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James Kwan

Partner
Hong Kong

James Kwan

With a focus on resolving complex disputes in the healthcare/life sciences/medical devices, construction and infrastructure, technology, and energy sectors, James Kwan is an International Arbitration partner based in the Hong Kong office. He has represented clients in complex arbitrations in Asia, the U.S., the Middle East, and Europe under the major institutional rules such as ICC, HKIAC, SIAC, CIETAC, AAA, LCIA, DIAC, CAS, and in ad hoc arbitrations. 

James is widely recognised as a leading individual in International Arbitration by major legal directories, such as Asia Pacific Legal 500, Chambers Asia Pacific and Global, Euromoney’s Guide to the World’s Leading Arbitration Lawyers, Practical Law Company’s Which Lawyer?, Benchmark Asia Pacific: Arbitration, Global Law Expert and named one of Asian Legal Business’ Hot 100 Lawyers of 2008 and 2011.  

He 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.    

"James is praised by both clients and peers as a commercially aware and highly active practitioner."

Chambers Asia Pacific 2015

Representative Experience

Indian solar technology company - U.S.$285m arbitration regarding the sale and purchase of solar wafers (HKIAC, Hong Kong).

Korean petrochemical company - U.S.$200m arbitration in an energy sales agreement dispute (ICC, Singapore).*

Apple juice company - RMB65m arbitration relating to offtake disputes arising out of shareholders’ agreement (ICC, Hong Kong).*

Apple juice company - RMB40m arbitration relating to disputes arising out of distribution agreement (ICC, Hong Kong).*

Asian medical devices manufacturer - U.S.$50m arbitration concerning the termination of a 10-year agreement for the production of syringes (HKIAC, Hong Kong).*

Recruitment company - U.S.$170m post M&A arbitration concerning breaches and representations and warranties (HKIAC, Hong Kong).*

Private client - loan agreement dispute (SIAC, Singapore).*

Private client - sale of goods arbitration against a trading company (CIETAC, Shanghai).*

Indian company - U.S.$16m arbitration concerning a parent company guarantee provided to a Chinese entity for the supply of solar modules (CIETAC, Shanghai).*

Medical devices company – post M&A arbitration concerning the adjustment of net working capital and claims for breaches of representations and warranties (UNCITRAL, Hong Kong).*

Petrochemical company - two arbitrations against a Philippines entity in a shareholders’ dispute (LCIA, London; UNCITRAL, Geneva).*

Steel producer - Hong Kong’s only steel producer in three arbitrations concerning a casino development (UNCITRAL, Macau).*

Korean technology company - U.S.$16m arbitration concerning the payment of royalties (ad hoc, Hong Kong).*

Middle East hospital - disputes arising out of a hospital management agreement (DIAC, Dubai).*

Korean gymnast and Korean Olympic Committee - Court of Arbitration for Sport (CAS) arbitration for the Athens 2004 Olympic Games (CAS, Lausanne).*

*Matter handled prior to joining Hogan Lovells.

Education and admissions

Education

  • BSc., LLB (Hons), Australian National University
  • College of Law, New South Wales, Australia

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 Council Member
  • ICC Young Arbitrators' Forum – inaugural Asia Committee Member
  • ICC Hong Kong Arbitration Committee

Bar admissions and qualifications

  • England and Wales
  • Hong Kong
  • New South Wales, Australia

2008 - 2011

One of Asian Legal Business’

Hot 100 Lawyers

 

Consistently ranked as a leading arbitration lawyer in Legal 500 Asia Pacific , Chambers Asia Pacific, Chambers Global, Euromoney’s Guide to the World’s Leading Arbitration Lawyers, Practical Law Company’s Which Lawyer?, Benchmark Asia Pacific: Litigation and Global Law Expert

Legal 500 Asia Pacific

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