Businesses large and small are all exposed to the risk of potential claims and disputes. These contentious situations can be a drain on resources, management time and impact on business reputation.
International clients rely on our team of dispute resolution lawyers to handle their disputes efficiently and effectively. The core strengths that differentiate Mallesons from our competitors lie in our team’s exceptional legal expertise combined with our team’s dedication to understanding our clients’ business and industry practice. Together with our clients, we work to develop innovative strategies for managing disputes with a view to minimising the negative impact of disputes.
Our team has specialised industry knowledge and is experienced in handling disputes across a wide range of industries, including in relation to projects, construction, financial services, insurance, infrastructure, commercial, telecommunications and joint ventures. Our team’s bilingual capabilities assist with managing disputes across the Asia-Pacific region.
We have an exemplary track record of advising multinational corporations, their directors and officers, investment banks, financial intermediaries, accountants, financial advisers and prominent individuals.
In 2010, we continued to build our market profile and reputation by participating as lead sponsor in the Hong Kong International Arbitration Centre’s 25 Year Anniversary Conference.
Examples of our recent experience include:
Banking and financial services regulatory
Acting for the Hong Kong Association of Banks, Task Force and Individual Banks in respect of the regulatory and civil liability arising from Lehman Bros financial products. This included acting for the Task Force of HKAB in the Legislative Council Inquiry, regulatory investigations and potential civil actions by investors over the alleged mis-selling of Lehman structured products
Advising the Hong Kong Association of Banks on setting up the Financial Resolution Centre for consumer banks disputes
Advising banks and licensed individuals in respect of SFC and HKMA regulatory investigations including allegations of mis-selling and breach of Code of Conduct
Advising distributor banks on civil actions by retail investors relating to structured products.
Commercial disputes
Acting for a Japanese contractor against its joint venture partner in a multi-million dollar dispute concerning the second Bangkok International Airport and successfully maintaining the claims in arbitration
Advising on issues relating to a shareholders’ dispute involving a minority shareholder petition for a compulsory buying-out order
Acting for a major US bank on an arbitration in HK concerning a real estate project in the PRC
Acting for a PRC state owned enterprise in an arbitration in Hong Kong conducted in Chinese concerning cooperation agreements in PRC outbound investments
Advising on investigations by the Financial reporting Council
Acting for Danish manufacturer in arbitration against a PRC supplier.
Commercial fraud
Acting for the controlling shareholders and directors of a listed company defending their interests in false accounting and fraud charges following SFC investigations and Commercial Crime Bureau arrests
Advising Australian listed company on ICDC investor arbitration.
Construction/Infrastructure Disputes
Insolvency
Advising the creditors of a private company (which was the majority shareholder of listed company) in the winding up proceedings, including appointing a provisional liquidator, obtaining an injunction order, pursuing the winding up proceedings, advising on the issues relating to dividends and breach of fiduciary duties by the directors
Advising the liquidators of a multi-million dollar insolvency of a jewellery business in Hong Kong.
Insurance
Defending local professional firms on professional indemnity claims - clients include architects, brokers, accountants, financial advisers.
Taxation