Winnie Tam, SBS, SC, JP > Des Voeux Chambers > Hong Kong, Hong Kong > Lawyer Profile

Winnie Tam, SBS, SC, JP

winnietam@dvc.com.hk View profile View profile

Position

Head of Chambers

Career

Winnie was appointed Senior Counsel in 2006. She served as the Chairman of the Hong Kong Bar Association between January 2015 to January 2017 and has been serving as Chairman of the Committee on Intellectual Property since 2019. Since 2015, she has been appointed a Recorder of the Court of First Instance, High Court of the Hong Kong SAR. In 2016, she was honoured as an Overseas Bencher of the Middle Temple Society of England. She has also been serving as a member of the Law Reform Commission since 2019.

Winnie has broad experience in corporate commercial, intellectual property, technology, media and entertainment disputes. Apart from her regular involvement as lead Counsel in IP and commercial litigation and arbitration, Winnie has accumulated substantial experience as an international arbitrator.

Winnie is a panel arbitrator of the HKIAC’s Intellectual Property Specialist Panel, a CIETAC panel arbitrator, a member of the Domain Name Disputes Panel of the HKIAC, a member of the Expert Committee of the China (Shenzhen) IP Arbitration Centre, a panel arbitrator of SCIA, SHIAC, and Qingdao Arbitration Commission, a member of the Chartered Institute of Arbitrators, and a fellow of the Hong Kong Institute of Arbitrators. She is a WIPO panel mediator, JAMS panel mediator, a CEDR-accredited mediator, a panel mediator on Mainland-Hong Kong Investment Disputes under CEPA. In her capacity as a leading intellectual property barrister she has been invited to join a working group of the Department of Justice on the arbitrability of intellectual property rights, and has contributed to the drafting of a bill presented to LegCo in December 2016. Between 2018 and 2020, Winnie served as a member of the Nominations Committee of the HKIAC. Since 2020-2021, she served as Co-Chair of Women in Arbitration (WIA) under HKIAC. Since May 2020, she has been appointed to the Appointments Committee of HKIAC.

Winnie has been appointed as a presiding arbitrator and co-arbitrator under ICC, HKIAC, CIETAC and SCIA rules in cases involving cross-jurisdictional commercial and joint-venture disputes, shareholders disputes, intellectual property and licensing disputes, international gaming rights licensing disputes and sino-foreign investment disputes. She has been appointed as arbitrator in international arbitrations to be conducted both in English and in Chinese. She has acted as leading counsel and co-counsel in international arbitrations and court actions in aid of international arbitration.

Year of call

• 1984 (Hong Kong Bar)
• 1988 (English Bar)
• 1993 (Republic of Singapore, Advocate and Solicitor)
• 2006 (Hong Kong SAR, Inner Bar)
• 2022 (Greater Bay Area, China)

Experience in Arbitration

• Appointed as presiding arbitrator in an arbitration under 2018 HKIAC Rules relating to breach of shareholders’ agreement.
• Appointed as co-arbitrator under AAA-ICDR Procedure on breach of confidence relating to an employment contract. Californian law.
• Appointed as co-arbitrator as an arbitration under HKIAC 2018 Rules on breach of confidence in a biotechnology consultancy agreement
• Appointed as co-arbitrator in an arbitration under ICC Rules 2021 relating to a sale and supply contract on biotechnology instruments, applying Japanese law.
• Appointed as presiding arbitrator in a arbitration dispute under 2018 HKIAC Rules relating to sale of business.
• Appointed co-arbitrator in an arbitration arising out of a dispute on sale of telecom equipment between Chinese and Russian parties, SCIA Rules.
• Appointed as co-arbitrator in a private equity investment dispute under 2018 HKIAC Rules, with complex preliminary issues.
• Appointed as co-arbitrator in an arbitration under UNCITRAL Rules arising from a computer technology licensing dispute.
• Appointed as presiding arbitrator in two private equity investment disputes in Mainland China, conducted the arbitration in both Chinese and English under HKIAC Rules
• Appointed as co-arbitrator in two foreign-related investment disputes in both Chinese and English under HKIAC Rules
• Appointed as the presiding arbitrator in two foreign-related disputes and conducted the arbitration in Chinese under the CIETAC Arbitration Rules
• Appointed as co-arbitrator in a complex dispute involving multi-jurisdictional arbitrations and litigations between the parties in a claim exceeding US$200M under HKIAC 2013 Rules with the seat of arbitration in Hong Kong.
• Appointed presiding arbitrator in an arbitration under HKIAC Rules 2013. The dispute arose from a joint venture between a Hong Kong company and a major machinery manufacturing company in Europe for a very substantial claim on technology transfer.
• Appointed as presiding arbitrator under the ICC Rules 2017 working with leading international arbitrators in the region. The claim is one on licensing and development of game software involving a very substantial claim.
• Appointed as Co-arbitrator in an arbitration under HKIAC rules in a dispute over a pharmaceutical distribution agreement.
• Appointed as Co-arbitrator in an arbitration under HKIAC rules in a joint venture dispute.
• Designated Co-arbitrator by a party in an arbitration ICC Rules 2017 under Austrian law on a dispute over alleged misuse of technology and knowhow relating to the construction of manufacturing plants
• Appointed as co-arbitrator by the Shenzhen International Arbitration Centre (formerly SCIA) in a cross-border sale of goods dispute worth roughly RMB 30M. Complex issues  of company insolvency law are involved. The arbitration is conducted under SCIA Rules.
• Appointed as co-arbitrator to work with international arbitrators in the region in a major dispute between a mainland Chinese company and Japanese companies arising out of an OEM manufacturing agreement. The core allegation is breach of confidence in technology relating to the making of machinery. The arbitration is under UNCITRAL rules. A large amount of technical information is involved.
• Appointed as lead Counsel to attend court to obtain ancillary relief in aid of arbitration in a case involving a dispute between the franchisor and licensee to a popular show.
• Appointed as lead Counsel to work with American Lawyers on two arbitrations under HKIAC rules respectively across two jurisdictions in a dispute involving a technology supply joint venture
• Appointed as lead Counsel to represent a manufacturer of hi-tech apparatus in multiple number of disputes with its competitor in China. Acted as co-lead counsel with US patent counsel in two arbitrations under UNCITRAL rules for clients in the same group of companies. The core allegations related to infringement of multiple patents and use of confidential information by former technical employees. Emergency arbitration procedure was involved in one set of the proceedings.
• Appointed as lead Counsel in a HKIAC arbitration involving dispute over sale of business.

Selected Cases

• ABG Juicy Couture LLC v Bella International Ltd – HCA 1764 of 2008
• Acron International Technology Ltd v Chan Yiu Wai and Law Sui Chun – FAMV 13/2018
• Alviero Martini SPA v Bubble Retail Management Ltd – HCA 1937/2008
• Apple Daily Ltd v Oriental Press Group Ltd – HCA 1396/2009
• Bruce James Stinson v Gu Ming Gao – HCA 2352/2012
• California Red Ltd v Gold Typhoon Entertainment Ltd – HCA 2684/2008
• Chor Ki Kwong David v Lorea Solabarrieta Cheung – HCA 1870/2012
• Christie Manson & Woods Ltd v Chritrs (Group) Ltd – HCA 1418/2011
• Gmedia Technology (Beijing) Co Ltd v Tencent Holdings Ltd – HCA 495/2017
• Guccio Gucci SpA v Cosimo Ludolf Gucci – HCA 1582/2008
• Horner Resources (International) Co Ltd v Savvy Resources Ltd – HCA 335/2010
• Hugo Boss Trade Mark Management GmbH & Co KG v Britain Boss International Co Ltd – CACV 114/2015
• L’Oreal (UK) Ltd, Yves Saint Laurent (YSL) v YLS Brands HK Ltd – HCA 2814/2017
• Louis Vuitton Malletier SA v Marco Leather Goods Ltd – HCA 1511/2009
• Louis Vuitton Malletier v Cuvee XLV French Wine Ltd – HCA 1900/2013
• M.G.X. Asia Ltd v China Way Global Co Ltd – HCA 2001/2013
• Mary Kay Inc v 浙江天猫网络有限公司 (Zhejiang Tmall Network Co Ltd) – [2021] HKCFI 1403
• Menfond Electronic Art & Computer Design Co Ltd v Wong Wang Tat Victor – HCA 293/2011
• Midland Business Management Ltd v Lo Man Kui – HCA 1599/2010
• Nerium Biotechnology Inc v Nerium International, LLC – HCA 1188/2016
• OPG Human Resources Ltd v Apple Daily Ltd – HCA 481/2009
• Oriental Food Industries Sdn Bhd v Sze Hing Loong Development Ltd – HCA 2094/2011
• Pan Chung Pat Wo Tong (HK) Ltd v Law Yan Wai t/a Singapore Medicine Co – CACV 239/2013
• In the matter of an application by Ping An Securities Ltd – HCMP 2788/2004
• Ringier Print (HK) Ltd v South China Media Ltd – HCA 2312/2009
• Sky King Machinery Engineering Ltd v Chun Wo Construction & Engineering Co Ltd – HCA 1918/2013
• SNE Engineering Co Ltd v Hsin Chong Construction Co Ltd – HCA 1466/2012 (26.3.2014)
• Star TV Filmed Entertainment (HK) Ltd v Golden Princess Amusement Co Ltd – CACV 61/2007
• Stichting BDO v Banco De Oro Unibank Inc – HCA 1162/2009
• Talpa Global BV v Star China Media Ltd and Meng Xiang Quang Yin Cultural and Broadcast (Shanghai) Co Ltd – HCMP 121/2016
• Tsit Wing (Hong Kong) Co Ltd v TWG Tea Company Pte Ltd – HCA 2210/2011, CACV 191/2013, FACV 15/2015, FAMV 6/2015
• UMG Recording Inc v Profit Chart Development Ltd – HCA 472/2010
• Vita Green Health Products Co Ltd v Vitasoy International Holdings Ltd – HCMP 593/2014
• Wind River Systems Inc v Digital China Holdings Ltd – HCA 1550/2012
• Wong To Yick Wood Lock Ointment Ltd v Singapore Medicine (HK) Co Ltd – HCA 595 and 600/2014
• Xcelom Ltd v. BGI-Hong Kong Co Ltd – HCA 3089/2015

Languages

English, Cantonese, Putonghua

Memberships

Appointments in Hong Kong and International Legal Organizations

• 2006 Appointed as Senior Counsel of the Hong Kong Bar
• 2015-2017 Chairman of the Hong Kong Bar Association
• Chairman of the Committee on Sports Law, Hong Kong Bar Association
• Recorder of the Court of First Instance, High Court of HKSAR
• Member of the Appointments Committee, HKIAC
• Overseas Bencher of the Middle Temple Society of England
• Member of the Law Reform Commission
• Hon Advisor, International Trade Bar of the Shenzhen Lawyers Association
• 2020-2021 Co-Chair of Women In Arbitration (WIA), HKIAC
• 2017-2018 Co-Chairman, Forum for Barristers and Advocates, IBA
• 2019-2021 Member, Policy Sub-Committee, Bar Issues Commission, IBA
• Member, China Working Group, Asia Pacific Forum, IBA
• Chairman, Women Business Lawyers Committee, IPBA
• Member of the Board of Advisors, Shenzhen Lanhai Research Institute on Legal Services in the Greater Bay Area

Arbitration Panels and Memberships

• HKIAC’s Intellectual Property Specialist Panel
• HKIAC’s Domain Name Dispute Panel member
• Hong Kong Bar Association Arbitration Panel member
• Member of ICC Commission, Hong Kong Delegate
• ICC Hong Kong Arbitration Committee member
• CIETAC Panel Arbitrator
• China (Shenzhen) IP Arbitration Centre, Member of Expert Committee
• South China International Economic and Trade Arbitration Commission, Panel Arbitrator
• Member of the Chartered Institute of Arbitrators
• Fellow of the Hong Kong Institute of Arbitrators
• Panel Arbitrator Beihai International Centre, Panel Arbitrator
• Shenzhen International Arbitration Centre, Panel Arbitrator
• Qingdao Arbitration Commission, Panel Arbitrator
• Hainan International Arbitration Centre, Panel Arbitrator
• World Intellectual Property Organization, Panel Mediator
• JAMS/SCMC, Panel Mediator
• Hong Kong Mediation Council Panel Mediator under the Mainland and Hong Kong CEPA Investment Agreement
• Mainland-Hong Kong Joint Mediation Center Panel Mediator
• Shanghai Commercial Mediation Center (SMAC) Panel Mediator

Public Appointments in Hong Kong

• Hong Kong Member of the 14th CPPCC National Committee
• Member, Law Reform Commission
• Chairman, Board of Hong Kong Palace Museum Limited
• Chairman, Communications Authority
• Member, Chief Executive’s Council of Advisers
• Member, Board of Directors and Executive Committee of the West Kowloon Cultural District Authority
• Member, Board of Governors, Hong Kong Philharmonic Society Ltd
• Member, Independent Commission on Remuneration for Members of the Executive Council and the Legislature, and Officials under the Political Appointment System of the HKSAR
• Member, Consultative Committee of the Qianhai Special Free Trade Zone (PRC)

Education

• Senior Counsel, Hong Kong Bar

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• Barrister-at-Law, England and Wales
• Door Tenant, 8 New Square, Lincoln’s Inn, London
• Solicitor and Advocate, Singapore
• Solicitor and Advocate, Australian Capital Territory