The Legal 500

Herbert Smith LLP’s renowned disputes practice is advising UTFE as the plaintiff in relation to a substantial claim for breach of a number of warranties following the acquisition of a Hong Kong-listed company. Valued at HK$200m, the highly complex litigation involves seven separate claims and has raised issues regarding enforcement against a BVI-registered company. ‘Highly recommended’ May Tai is the key contact in Shanghai and works in close co-ordination with Hong Kong partners Mark Johnson, Gavin Lewis and Justin D’Agostino.

Led by Peter Wang in Shanghai, Jones Day’s practice is deemed ‘value for money’ and ‘very competent with good industry knowledge and experience of litigation in China’. The recent addition of Horace Lam in Beijing from Hogan Lovells International LLP is a coup on the IP disputes side, and Ashley Howlett in Beijing is ‘highly recommended for construction and litigation’; his ‘competence level is extremely high and he has a lot of relevant experience’. The group is advising a number of US clients on FCPA-related investigations, due diligence, and compliance work relating to activities in China. It is also advising Australian mining companies Mt Gibson Mining and Koolan Iron Ore Mining on the enforcement of a $130m Australian arbitration award against Rizhao Steel in Shandong. Shanghai-based Michael Vella and Beijing-based Victor Chang are recommended.

Allen & Overy LLP’s ‘very capable’ group acts for a number of international companies and has recently increased its remit of Chinese clients. Recent highlights include acting for an international bank in bringing a claim under the Germany-Sri Lanka Bilateral Investment Treaty (BIT) against Sri Lanka for failing to observe obligations in an oil hedging agreement between the bank and a state-owned oil company. It is also acting for an international bank in relation to a dispute arising from a credit agreement; the intended borrower was a Thai-listed company. Other active areas include contentious regulatory investigations and tax disputes. Peter Thorp is the Beijing and Shanghai managing partner.

Baker & McKenzie’s practice spans corporate and commercial litigation, arbitration, restructuring and insolvency, China-related matters and product recall and liability. It also covers compliance and regulatory issues and investigations, including a recent instruction to co-ordinate the Asia Pacific aspects of a global investigation into the business practices of a multinational trading business. Other work includes dispute resolution and strategic positioning for a leading US-listed consulting services group in the region. Gary Seib in Hong Kong leads the practice, which includes Beatrice Schaffrath in Beijing and Michelle Gon in Shanghai.

Clifford Chance LLP’s specialist skills include regulatory, business crime, IP and arbitration. The combined Hong Kong and China group recently acted for FTI Consulting as liquidators of the Moulin Group in the large audit negligence claim brought by Moulin Global Eyecare Holdings and certain subsidiaries against KPMG. It is also acting for LFT, a subsidiary of Li & Fung, in a judicial review of the decision by the Commissioner of Inland Review not to grant unconditional holdover of tax, pending an appeal. In Beijing, Patrick Zheng has significant expertise in international dispute resolution, particularly arbitration and alternative dispute resolution.

DLA Piper’s key China practice is led by office managing partner Roy Chan in Shanghai and Sammy Fang in Beijing. It regularly handles key mandates relating to contentious investigations, major shareholder disputes between global players and their Chinese counterparts, and product liability. The practice has been growing its securities class action capabilities and recently assisted US-listed Chinese company Oriental Paper in a US securities class action arising from attacks against its shares by short sellers in the US market, and various allegations concerning the credibility of its financials.

Freshfields Bruckhaus Deringer regularly receives high-profile instructions, such as recently acting for a global British power systems and services company on an internal investigation into wrongdoing by a number of employees. Other highlights included completing an internal investigation for a leading green energy supplier in China after the HKSE received a complaint alleging corruption against the CEO and his brother. Hong Kong-based Richard Chalk heads the practice, and Peter Yuen divides his time between Hong Kong and Beijing.

‘One of the best international firms for China-related dispute resolution’, Hogan Lovells International LLP has eight fee-earners in Shanghai and Beijing working closely with the firm’s Hong Kong office. Shanghai-based counsel Eugene Chen is valued for his ‘direct experience in US litigation and Chinese language ability’, in addition to his ‘unique and precious understanding of Chinese culture’. Also in Shanghai, Terence Wong is renowned for his construction-focused expertise. The firm is representing Taishan Gypsum in the highly publicised, high-risk lawsuits filed in multiple federal and state courts in the US regarding allegedly defective drywalls. ABB Group is instructing it on several major litigation matters across Asia.

O’Melveny & Myers LLP’s ‘efficient, proactive and knowledgeable’ team is led by Friven Yeoh, who ‘epitomises these skills’ and is ‘a pleasure to work with’. The team gives an ‘excellent performance on fast actions’ and is ‘very experienced’. Beijing-based Fu Yu is recommended for ‘making good and sound judgements’. Recent highlights include representing Giant Interactive, a Chinese gaming company, in a securities class action alleging that its IPO offering prospectus failed to disclose certain information. Further, the firm is acting for Rexam in an expropriation dispute with Shanghai authorities after it was forced to relocate its manufacturing plants, and is representing China Agritech in a US securities litigation. Other achievements include successfully settling two commercial disputes in the US for Midea Group and its subsidiaries.

The key partners at Deacons are Hong Kong-based Franki Cheung. Recent instructions include acting for a Taiwanese party in a $10m shareholders’ dispute relating to a sino-foreign joint venture commercial property development and management in Shanghai. A NASDAQ-listed corporation in Beijing recently instructed the team on the enforcement of a CIETAC arbitral award of over RMB140m against a listed Hong Kong company, while other highlights included acting for a leading US toy manufacturer against its PRC supplier in a RMB150m supply contract dispute.

Gide Loyrette Nouel A.A.R.P.I.’s practice spans a variety of contentious matters, with a particular focus on arbitration and IP litigation. One of the firm’s key clients is Ralph Lauren, which it has recently been advising on infringement and competition matters. Zhen Huang and Zheng Yu are recommended.

Mallesons Stephen Jaques’ recent highlights include advising Asiaray on its regulatory engagement strategy, in connection with court proceedings in China seeking damages for breach of contract. It also acted for a major entertainment company in the enforcement of a Hong Kong court judgement in China - the first such judgement in history. It advised Instead Healthcare on a shareholders’ dispute over a manufacturing plant in China. Other clients include major US banks and real estate entities. Lead partners in Beijing include Nicolas Groffman, and the Shanghai office includes Martyn Huckerby. In Hong Kong, David Bateson ‘has a sure touch’ and is ‘decisive and fair’.

At Norton Rose LLP, Jim James is widely reputed for shipbuilding, shipping and ship-mortgage enforcement matters. The firm’s combined Hong Kong and China practice is acting for a major US supplier listed in Hong Kong on two sets of CIETAC arbitration proceedings following non-payment for shipments of defective off-road vehicles supplied by a PRC manufacturer for the US market. Other work includes advising various investors, including major private equity funds, on rights and remedies in relation to defaults of term and convertible loans by the portfolio company.

Recommended for ‘high-quality advice at reasonable rates’ and its ‘international experience’, Pinsent Masons recently advised China ENFI Engineering Corporation on ICC arbitration relating to a sulphuric acid plant in Africa. It also acted for China National Overseas Engineering Corporation in a dispute over a water transfer scheme in South Africa. China Machinery Engineering Corporation (CMEC) instructed the group on an injunction action by a Singapore-listed company to restrain insolvency proceedings by a Chinese state-owned company. The practice is headed by ‘experts’ expert’ John Bishop who is ‘one of the best in China’, and Hew Kian Heong, who is ‘very professional with a wealth of experience’.

Sidley Austin LLP’s combined China and Hong Kong practice has been acting for a mineral trading company in a dispute with an Indian supplier, and for a Taiwan-based respondent in an ICC arbitration to contest a multimillion-dollar claim under a loan agreement. Litigation highlights included acting for a fund to enforce two multimillion-dollar ICC arbitral awards against an African sovereign state. Henry Ding is the key partner contact in Beijing, while Hong Kong and Singapore-based Yang Ing Loon is recommended.

Barlow Lyde & Gilbert’s practice operates out of Hong Kong but carries out substantial PRC work. The firm recently advised Pauls’ Model Art (PMA) on its dispute with manufacturers for the completion and delivery of moulds and line toolings for the manufacture of model cars. For KPMG, it defended allegations of negligence arising out of its audit of Moulin Global Eyecare. David Smyth heads the group, which also includes Tom Ffyfe and Richard Keady.

Linklaters’ team is based out of Hong Kong and is recommended for finance-related disputes. Marc Harvey heads the practice, which includes renowned practitioners Tom Lidstrom and Melvin Sng.

Mannheimer Swartling’s practice is led by Nils Eliasson in Hong Kong and Shanghai, and is integrated with the firm’s global arbitration practice, benefiting from expertise in the firm’s Stockholm, Frankfurt and Moscow offices. The team frequently handles complex disputes both in China and internationally.

Orrick, Herrington & Sutcliffe LLP’s practice includes IP litigation specialist Xiang Wang. It recently advised a consortium of private equity funds on enforcing security; this was based on alleged breaches of various transaction documents concerning a real estate investment in PRC. Ford appointed the firm as arbitrator to help resolve IP issues related to the $1.8bn acquisition of Volvo from Ford by Zhejiang Geely Holding.

Paul Li heads the team at Simmons & Simmons representing Société Générale in defending a claim by a tycoon alleging misrepresentation by a member of its staff. It is also acting for Ernst & Young against the beneficiary of a trust set up by one of its service companies, alleging dishonestly assisting breach of duties.

Bryan Cave LLP’s practice is led by Peter Chow and acts for a number of Chinese state-owned enterprises.

Clyde & Co has a strong global practice, handling matters including IP and IT litigation, product liability and banking and finance disputes.

Holman Fenwick Willan LLP’s Shanghai office handles matters including international commercial maritime law and other shipping disputes. The practice covers litigation, arbitration and mediation across a number of jurisdictions.

Mayer Brown JSM’s China team handles general commercial litigation, as well as arbitration and matters relating to employment, product liability, securities and white-collar and civil fraud.

Brenda Horrigan is the key contact at Salans, which provides ‘excellent, efficient and prompt responses’ and ‘in-depth analysis and pragmatic advice’. Clients include Petrokazakhstan, a Canadian subsidiary of the Chinese National Petroleum Company (CNPC).

Stephenson Harwood & Lo has advised on a number of cross-border disputes, and recently acted for the administrators of the contested estate of Chinese billionaire, Nina Wang, in a highly publicised wills dispute.

Vinson & Elkins L.L.P.’s practice includes Nicholas Song in Beijing, who has advised on international arbitrations under various institutional rules. Hong Kong-based Christopher Walker heads the combined group.