2010年10月11日星期一

Dispute Resolution: International & Hong Kong Law: China/Hong Kong

Dispute Resolution: International & Hong Kong Law: China/Hong Kong

HK Law firms are eagerly working with HK banks to cover up banks mis-selling frauds.

Due to the number of tables in this section, the editorial is in alphabetical order by firm name.

Allen & Overy LLP
THE FIRM A&O's corporate and financial institution clients provide a broad range of disputes for this team. The Hong Kong-based team is known for its work on banking litigation and regulatory disputes. The PRC offices are also primarily engaged in contentious matters in the financial sector, including derivative disputes. The PRC team advised a major Chinese bank on its obligations under a refund guarantee in relation to 11 shipbuilding contracts between Chinese shipbuilders and overseas shipowners.

Sources Say: "The lawyers are well versed in strategy and really know what they are doing."

KEY INDIVIDUALS Peter Thorp is the Beijing office's managing partner and "a solid performer," particularly in arbitration proceedings. Angus Ross is one of the principal litigators in Hong Kong, and clients describe him as "a calm, collected and efficient communicator." Respected commercial disputes lawyer Simon Clarke joins the firm from Mallesons in June 2010, and is admired for being "a diligent and combative lawyer, and a good team member to have on side."

Clifford Chance LLP
THE FIRM Clifford Chance was an early entrant into the PRC, and its Mainland China offices complement a market-leading Hong Kong presence on contentious aspects of corporate and finance transactions. The Hong Kong office is best known for its regulatory and contentious banking work; the team followed up its high-profile work on the RREEF fraud matter with the representation of Golden Screen in a major joint venture shareholder dispute. Other quality clients include PCCW, Shell and Morgan Stanley.

Sources Say: "An active, high-quality and respectable resource." "A market-leading firm on account of its excellent quality, high-calibre work and rapid turnarounds."

KEY INDIVIDUALS Market sources respect Brian Gilchrist for being "a stout opponent and civilised operator, with an enviable reputation in general commercial litigation." "Highly incisive litigator" and regulatory expert Martin Rogers enjoys "a deservedly formidable reputation" in town, and is credited with taking the practice forward to the position it now occupies in the market.

Deacons
THE FIRM It was an interesting 2009 for Deacons, following the merger of the Australian side of the firm with Norton Rose. This leaves the Hong Kong office as an independent entity, and market sources are watching keenly to assess the impact this will have on what has historically been a highly profitable enterprise. Its traditional strengths lie in insurance and smaller local disputes. Work highlights include acting for a senior investment bank executive to counter allegations of insider trading, and advising on issues connected with the Lehman Brothers minibonds.
Sources Say: "Expedient and high-quality advice across a broad area of law."

KEY INDIVIDUALS Robert Clark is admired for his "fluent command of the law; he is great to have on side in really tough and complicated disputes." Trilingual general commercial litigator Joseph Kwan is visible on a number of law society panels, and is "a sound and proficient choice of solicitor." In addition to general commercial disputes, Richard Hudson has proven expertise in contentious insolvency matters. Clients speak of his "high-quality advice and willingness to discuss and clarify the situation before acting."

Linklaters
THE FIRM In the PRC this UK magic circle firm builds on a sound corporate and finance client base to assist clients when deals turn contentious. It recently acted for Big Four accountancy firms on an inspection of audit engagements in China, and continues to count COSCO and HSBC as clients. The Hong Kong office has a particular profile in financial services and regulatory work. It has acted for Ernst & Young on an alleged auditor negligence action; other clients include Merrill Lynch, GDF SUEZ and HSBC.

Sources Say: "Faultless service and comforting bench strength."

KEY INDIVIDUALS Joint managing partner and China head of litigation Marc Harvey wins considerable recognition for his "insightful and sharp strategic thinking; he intuitively understands where clients are trying to get to." "Capable and flexible,"Melvin Sng is a recognised presence, especially in contentious regulatory and restructuring work. Beijing-based counsel Chen Jiyuan is the main contact for enquiries.

Mallesons Stephen Jaques
THE FIRM This firm has done much to shake off its reputation as a construction-dominated outfit, and its involvement in high-profile disputes, including banking and regulatory work, is testimony to this development. The practice has responded appropriately to the loss of practice head Simon Clarke to Allen & Overy, with the recruitment of barrister and arbitration expert Neil Kaplan.Recent work includes acting for a number of banks on disputes relating to alleged mis-selling, and for a Japanese contractor on a construction dispute concerning Bangkok airport.

KEY INDIVIDUALS Paul Starr is "a proficient and sound tactician" who divides his time between construction and general commercial disputes.

Mayer Brown JSM
THE FIRM This practice is one of the longest-established in Hong Kong, celebrating its 147th year of involvement in some of the territory's most notable local disputes. It recently acted for the Hong Kong Hospital Authority on a judicial review application concerning childbirth hospital fees. Other clients include Bank of China (Hong Kong), the Hong Kong Jockey Club and Swire Properties. Now part of Mayer Brown, it is particularly respected for its large and committed disputes team, and for having little of the lawyer transiency that can dog some international firms in Asia.

KEY INDIVIDUALS The "efficacious and highly impressive"Nicholas Hunsworth heads the dispute resolution practice and is considered "wholly worthy of recognition as one of the strongest operators here."Jacob Tse is a frequent sight in medical and hospital matters, and is admired for his "methodical and persistent approach."

Wilkinson & Grist
THE FIRM This 150-year-old commercial litigation outfit acts for some notable players, particularly in the finance industry, including Grant Thornton Hong Kong and The Bank of East Asia. It also acts on proceedings related to the Nina Wang matter.

KEY INDIVIDUALS Senior partner John Budge is the practice head, and wins market recognition for being "an aggressive litigator but also a fair and reasonable communicator." Insolvency and disputes expert Keith Ho has had a busy year with the Nina Wang work.

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