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A right to be heard – Hong Kong court says it need only be "reasonable"
23 March 2023
PartnerHong Kong
Email [email protected]hoganlovells.com
Phone +852 2840 5030
Fax +852 2219 0222
LanguagesEnglish, Cantonese
Practice groupLitigation, Arbitration, and Employment
James Kwan is an International Arbitration partner in Hong Kong. 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 Kwan is active in the market and is proactive and forceful.’ ‘Mr James Kwan is invariably thorough, meticulous and fair in his submissions, written or oral. This team is also able to turn around work in lightning speed, despite its obvious heavy workload.’ ‘James Kwan who is professional and knows how to win legally with professional knowledge.
Legal 500 Asia Pacific 2022
Leading Lawyer, Dispute Resolution: Arbitration (Hong Kong)
Legal 500 Asia Pacific
Dispute Resolution: Arbitration – International Firms (China)
Chambers Greater China
Top 15 GAR 30 Global List
Global Arbitration Review
Dispute Resolution: Arbitration - International Firms (China)
Chambers Global
Dispute Resolution: Arbitration - International Firms (China)
Chambers Asia-Pacific
Education
BSc., LLB (Hons), Australian National University
The College of Law 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 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/SIAC/CIETAC/LCIA/DIAC/SHIAC/KCAB/AIAC - List of arbitrators
Bar admissions and qualifications
Solicitor, England and Wales
Hong Kong
New South Wales
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 a US$16m 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 a US$25m 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 a US$16m 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).
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