James Kwan | Hong Kong | Hogan Lovells

James Kwan

Partner Litigation, Arbitration, and Employment

Languages

English, Cantonese

Kwan James

James Kwan
Kwan James
  • Overview
  • Experience
  • Credentials
  • Insights and events
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James Kwan is singled out by a client who notes his ‘awesome and acute business sense coupled with outstanding technical knowledge and world-class client service.

Chambers Asia-Pacific 2021

James Kwan is an International Arbitration partner  who leads the International Arbitration practice in  Hong Kong. He is a member of Hogan Lovells’  International Arbitration Global Steering Committee leadership team. He specialises in technology, private  equity, energy, and life sciences disputes. He has a  range of international experience, having represented  clients in arbitrations in Asia, the U.S., Middle East,  and Europe under the major institutional and ad hoc  rules, such as ICC, HKIAC, SIAC, CIETAC, LCIA, AAA,  DIAC, and UNCITRAL. James has also sat as arbitrator  and rendered awards in HKIAC, ICC, and DIAC  arbitrations, and in addition is on the CIETAC, LCIA, SHIAC and KCAB and AIAC panels. James is a solicitor advocate with Higher Rights of Audience before the  Hong Kong courts. James will be sitting as a Temporary Judicial Registrar in the High Court of Hong Kong in 2023.  James has recently been appointed as a member of the Solicitors Disciplinary Tribunal Panel by the Chief Justice of the Court of Final Appeal.

James was  recognised as one of Asian Legal Business’ Asia Super  50 Dispute Lawyers of 2023. James is the author of a chapter in The Hong Kong Arbitration Ordinance  Commentary and Annotations, Sweet & Maxwell, 2015  (2nd edition); Arbitration in China: A Practical Guide,  Sweet & Maxwell, 2004; and co-editor of Construction Arbitration in Hong Kong: A Practical Guide, 2015, Wolters Kluwer. He is one of the authors of the forthcoming publication Comparison of Asian International Arbitration Rules, 2024 (Third Edition),  Juris Publishing. 

James is the APAC and Hong Kong pro bono chair of Hogan Lovells. He was awarded the Gold Award for the Hong Kong Law Society Pro Bono and Community Work Recognition Programme in 2021 and 2022. 

Representative experience

Acting for a large Chinese media conglomerate in an HKIAC arbitration involving a disputed sum of RMB 0.5 billion+ for the exercise of a put option and guarantee in an investment dispute (HKIAC, HK).

Acting for the Chinese majority shareholder in an HKIAC arbitration in an investment dispute. This agreement is one of many contracts relating to a SPAC listing on NASDAQ (HKIAC, HK). 

Acting for a Chinese and Fortune Global 500 conglomerate in the commodities industry and its subsidiary regarding a USD67.6 m HKIAC arbitration arising out of 42 guarantee agreements (HKIAC, HK).   

Acting for a Chinese oil company in a US$150 million arbitration relating to the sale and purchase of interests in two petroleum production blocks (LCIA, London).

Acting in a US$248 million HKIAC arbitration for Singapore, Taiwanese and Chinese investment funds (banks) against a group of Chinese and Cayman Islands companies for sports goods (HKIAC, HK).

Acting for an Indian photovoltaic company in a US$407m arbitration regarding the sale and purchase of solar wafers (HKIAC, HK).

Acting for a Chinese industrial technology company in an HKIAC arbitration against a supplier of electric boilers concerning a Co-operation Agreement (HKIAC, HK). 

Acting for two entertainment companies in HKIAC arbitrations concerning an artiste investment dispute in relation to a famous performer’s concerts in Hong Kong and China (HKIAC, HK).

Acting for a luxury hotel group in two UNCITRAL arbitrations in a hotel management dispute against a Malaysia-based owner regarding a SE Asian luxury resort (ad hoc, UNCITRAL Arbitration Rules, HK).

Acting for a Chinese SOE in a US$50m arbitration concerning an EPC contract for a cement grinding station in Mongolia (ICC, HK).

Acting for a Hong Kong based investment holding company  in an arbitration in Hong Kong arising from the subscription of convertible bonds (ICC, HK).

Acting for a Chinese SOE in a US$165m HKIAC arbitration regarding a sale of goods dispute for the delivery of alumina (HKIAC, HK).

 

Representing an Asian medical devices manufacturer in a US$50m arbitration concerning the termination of a 10 year manufacturing agreement (HKIAC, HK).

Acting for a heavy equipment company in a US$69m arbitration against a Singapore private equity fund & financial institution in a private equity arbitration on the exercise of a put option (KIAC, HK).

Acting for a German renewables company in a CIETAC arbitration against a Chinese asset management company concerning solar modules (CIETAC, Shanghai).

Acting for a Chinese technology company against a Thai listed company concerning the licensing of online games (SIAC, Singapore).

Acting for a UK-listed agribusiness multinational concerning a PRC law shareholders'/joint venture contractual dispute commenced by its Chinese joint venture partner (HKIAC, HK).

Acting for a Chinese listed technology company in an HKIAC arbitration involving the licensing of a software game to a Taiwanese distributor (HKIAC, HK).

Acting for a global mobile internet company in relation to redemption rights and the exercise of a put option by their investor (HKIAC, HK).

Acting for a U.S. medical devices manufacturer in a US$200m arbitration regarding the termination of a distribution agreement for the promotion and sale of radiosurgery equipment (ICC, HK).

Acting for a Korean petrochemical company in a US$200 million arbitration in an energy sales agreement dispute (ICC, Singapore).

Acting for a Taiwanese photovoltaic solar cells manufacturer and seller in a US$100m arbitration against a Japanese supplier concerning PV lines and solar equipment manufacturing systems (HKIAC, HK).

Acting for a U.S. recruitment company in a US$170m post M&A arbitration concerning breaches and representations and warranties (HKIAC, HK).

Acting for a Chinese automobile manufacturer in several concurrent arbitrations over US$250m relating to calls made to on demand performance guarantees issued by a Russian bank (HKIAC, HK).

Acting for a Chinese medical devices manufacturer in a US$50m arbitration concerning the termination of a 10-year agreement for the production of auto disable syringes (HKIAC, HK).

Acting for a U.S. medical devices company in a post-acquisition arbitration concerning adjustment of net working capital, and claims for breaches of representations and warranties (HKIAC, HK).

Quiksilver Greater China Ltd. v. Glorious Sun JV Ltd. [2014] 4 HKLRD 759 which marked the first time a Hong Kong court stayed a petition to wind up a solvent company in favour of our client.

Acting for a Korean technology company in an arbitration concerning the payment of royalties against a Taiwanese company (ad hoc, HK).

Acting for a steel producer in arbitrations concerning a casino development and suspended works (ad hoc, UNCITRAL Arbitration Rules, Macau). 

Acting for a Hong Kong listed company in an RMB65m arbitration relating to offtake disputes arising out of a shareholders’ agreement (ICC, HK).

Acting for a Hong Kong listed company in an RMB40m arbitration relating to disputes arising out of a distribution agreement (ICC, HK).

Acting for a French fashion company in an arbitration on the termination of two license agreements and disputes concerning trademark and distribution rights in Korea and Malaysia (ICC, HK).

Acting for a solar company in an arbitration against a Chinese entity concerning a parent company guarantee for the supply of solar modules (CIETAC, Shanghai).

Acting for a Shenzhen manufacturing company in a sale of goods arbitration against a trading company (CIETAC, Shanghai).

Acting for a petrochemical company in two arbitrations against a Philippines entity in a shareholders' dispute (LCIA, London; UNCITRAL, Geneva).

Credentials

Education
  • Executive Masters of Business Administration, Kellogg Northwestern University and University of Science and Technology, Hong Kong, 2024
  • Wharton General Management Program, University of Pennsylvania, 2023
  • BSc., LLB (Hons), Australian National University
  • The College of Law Australia
Bar admissions and qualifications
  • Solicitor, England and Wales
  • Hong Kong
  • New South Wales
Memberships
  • Asia Pacific Forum for International Arbitration – Hong Kong representative and former co-chair
  • Fellow of the Chartered Institute of Arbitrators and former Committee member of East Asia branch
  • Hong Kong Institute of Arbitrators – Fellow and former Council Member
  • ICC Hong Kong Arbitration Committee
  • ICC Young Arbitrators' Forum – inaugural Asia Committee Member
  • Hong Kong Law Society - Arbitrators' Appointment Committee
  • ICC/HKIAC/CIETAC/LCIA/DIAC/SHIAC/KCAB/AIAC - List of arbitrators

Recognition

Leading Lawyer, Dispute Resolution: Arbitration (Hong Kong)

Legal 500 Asia Pacific

2022
Dispute Resolution: Arbitration – International Firms (China)

Chambers Greater China

2022
Top 15 GAR 30 Global List

Global Arbitration Review

2019-2022
Dispute Resolution: Arbitration - International Firms (China)

Chambers Global

2018-22
Dispute Resolution: Arbitration - International Firms (China)

Chambers Asia-Pacific

2008-21
Named in the 2024 edition

Who’s Who Legal (WWL): Arbitration

2024
Named in the Legal 500 Arbitration Powerlist - Hong Kong Region

Legal 500

2023
Asian Legal Business Asia Super 50 Dispute Lawyers

Asia Legal Business

2023