties Authority regarding various potential breaches of the Residential Properties (First-hand Sales) Ordinance in their promotional activities during the sales campaigns.
• Represented a private land owner company which constructed a large scale columbarium in Lantau Island to sue against the Government for wrongfully exercising its re-entry power pursuant to the Land Grant. Judgment was granted in favour of client together with costs against the Government. The Government subsequently appealed to the Court of Appeal (“CA”). The appeal was dismissed by the CA and the land was repossessed by client for further development.
• Represented a listed developer to defend a claim of misrepresentation in a first-hand property transaction. The Plaintiff alleged that the sales brochure contained misleading statements which caused her to believe that her unit would enjoy the sea view permanently without any obstruction. The Plaintiff’s claim was dismissed by the Court after trial and substantial legal costs was recovered.
• Represented various listed developers to defend numerous adverse possession claims in the New Territories and obtain orders for possession together with costs.
• Represented numerous listed developers to handle disputes arising from the handover of first-hand residential properties. Facilitating early settlement with the purchasers without escalating to court.
• Represented two listed developers to obtain interlocutory injunctions against the protesting crowds who obstructed their right of way to and right to excavate at various construction sites.
• Represented a statutory public corporation to sue the owners of a private lot for wrongful encroachment of some land vested by the Government, which was located on a slope. Adverse possession was raised as a defence against client’s claim. As some unauthorized structures, including a swimming pool and various retaining walls, were built on the encroached area, an interlocutory injunction was obtained compelling the owners to undertake the demolition works. The Defendants admitted liability after complying with the injunction order and delivered possession of the encroached area to client. Substantial legal costs was recovered.
• Represented a private company to seek a possession order upon the expiry of the tenancy term. The tenant alleged that there was an option to renew for another 3 years. Interim payment order was successfully obtained in relation to the mesne profits and summary judgment was subsequently granted.
• Represented the first Real Estate Investment Trust listed in Hong Kong to take numerous distraint actions against the non-paying tenants and enforcement actions to recover unpaid rent and possession of premises in Hong Kong.
• Represented the subsidiary of a listed developer to take numerous enforcement actions against its tenants which had defaulted in paying rent and/or remained as trespassers after the termination of tenancies e.g. obtaining default and summary judgment, issuing writ of possession and fifa combined, applying for distraint warrant etc.
• Represented various subsidiaries of the listed developers to take numerous mortgage actions against the defaulting borrowers under Order 88 of the Rules of the High Court.
• Represented the incorporated owners of an industrial building to claim against (1) the manager of the building for breach of trust and (2) one of the owners of the building for assisting breach of trust and knowing receipt of the misappropriated trust money.
• Acted for a listed leading telecommunication company in a tenancy dispute against the landlord for misrepresentation and wrongful termination of tenancy.
• Acted for the Housing Authority of the HKSAR to deal with disputes with their co-owners and/or tenants in various estates in Hong Kong.
* Includes experience from partners prior to joining Jingtian & Gongcheng.
