Next Generation Partners

Dispute resolution: Litigation: foreign firms in China

Baker McKenzie FenXun

Baker McKenzie FenXun advises on a broad range of disputes, including banking, shareholder and property-related litigation, and complex family conflicts. Clients notably benefit from the joint operation’s ability to advise on both international and PRC laws through its integrated platform. Simon Hui leads the firm’s investigations, compliance and ethics, and dispute resolution team in Shanghai; he has longstanding experience of handling major disputes, as well as regulatory matters such as anti-corruption, unfair competition, and supply chain management-related issues. In Beijing, recently promoted counsel Hailin Cui focuses on China-related arbitration. Over in Hong Kong, Cynthia Tang, who acts in domestic and global litigation, along with regulatory enforcement work, heads the dispute resolution group for the firm’s Hong Kong and China offices, and Kwun Yee Cheung is an insolvency and commercial litigation specialist. Other key litigation partners in Hong Kong are Bryan NgGary SeibRoberta Chan and Ronald Sum.

Responsables de la pratique:

Cynthia Tang


Autres avocats clés:

Simon Hui; Hailin Cui; Kwun Yee Cheung; Jannice Lau; Bryan Ng; Gary Seib; Roberta Chan; Ronald Sum


Les références

‘Very experienced in big commercial and company cases, highly competent staff at all levels, work very hard in clients’ interests.’

‘Jannice Lau works extremely hard, provides excellent client care and nothing is too much for her.’

‘Bryan Ng is highly competent and efficient, and easy to get on with.’

Principaux clients

Lead Success (Hong Kong)


Hawkins Development


Superfine Group


Principaux dossiers


  • Acted for Lead Success, Hawkins Development and Superfine Group in the application for the stay of execution of a judgment against them.

Clifford Chance LLP

Clifford Chance LLP‘s ‘litigation team is absolutely top-notch‘. With longstanding on-the-ground experience in Greater China, the firm’s disputes practice is consistently selected by both corporations and individuals to act in high-value commercial litigation. Representative areas of expertise include shareholder disputes, as well as trust and commercial conflicts that involve cross-jurisdictional issues. Clients further appreciate the firm’s regulatory defence practice’s credentials. IP and technology disputes expert Ling Ho is Hong Kong litigation and dispute resolution head; Donna Wacker is a renowned senior practitioner who handles complex commercial, financial services and insolvency litigation; Soo Khim Keoy is a ‘first-rate litigator‘; and Thomas Walsh is an aviation and insolvency-related litigation specialist. Also in Hong Kong, Michael Wang focuses on banking litigation and contentious regulatory matters, and Jonathan Wong represents financial institutions, investors and multinationals in disputes. In Shanghai, PRC, Hong Kong and New York-qualified practitioner Lei Shi is experienced in PRC-related commercial litigation.

Responsables de la pratique:

Ling Ho


Autres avocats clés:

Donna Wacker; Soo Khim Keoy; Thomas Walsh; Michael Wang; Jonathan Wong; Lei Shi; Cameron Hassall


Les références

‘Clifford Chance’s litigation team is absolutely top-notch, providing top-of-the market services across key areas, such as civil/commercial litigation, financial services, international arbitration, and regulatory/competition matters.’

‘Soo Khim Keoy is a highly knowledgable and skilled strategic thinker, and a first-rate litigator. He provides clients with accurate, digestible, commercially-focused advice, and is a constant force of calm even in high pressure, make-or-break situations.

Thomas Walsh is a highly respected disputes lawyer.

Principaux dossiers


  • Representing the liquidators of a cryptocurrency exchange platform, which went into liquidation following the theft of cryptocurrency assets from the exchange’s hot wallets.
  • Defended a US bank before the Court of Final Appeal against a claim by a former client for reconstitution of its account by excluding wrongful debits.
  • Assisted a client with tackling a fraudulent scheme perpetrated against it, including assisting with the process of recovering listed shares that were pledged to a lender company and put in the custody of two custodian firms as a result of said fraud.

DLA Piper

Acting for both domestic and international clients, DLA Piper‘s ‘very strong team‘ handles a wide range of China-related disputes. Examples include shareholder and director conflicts, regulatory investigations, and disputes involving banking and finance, employment, IP, construction, shipping and cyber fraud. The group is also experienced in handling private client cases. In Hong Kong, Harris Chan, who represents banks, securities companies, listed companies and high-net-worth individuals, is a commercial litigation expert with extensive experience before courts of all levels in Hong Kong; the ‘excellentKevin Chan acts for banking, investment, real estate, insurance and logistics clients in commercial and cross-border disputes; and Satpal Gobindpuri‘s disputes workload frequently contains corporate matters with multi-jurisdictional features. In Shanghai, China international arbitration head Xiaoshan Chen handles international disputes concerning construction, joint ventures, energy and shipping.

Responsables de la pratique:

Kevin Chan; Harris Chan; Xiaoshan Chen


Autres avocats clés:

Satpal Gobindpuri; KC Tai; Sandy Au


Les références

‘DLA China has a very strong team, consisting of experts from different areas.’

The DLA Piper team demonstrates a remarkable blend of commercial and technical litigation acumen.

Their strength lies in their deep understanding of the financial sector and their ability to navigate complex, cross-border matters.

Principaux clients

Profound Success Investment


China Huarong International Holdings


Deloitte Touche Tohmatsu


Dymocks Franchise Systems (China)


Everwill Industrial


Haitong International Securities Group


HK A-Sun


Huatai Financial Holdings (Hong Kong)


Industrial and Commercial Bank of China


MHK Restaurants


OCM APDO Gene Investments Pte


Sand Aire


Stramongate SA


TFI Asset Management


Zhongliang Holdings Group Company


Principaux dossiers


  • Representing Profound Success Investment in relation to the potential restructuring of debts owed to it by Fullsun International Holdings Group Co.
  • Acting for Sand Aire, an investment office, in an ongoing High Court civil action against Jin Zhanjie and Cre8ive Investment for their default in making payment under a settlement agreement.
  • Acting for Chow Sang Sang Securities in relation to defaults under various margin trading accounts.

Herbert Smith Freehills LLP

Herbert Smith Freehills‘ Greater China disputes group covers a broad array of contentious work, including litigation arising from financial services regulatory investigations, insurance disputes, fraud, and restructuring and insolvency issues. The Hong Kong-based team also handles a considerable volume of arbitration-related litigation work, and of particular note, the firm is able to provide PRC legal advice through its joint operation with Shanghai law firm Kewei Law Firm. Commercial and insurance litigation expert Gareth Thomas heads up the Hong Kong commercial disputes practice, which includes Rachael Shek, who is particularly focused on banking litigation, corporate loan recovery work, private wealth disputes, and joint venture and shareholder conflicts. Another key Greater China litigation partner, Jojo Fan is a banking litigation specialist, who is routinely engaged by financial services clients, particularly Chinese banks and financial institutions.

Responsables de la pratique:

Gareth Thomas


Autres avocats clés:

Rachael Shek; Jojo Fan


Principaux clients

UBS


UBS Europe


DBS Bank, Hong Kong Branch


BOCI


Bank Julius Baer & Co


Oasis Investments II Master Fund


BNP Paribas


Chance Talent Management


Cheer Hope Holdings


MMG


Principaux dossiers


  • Defending UBS against proceedings commenced by the liquidators of China Metal Recycling (Holdings) in the Court of First Instance, in respect of alleged liabilities arising from its IPO sponsorship.
  • Successfully defended DBS Bank against a substantial High Court action brought by the liquidators of Galleria (Hong Kong).
  • Successfully assisted Essilor Manufacturing (Thailand) Co in obtaining both domestic and worldwide proprietary and Mareva injunction orders against a total of 88 defendants, in relation to a $210m-plus fraud.

Kirkland & Ellis International LLP

Kirkland & Ellis International LLP‘s team is routinely instructed by clients facing bet-the-company claims across Greater China. Cross-border dispute specialist Tiana Zhang, who has litigation experience in both the US and China, leads the Mainland China litigation practice from Shanghai, where Yue Qiu also acts in cross-border litigation. The Hong Kong practice is co-led by Paul Quinn, who focuses on professional negligence, cross-border claims, insolvency, fraud, directors’ duties, and shareholder disputes; financial disputes expert Amy Ngan, who is ‘always across the detail‘; and Fergus Saurin, a specialist in capital markets, M&A and shareholder disputes, as well as banking and international trade and investment cases. The other key figures are former practice co-head Kelly Naphtali, whose wide-ranging practice covers asset recovery, professional negligence, borrower default, and fund and shareholder disputes; Cori Lable, who leads the investigations and white-collar practice; and Jodi Wu, an expert in internal investigations, compliance and cross-border litigation.

Responsables de la pratique:

Tiana Zhang; Paul Quinn; Amy Ngan; Fergus Saurin; Cori Lable; Jodi Wu


Autres avocats clés:

Kelly Naphtali; Yue Qiu


Les références

Kelly Naphtali, Paul Quinn and Amy Ngan each have different roles and work extremely well together.’

Kelly Naphtali is always on top of the case.’

‘Paul Quinn is very good at drafting’

Norton Rose Fulbright

With ‘the capabilities to handle all aspects of a client’s legal needs‘, Norton Rose Fulbright‘s Hong Kong-based practice handles a range of high-stakes  litigation for regional and global financial institutions. The team also assists with complex family and probate disputes, along with construction-related conflicts. Other areas of strength range from contentious regulatory and white-collar matters, to cyber-fraud cases, injunctions, mis-selling, debt recovery proceedings, and bankruptcy and insolvency-related work. The track record of practice head Camille Jojo includes banking, shareholder and general commercial disputes, contentious trust and probate cases, and insolvency-related litigation, while Alfred Wu is particularly focused on construction disputes. The next line of practitioners showcases the ‘brilliantKevin Hong, who acts in disputes concerning commercial law, M&A and joint ventures, as well matters involving technology, sales of goods, construction, shipping and insurance, and Daniel Ng, who represents banks, financial institutions and corporations in contentious matters.

Responsables de la pratique:

Camille Jojo


Autres avocats clés:

Alfred Wu; Daniel Ng; Anita Fong; Kevin Hong


Les références

‘Norton Rose Fulbright is very much a full-service firm, with the capabilities to handle all aspects of a client’s legal needs. Such ability means a high degree of synergy is created between different practice areas. Furthermore, its global network is vast, which means that clients’ cross-border legal needs can be fully taken care of.

‘They are very reliable and provide professional advice. They always provide strong support in relation to the client’s best interests.’

‘Very responsive in their handling of matters.’

Principaux clients

LAE Technologies Hong Kong


Harbour Plaza 8 Degrees


Harbour Plaza Hotel Management


JSP International


Paloma Company


Principaux dossiers


  • Acted for the Fok Estate in a high-value estate-related dispute.
  • Acted for JSP International in Hong Kong proceedings to trace and recover money that was transferred into bank accounts in Hong Kong (pursuant to a cyber fraud).
  • Acted for Paloma in enforcing a Japan Commercial Arbitration Association award of approximately HK$270m against a company that is listed on the main board of the Stock Exchange of Hong Kong.

Clyde & Co LLP

The litigation practice of UK-headquartered firm Clyde & Co LLP is experienced in managing disputes involving challenging regions, such as Asia, Africa and the Middle East. The firm additionally provides onshore Chinese law capability through its joint law venture (JLV) with PRC firm Westlink Partnership. The disputes practice in China is led by commercial and investment disputes expert Ik Wei Chong, who divides his time between Shanghai and Singapore, while Canming Wang, who specialises in Chinese court work, heads up the JVL’s China litigation offering. Also highly regarded, Nicholas Lum acts in international trade, commodities, shipping and general commercial disputes.

Responsables de la pratique:

Ik Wei Chong; Canming Wang


Autres avocats clés:

Nicholas Lum


Latham & Watkins LLP

Latham & Watkins LLP’s Greater China litigation and trial team focuses on complex multi-jurisdictional disputes, along with high-stakes domestic commercial litigation, arbitration and contentious regulatory matters. Practice chair Hui Xu is particularly focused on multi-jurisdictional, white-collar investigations and litigation, and Dominic Geiser, a summer 2022 partner recruit from Herbert Smith Freehills, is a specialist in contractual, financial and company disputes, as well as conflicts involving investors, shareholders and joint ventures. Promoted to counsel in the firm’s Beijing office in early 2023, Sean Wu acts in disputes concerning fraud, sanctions, and anti-corruption and anti-bribery issues.

Responsables de la pratique:

Hui Xu


Autres avocats clés:

Dominic Geiser; Sean Wu


Principaux clients

Hong Kong Airlines


Sinovac Biotech


Shenzhen Ace Battery Co


Shenzhen Senior Technology Material Co


China Life Insurance (Overseas) Company


China Orient Asset Management (International) Holding


Morrison Foerster

Morrison Foerster‘s ‘solid‘ Hong Kong-based dispute resolution practice is consistently instructed to handle high-stakes, multi-jurisdictional disputes. The team acts in disputes across a range of sectors, including technology, pharmaceuticals, life sciences, energy and chemicals, as well as construction, manufacturing, telecoms, private equity and real estate. Practice head and commercial litigation specialist Timothy Blakely is ‘a true expert in resolving clients' concerns‘, and Chen Zhu is an expert in commercial and securities litigation, along with investigations and defence-side white-collar work. In June 2023, former partner Sarah Thomas departed for an in-house role.

Responsables de la pratique:

Timothy Blakely


Autres avocats clés:

Chen Zhu


Les références

‘A solid team led by Timothy Blakely.’

‘Timothy Blakely is a true expert in resolving client’s concerns, especially in relation to cross-border matters.’

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP has ‘first-class international capabilities for complex, cross-border litigation‘. The practice consistently acts in complex global litigation involving different systems of national law, as well as private and public international law issues. In addition to commercial litigation, the team is particularly lauded for its representation of China-based issuers in US securities litigation. The Hong Kong-based team is headed by ‘standout litigation lawyer‘ and commercial disputes specialist Rory McAlpine. Fellow partner Steve Kwok handles first-instance trial and appellate litigation in US federal and state courts, along with US regulatory enforcement matters.

Responsables de la pratique:

Rory McAlpine


Autres avocats clés:

Steve Kwok


Les références

‘Skadden has first-class international capabilities for complex, cross-border litigation.’

‘Led by highly experienced partners, with cohesiveness between offices, and supported by a team of lawyers with multi-lingual capabilities.’

Skadden is a litigation powerhouse.

Principaux clients

Grandview Private Trust Company


RLX Technology


58.com


360 DigiTech


Hun Yang Investments (Hong Kong)


Wingon International


Jianpu Technology


Pintec Technology Holdings


COFCO


Kanzhun


NIO


LexinFintech Holdings


DiDi Global


Baidu and iQiyi


KE Holdings


9F Inc


MINISO Group Holding


Grab Holdings


Missfresh


Gaotu Techedu


17 Education & Technology Group


New Oriental Education & Technology Group


Evenstar Capital Management


Petrobras


Jones Day

Jones Day‘s China-based disputes team routinely acts in litigation before Mainland China’s courts (through local counsel), while Chinese clients additionally benefit from the firm’s enviable US and cross-border litigation experience. In Hong Kong, Peter Wang‘s broad practice covers complex commercial disputes, and Samuel Ngo is ‘an exceptionally experienced practitioner‘. IP disputes specialist Haifeng Huang and antitrust expert Qiang Xue both split their time between Hong Kong and Beijing, while in Shanghai, of counsel Lillian He focuses on dispute resolution and internal investigations. At associate level, Liya He assists multinational companies with global disputes.

Responsables de la pratique:

Peter Wang; Lillian He; Haifeng Huang; Qiang Xue


Autres avocats clés:

Liya He; Wilson Sung; Po-Chien Chen; Samuel Ngo


Les références

‘Samuel Ngo is an exceptionally experienced practitioner in this field.’

‘Samuel Ngo brings lots of verve and new ideas to complex disputes. With his vast experience, he also has extraordinary insights into clients’ (and equally usefully the opponents’) real commercial needs.’

Principaux clients

Hangzhou Hikvision Digital Technology Co


Moody’s Corporation


Samson Paper Holdings


Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP‘s experience includes defending large Chinese state-owned banks in critical disputes in the US. On the Mainland, Beijing-based Xiao Liu ‘faces complex situations calmly‘; Shanghai managing partner Haiyan Tang represents China-based companies in cross-border litigation; and associate Yixuan Zhu regularly acts in commercial litigation involving US courts. Other key figures are Hong Kong-based John Rhie and Duncan Watson KC, along with Carey Ramos, who works across the firm’s Hong Kong and New York offices.

Responsables de la pratique:

Xiao Liu; John Rhie; Duncan Watson KC; Haiyan Tang; Carey Ramos


Autres avocats clés:

Yixuan Zhu


Les références

‘Significant, longstanding industry experience with a proven track record in dispute resolution.’

The firm’s global presence and broad internal expertise make it a very good choice for litigation.’

‘They provide a good strategy, and timely updates/analyses of the case’s progression.

Principaux clients

Regor Therapeutics Group


Didi Global Inc


Waterdrop Inc


Pangang Group Company


Pangang Group Steel Vanadium & Titanium Company


Pangang Group Titanium Industry Company


Pangang Group International Economic & Trading Company


TAL Education


CBC Group Investment Management


NetEase


NetEase Information Technology Corporation


Hong Kong NetEase Interactive Entertainment


Amperex Technology


Medytox


Lotte Duty Free Guam


Complete Genomics


Stephenson Harwood

Delivering ‘creative and nimble solutions for complex disputes‘, Stephenson Harwood acts in a range of contentious matters, including corporate, finance, trust, and insolvency and restructuring matters. The team is also able to offer PRC legal advice through its Closer Economic Partnership Arrangement (CEPA) with Guangzhou-based Wei Tu Law Firm. In Hong Kong, Ian Childs acts in complex civil litigation; Ivan Ng is an experienced commercial litigator; Jamie Stranger is another disputes expert; and Emily Li is ‘an excellent junior partner‘. Shanghai-based Evangeline Quek specialises in commercial dispute resolution.

Responsables de la pratique:

Ian Childs


Autres avocats clés:

Ivan Ng; Jamie Stranger; Emily Li; Evangeline Quek; Elizabeth Sloane


Les références

‘Stephenson Harwood has unique insights into the global market, leveraging connections in Hong Kong, Mainland China and elsewhere in the world to offer creative and nimble solutions for complex disputes.’

‘Strongly recommended.’

‘An exceptionally strong team.’

Principaux clients

Purple Surgical UK


Employees of China Shanshui Investment


United Overseas Bank


Dan Form International


Société Générale


OCBC Wing Hang


OCBC


ICBC


Deloitte


PricewaterhouseCoopers


Bank of East Asia


FTI Consulting


Principaux dossiers


  • Acted for over 2,000 employees and minority shareholders of China Shanshui Investment Company in a dispute concerning China Shanshui Cement Group Company.
  • Acted for the administrators of the estate of LSK, in relation to the proposed sale of a mansion house.
  • Acting for Purple Surgical UK, which in May 2020 entered into a sale and purchase agreement to purchase five million 3M surgical masks (which were allegedly never delivered) from the defendants for $27m.

Dentons

Dentons, which in August 2023 severed formal ties with Dacheng Law Offices, has extensive experience in litigation, arbitration and enforcement matters. Civil and commercial litigation specialist Tao Li leads the litigation team from Beijing. In Shanghai, the experience of Huixuan Han includes disputes involving finance, real estate, construction and corporate conflicts.

Responsables de la pratique:

Tao Li


Autres avocats clés:

Huixuan Han; Yanqing Li; Yingying Li; Junming Shi


Les références

Especially good at handling major and complex cases.

The service level is extremely high. Whether it is litigation or arbitration, the team quickly gives feedback.

Meticulously controls the overall progress of the case and the sense of trust brought by the team of lawyers is second to none.

Dorsey & Whitney

With ‘excellent experience in large-scale, cross-border work‘, Dorsey & Whitney LLP represents individuals, business entities and governments in complex disputes. The firm’s Mainland China offices’ litigation practice is led by Ray Liu, whose practice covers both cross-border disputes and US litigation. At associate level, Justin Wang focuses on cross-border commercial litigation.

Responsables de la pratique:

Ray Liu


Autres avocats clés:

Justin Wang


Les références

The Dorsey China dispute resolution team possesses the industry’s top legal professional capabilities.’

‘Rich experience in foreign-related litigation, a flexible and steady work style, and timely and efficient client service capabilities.’

‘Able to minimise the risks and difficulties that clients have to face.’

Principaux clients

China Huarong International Holdings


China Huarong Asset Management Co


Bank of China


China Construction Bank


TikTok Pte


ByteDance


PICC Property & Casualty Company


CITIC Agri Fund Management Co


Longping Agriculture Science Co


Nongfu Spring Co


Changzhou Fusion New Material Co


Risen Energy Co


Risen Energy America


Principaux dossiers


  • Represented TikTok (and its parent company), as lead counsel, throughout the dispositive motion stage of a trade mark and unfair competition dispute.
  • Representing a major overseas investment vehicle and the subsidiary of China Huarong Asset Management Co in a complex commercial dispute in the High Court of Hong Kong over a note purchase agreement.
  • Acted for PICC Property & Casualty Company, as well as a number of its insureds, in a variety of civil actions, product liability litigation and coverage disputes.

Paul Hastings LLP

Paul Hastings LLP‘s China dispute resolution practice routinely handles bet-the-company litigation involving national security issues, export controls, sanctions, data privacy, securities enforcement and regulatory disputes. Hong Kong and Shanghai-based international litigation specialist Shaun Wu is practice chair, and Phoebe Yan in Shanghai assists with internal investigations into bribery and corruption, as well as trade compliance-related investigations.

Responsables de la pratique:

Shaun Wu


Autres avocats clés:

Phoebe Yan