James Kwan

James Kwan

Partner, Hong Kong

Email james.kwan@​hoganlovells.com

Phone +852 2840 5030

Fax +852 2219 0222

LanguagesEnglish, Cantonese

Practice groupLitigation

"[James'] clients consider him an expert on the tactical side of arbitration, drawing attention to his mindset of 'very good commercial thinking, insightful and strategic thinking, and analysis of the facts and dispute.' "

Chambers Asia Pacific 2018

With a focus on resolving complex disputes in the Life Sciences and Health Care, Medical Devices, Energy and Natural Resources, Infrastructure and Transportation, construction, and technology sectors, James Kwan is an International Arbitration lawyer based in our Hong Kong office. He has represented clients in complex arbitrations in Asia, the United States, the Middle East, and Europe under the major institutional rules such as the International Chamber of Commerce (ICC), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), China International Economic and Trade Arbitration Commission (CIETAC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), Dubai International Arbitration Centre (DIAC), Court of Arbitration for Sport (CAS), and in ad hoc arbitrations.

He is widely recognized 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 was named one of Asian Legal Business' Hot 100 Lawyers of 2008 and 2011.

James is an 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.

Awards and recognitions

2008-2019

Dispute Resolution: Arbitration - International Firms (China)
Chambers Asia-Pacific

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

2008 - 2011

One of Asian Legal Business’
Hot 100 Lawyers

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

Representative experience

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

Represented financial institutions in a US$248m HKIAC arbitration concerning the redemption of shares and the exercise of a put option for Singapore, Taiwanese, and Chinese banks (HKIAC, Hong Kong).

Representing a luxury hotel group acting in two UNCITRAL arbitrations concerning a hotel management dispute (UNCITRAL, Hong Kong).

Representing a heavy equipment company in a US$39m arbitration concerning the exercise of a put option (HKIAC, Hong Kong).

Representing a Chinese listed technology company regarding the licensing of a software game to a Taiwanese distributor (HKIAC, Hong Kong).

Representing a Chinese listed technology company regarding the licensing of a software game (SIAC, Singapore).

Representing a theme park owner in a US$130m arbitration against its consultant concerning the design of a water park project (HKIAC, Hong Kong).

Represented a Chinese state owned enterprise in a US$50m arbitration arising out of an EPC turnkey cement plant project (ICC, Hong Kong).

Represented a Korean petrochemical company in a US$200m arbitration in an energy sales agreement dispute (ICC, Singapore).*

Represented an apple juice company in a RMB65m arbitration relating to offtake disputes arising out of shareholders’ agreement (ICC, Hong Kong).*

Represented an apple juice company in a RMB40m arbitration relating to disputes arising out of a distribution agreement (ICC, Hong Kong).*

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

Represented a Chinese automobile manufacturer - several concurrent arbitrations over US$250m regarding breaches of the underlying operational contracts that the guarantees secured (HKIAC, Hong Kong).*

Represented a recruitment company in a US$170m post M&A arbitration concerning breaches of representations and warranties (HKIAC, Hong Kong).*

Represented an Indian company in a US$16m arbitration concerning a parent company guarantee (CIETAC, Shanghai).*

Represented a medical devices company in a post mergers and acquisitions (M&A) arbitration (UNCITRAL, Hong Kong).*

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

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.*

Represented a Hong Kong listed company – JV / shareholder arbitration involving the termination of a joint venture agreement and purchase of the interests of the joint venture partner (AAA, California).*

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

*Matter handled prior to joining Hogan Lovells.

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