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Mallesons Stephen Jaques’s ‘good operator’ David Bateson and the very experienced Paul Starr are key to the great reputation of the practice, and clients are impressed with how the lawyers ‘defuse tense encounters and conduct hearings with a deft touch’. The team represented a Japanese contractor in an international arbitration relating to the second Bangkok International Airport and managed to develop Dubai related work as a new area of focus, where the team acted for a contractor in various disputes with the Dubai Government regarding a road interchange construction in Dubai. In another significant deal, Paul Starr advised Leighton regarding a mining agreement negotiation for the operation of a coal mine in Ulaanbataar, Mongolia. Clients note the team produces an ‘excellently drafted and well thought-out report’.

Pinsent Masons can rely on a very loyal client base from across the region, where clients value team members as ‘suitable middlemen in regard of culture interface problems’. The diligent Vincent Connor, Mark Raymont and Peter Borg have the ‘desire to go the extra mile’ and ‘translate legal advice into client action’. In a high profile case, the team advised the governments of Guangdong, Hong Kong and Macau on the $5.6bn Hong Kong-Zhuhai-Macau Bridge infrastructure project. A Japanese consortium relied on the team in their bidding for the construction of the third set of locks at the Panama Canal, where the team demonstrated experience in advising on risk assessment, bidding strategies and anticipatory supply chain arrangements. Long standing clients appreciate the ‘extremely low staff turnover’.

Baker & McKenzie boasts a very strong non-contentious practice, with David Smith advising the authorities in a high value project on the West Kowloon Cultural District (WKCD) development. Hong Kong’s MTR Corporation instructed the team on the planning and design of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link. The non-contentious practice is complemented by a steady flow of contentious work, with Andrew Aglionby frequently advising employers in arbitration proceedings. Disputes arising from energy sector projects is another focus of the broad practice.

The team at Deacons delivers an ‘excellent service’ and clients appreciate the ‘no-nonsense practical advice given’. The group successfully extended its client base beyond Hong Kong and China to markets such as the Middle East, the Philippines, Vietnam and Mongolia. Work highlights include advising a Hong Kong contractor in an international infrastructure project arbitration in the Philippines, and the team also acted for architectural practice Aedas regarding projects in Hong Kong, Vietnam and the UAE. Clients describe Geoffrey Shaw as ‘experienced and efficient in his advice and follow up action’ and the team boasts additional senior expertise in the highly rated KK Cheung.

Mayer Brown JSM enjoys a steady flow of clients instructing the practice on contentious and non-contentious matters, giving credit to the ‘first class’ team of lawyers who impress with a ‘range and breadth of capabilities’. Kevin Owen continues to act for Cathay Pacific Airways regarding its third cargo terminal at Hong Kong International Airport, and advised the Hong Kong Trade Development Council on the Hong Kong Convention and Exhibition Centre extension. Geoffrey Chan and the ‘experienced’ David Boyle focus on contentious construction work in the region, where the team acted for the civil engineering and development department of the Hong Kong government in an arbitration relating to claims arising out of the Pak Shek Kok infrastructure project.

Minter Ellison continues to be reputable for Macau-related work and for representing public sector bodies in disputes, where the team acted for the Hong Kong government in a High Court action against Hong Kong and Yaumati Ferry, seeking compensation regarding the construction of ferry piers. Ian Cocking and Steven Yip advised Matsunichi Communication on the project documentation for its multi-billion dollar hotel, commercial and residential development project in China. The team suffered the loss of partner Brian Downie, but strengthened the group with new arrivals Hilary Cordell and Fiona Connell, who join as consultants. The team was appointed to the West Kowloon Cultural District Authority panel.

Lovells operate a very solid practice under Timothy Hill and are well known in the market for their expertise in construction disputes. The team acted for the Construction Industry Council on the dismissal of an appeal against it by a construction company regarding a levy payable, advised on some pilot projects in Hong Kong, and acted for clients relating to matters in Hong Kong, Macau, Indonesia and the Middle East. The team renders ‘efficient and high quality advice’ to contractors and developers alike and is experienced on the contentious as well as the non-contentious side. Chartered civil and structural engineer and lawyer Damon So was appointed partner in 2009.

Fried, Frank, Harris Shriver & Jacobson LLP in association with Huen Wong & Co is known for the impressive Philip Nunn, with clients ‘treasuring his service’. The experienced disputes lawyer boasts established relationships in the region and focuses on construction and infrastructure advice. Recently, infrastructure projects and contract documentation for new projects were a source of work. However, with Philip Nunn being the only partner of the team, the major part of the workload ‘rests on him’.

Jones Day receives praise for the China-related work and the group’s US client base makes use of a team that is centred on the oil and gas industry. The energy sector has been a constant source of work, and clients rate Beijing-based Ashley Howlett for his ‘timeliness and efficiency’. Howlett represented Chevron in the $1bn gas project in Sichuan, and the team acts for contractors in construction arbitration cases, with the representation of Chun Wo in $12m High Court proceedings a highlight.

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Legal Developments in Hong Kong

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  • Cayman Investment Company Obtains Chapter 15 Protection in the United States

    The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.
    - Harney Westwood & Riegels
  • BVI to update Intellectual Property laws

    As the British Virgin Islands continues to play a vital role in facilitating global trade and investment, it turns its attention to helping its more than 60,000 new companies per year build a business environment where innovation can be a key economic driver. Towards this end, the BVI Financial Services Commission (the “FSC”), which is the public body with responsibility for, among other things, administering the intellectual property laws of the BVI, announced on 5 January 2010 the establishment of a Focus Group to review and revise the existing IP laws
    - Harney Westwood & Riegels
  • BRITISH VIRGIN ISLANDS CORPORATE ARRANGEMENT SCHEMES

    With a global economic downturn in full swing, companies around the world are looking for ways to safeguard their future existence. The strategies employed to do so are numerous and varied but a number of companies have employed the use of corporate arrangement schemes entered into with their creditors, investors and other stakeholders as a way to refocus and preserve their business.
    - Harney Westwood & Riegels
  • A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

    The meltdown in global financial markets has triggered a consolidation of the financial services industry as securities firms, asset managers, insurers and banks alike spin-off assets and restructure their operations to shore up capital. These transactions are often global in nature, involving substantial Hong Kong operations. In this article, we review the basic Hong Kong legal and regulatory framework for these transactions and present some lessons learned.
    - Timothy Loh, Solicitors
  • The PCCW Privatization: A Guide to the Applicable Law for Schemes of Arrangement

    Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined. This question is significant both in the short-term for investors trading PCCW and in the long-term in the context of future schemes of arrangement. In this article, we  examine the applicable laws and regulations with a view to providing hedge funds and other investors with guidance.
    - Timothy Loh, Solicitors
  • New Proposals to Regulate Mis-Selling of Investment Funds & Structured Products in Hong Kong

    The recent global financial crisis has resulted in an upswing in regulatory action throughout world markets. In Hong Kong, the Securities and Futures Commission (“SFC”) has proposed a slew of new requirements, some of which have already been implemented retroactively and without industry consultation. In this article we examine these ongoing developments in SFC policy and their effectiveness in reaching a fair balance between investor protection and costs to the investor and the financial industry.
    - Timothy Loh, Solicitors
  • Cross-border transactions and the advantages of using a BVI joint venture vehicle

    As cross-border transactions and international business partnerships become part of everyday life, parties are increasingly looking towards offshore jurisdictions for a neutral vehicle which can be tailored to all of the parties’ needs. This article will take a look at why companies incorporated in the British Virgin Islands (BVI) are suited for such transactions and, given the current economic climate, will also highlight some of the remedies available to a shareholder when a joint venture relationship takes a turn for the worse.
    - Harney Westwood & Riegels
  • The lender’s Holy Grail

    Indira Birkwood of Harneys outlines the advantages of using a BVI company for financing transactions
    - Harney Westwood & Riegels
  • THE USES OF VISTA TRUSTS

    The Virgin Islands Special Trusts Act, 2003 (" VISTA ") is now a little under 5 years old, having come into force in March 2004, and it is perhaps an interesting point to consider how the Act has been used and applied by the trust industry in the British Virgin Islands (" BVI ").
    - Harney Westwood & Riegels
  • Distressed Debt in Hong Kong: An Insolvency Primer for Private Equity

    Recent shocks to the financial markets as well as deteriorating economic conditions have brought insolvency issues sharply back into focus.  For some hedge funds and private equity funds, insolvency has come unwelcome in the form of the deteriorating financial condition of a portfolio company to whom loans have been made or whose debt the funds have acquired.  In this article, we review basic Hong Kong insolvency law concepts and outline debt recovery options.
    - Timothy Loh, Solicitors

Press releases

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