CIETAC (China International Economic and Trade Arbitration Commission) arbitration - more than $US50 million dispute
Our lawyers advised a Brazilian supplier of mineral products about a claim by a Chinese trader. The amount in dispute was more than US$50 million. The dispute was referred to arbitration in Beijing and administered by CIETAC (China International Economic and Trade Arbitration Commission). The Brazilian client is one of the largest suppliers in the world of the particular product. The Chinese trader is one of the largest dealers in the product in mainland China. The combined expertise of the Brazilian and Chinese lawyers together with our expertise in international arbitration assisted the client in resolving the dispute satisfactorily.
ICC arbitration, Shanghai - over $US32 million dispute
We acted for the developer of one of Shanghai’s most luxurious residential/golf developments, in an ICC arbitration against its former contractor for breach of contract. The amount in dispute was over US$32 million. The matter was special because it was one of the few Shanghai projects governed by ICC arbitration (as opposed to CIETAC arbitration). The case was settled without full arbitration proceedings.
Hong Kong financial and securities investigations
Post Sarbanes-Oxley, business accounting practices and directors’ conduct are increasingly being called into question. Our lawyers have extensive experience of dealing with Hong Kong’s Securities and Futures Commission, the Hong Kong Stock Exchange, the Commercial Crime Bureau and our financial advisers and reporting accountants. This enables us to assist our clients to manage business disruption and preserve operational capacity and reputation issues during investigations.
We have assisted in many disputes involving multiple cross-claims and cross-jurisdictional issues in winding-up proceedings.
Civil and regulatory liability
We have assisted clients in connection with licensing and reputational issues as a result of alleged market misconduct. Some of these disputes have also included cross-border insolvency and novel regulatory and jurisdictional issues.
International commercial and white collar crime investigation and prosecution
We acted for the senior officers of a regional listed finance and securities group accused of embezzlement following the collapse of the group during the Asian financial crisis. The dispute involved governmental lead investigations and prosecutions in Hong Kong, Thailand, the US and the UK and lead to the first ever UK-Thai extradition proceedings. Our clients were completely exonerated by the English Courts of Appeal and the group’s reputation restored with financial markets and successive governments.
Our lawyers acted for Hong Kong’s largest medical services group in defending a hostile takeover lead by the CEO of the group’s medical services division. The shareholder profile of typical Hong Kong listed groups makes takeover activity of this kind infrequent. We worked with the group on defensive and tactical litigation strategies. Our team successfully defended the incumbent board in litigation and prevented the takeover of the group.
Mediation on the world’s largest current reclaimed landscaping project
We acted for one of Hong Kong’s largest contractors in a HK$400 million mediation against the Hong Kong Government over the world’s largest current reclaimed landscaping project. Our lawyers assisted our client to achieve a satisfactory settlement - approximately two-thirds of its claim within a few months. Generally these types of complicated dispute require one to two years of arbitration.
We acted for an international construction, engineering and telecommunication company in court claims against the Hong Kong Government arising out of the company’s design and installation of this world-class facility. The matter was special because the government was relying upon a specially drafted clause in this one-off contract, to try and deny liability in all but a relatively small amount. The case was settled without a day of trial. We persuaded the government - within an internal mediation procedure - that it was contractually wrong.
Taiwan high speed railway - combined conciliation and adjudication proceedings
We acted for a Japanese-Taiwanese consortium in one of the first combined conciliation and adjudication proceedings in the world. The dispute concerned the Taiwan high speed railway. The amount in dispute was NT$3 billion, and was a test case for many of the other packages on this multi-billion dollar project. We have now been consulted by a Canadian contractor in a multi-million dollar arbitration as part of the same rail project. We also advised two of the consortia to the Taiwan high speed railway.
US$150 million arbitration on a hydro-electric project (Philippines)
We are acting for an international turnkey contractor in an ICC arbitration involving approximately US$150 million of disputes arising out of a hydro power project in the Philippines
The turnkey contract was governed by Philippines law whilst the arbitration was subject to Singaporean law. The arbitration is being held in Melbourne, and Australian procedural law applies to certain aspects of the arbitration. The matter has also involved proceedings before the Philippines court.
Dispute against cigarette manufacturer for a project in the Philippines
Our lawyers act for an international contractor over disputes with a major cigarette manufacturer arising from construction of a cigarette factory in the Philippines. Enormous sums are involved and almost every aspect of construction law is involved. Negotiations are under way and if unsuccessful, a major court action in Hong Kong will commence.
Thailand: large transportation infrastructure dispute
We are acting for a Japanese international contractor in a termination dispute with a concessionaire on a large transportation infrastructure project based in Bangkok. The matter is special as it is a highly political project with the concessionaire’s counterclaim against our clients exceeding our client’s US$18 million claim. We are working closely with local counsel. We have successfully defended a challenge from the Thai defendant to have the proceedings transferred to the Thai Lower Court.
Thailand - enforcement of ICC arbitration award
We are acting for a major foreign contractor who is enforcing a large ICC arbitration award in Thailand (Civil Court). The matter is special because this is the first such enforcement, and involves evidence on our client’s behalf by one of our arbitration partners David Bateson, and all three arbitrators.
Distributorship dispute, South Africa
We act for the world’s largest manufacturer of lever arch file mechanisms and associated file mechanisms in a dispute with its South African distributor. The case involves working closely with South African counsel to ensure the business, reputation and intellectual property are protected, as well as to recover sums due to our client from the distributor.
“Of the Australian firms, Mallesons possesses the widest-reaching Asian practice and benefits from long-standing offices in both Hong Kong and Beijing…”
Chambers Asia 2008