Robert S. Pe

Mr. Robert S. Pé, a partner in Orrick's Hong Kong office, heads Orrick's Asia litigation practice.  He has handled a broad range of contentious matters, including high-value international arbitrations in Hong Kong, London and Singapore under various rules including the UNCITRAL Rules and the ICC Rules. 

Recent representations have included the following.

• Acting for a U.S.-based investment management firm in an arbitration against a Hong Kong-listed real estate developer, appearing as advocate at all the hearings, successfully obtaining an interim award requiring the adverse party to pay more than US$164 million into an escrow account and achieving a US$200 million settlement through mediation. 
• Acting for a New York-listed company in conducting an internal investigation following whistleblower allegations of Sarbanes-Oxley Act and Foreign Corrupt Practices Act violations by subsidiaries in Greater China.
• Acting for a mainland Chinese-based group of companies in high-profile trade secrets litigation, which has been described as the number one intellectual property case to come out of China.
• Acting for Chinese, Taiwanese and U.S. corporations in separate high-value arbitrations in Hong Kong and Singapore, each arising from the sale and purchase of a substantial business in mainland China.
• Acting for a Hong Kong conglomerate in obtaining and resisting court orders for the gathering of evidence pursuant to letters of request issued by the Californian courts in a case that culminated in a US$2.8 billion judgment in favor of the client.
• Taking enforcement action in respect of intellectual property rights for various clients, including a Japanese electronics manufacturer.
• Acting for a Taiwanese client in pursuing a jurisdictional challenge, which was taken to Hong Kong's Court of Final Appeal.
• Advising a court-appointed receiver in the context of an acrimonious shareholders' dispute.

Before joining Orrick, Mr. Pé was a partner in the Hong Kong office of Paul, Hastings, Janofsky & Walker where he led the litigation department.  Prior to that, he worked with Lovells in Hong Kong and London, where he started his legal career.

In Chambers Asia, he has been described as "knowledgeable and commercial" and "particularly sought–after;" in The Asia Pacific Legal 500 as "highly respected" and "very good in court;" and in the PLC Dispute Resolution Handbook as "one of the region's top litigators."

Admitted in

• England and Wales
• Hong Kong

Memberships

• China International Economic and Trade Arbitration Commission (CIETAC) Panel of Arbitrators
• Hong Kong Institute of Arbitrators
• ICC Hong Kong Arbitration Committee
• The Law Society of Hong Kong

Multimedia

Publications

• "Singapore pushes for share of Asia's rising arbitration cases," IBA News, Contributor, July 2010.
• "Mediation in Hong Kong," paper for ICC Roundtable Luncheon, June 2010.
• "The Total Lawyer," Asian Legal Business, Contributor, May 2010.
• "Sovereign Immunity in Hong Kong: The Absolute Doctrine Versus the Restrictive Doctrine," Dispute Resolution International, May 2010.
• "Mediation in Hong Kong: a late dawn has arrived," Euromoney Guide to the World's Leading Litigation Lawyers, March 2010.
• "Mediation in Mainland China and England and what it means for Hong Kong," University of Hong Kong textbook on Mediation in Hong Kong: The Way Forward, Contributor, December 2009.
• "Arbitration gains favour as an alternative to court cases," South China Morning Post, Contributor, November 2009.
• "Ningbo court enforces China-seated 'foreign' arbitral award," China Law & Practice, Contributor, October 2009.
• "First Post-Handover Hong Kong Chief Justice to Retire," Bloomberg, Contributor, September 2009.
• "An arbitral tribunal's power to order interim measures under the UNCITRAL Model Law and the UNCITRAL Rules," ADR in Asia Conference paper, September 2009.
• "Chinese Arbitration: A Selection of Pitfalls," Association for International Arbitration conference textbook, Contributor, March 2009.
• "International Commercial Dispute Resolution," Tottel Publishing textbook, Contributor to Chapter on Hong Kong, 2009.
• "Settling new scores: Recent developments cement Hong Kong's position as a leading arbitration centre for Asia," Contributor, Asialaw, October, 2008.
• "Arbitrating China Disputes: Recent Developments and Continuing Pitfalls," Bloomberg Law Reports, September 2008.
• "Recent Developments in Arbitration in China - Two Steps Forward... One Step Sideways," Journal of International Arbitration, Co-Author, June 2008.
• "PLC Dispute Resolution Handbook," Chapter on arbitration in Hong Kong, June 2008.
• "Arbitration: on the rise," Asian Legal Business, Contributor, June 2008.
• "An in-house lawyer's right to legal privilege," Asia Law & Practice, Contributor, May 2008.
• "More Foreign Enterprises Use Arbitration," China Law & Practice, Contributor, March 2008.
• "Discovery by Banks - Lightening the Load," Banking Today, March 2007.
• "Case Study: New World TMT Limited v PrediWave Corporation," Asialaw, January 2007.
• "How to Get Paid in China - The Role of Arbitration," Banking Today, July 2006.
• "Scales of Justice Still Tipped in Hong Kong's Favour," South China Morning Post, Contributor.
• "Cross-border Pact on Court Rulings - A Cautious First Step," South China Morning Post, Contributor.

Speeches & Programs

• "Asia on the Buyside: The Key to Success," Panelist, Kroll/Mercer Briefing, (August 2010).
• "Arbitrating and Mediating Banking and Finance Dispute," ICC Roundtable Luncheon, (June 2010).
• "Mediation first for Corporations," Panelist, Mediation Roundtable Conference, HKMC, Hong Kong (March 2010).
• "Litigation and Arbitration in Hong Kong and China," Rockford, Illinois Chamber of Commerce, (January 2010).
• When to Arbitrate, Litigate or Mediate," Panel Chair, International Dispute Resolution Conference, The Lawyer Conferences, London (December 2009).
• "Interim Measures and Evidence in International Arbitration," Panelist, ADR in Asia Conference, HKCCA/HKIAC/IPBA, Hong Kong (September 2009).
• "Practical Differences in Arbitrations Administered by CIETAC, HKIAC and the ICC," Panel Chair, Asia-Pacific In-House Counsel Summit, Asialaw, Hong Kong (March 2009).
• "Law and Religion in China: is Hong Kong still the exception?" Institut d'études politiques de Paris (Sciences Po), Paris (October 2008).
• "Arbitrating China Disputes: Achieving a Satisfactory Outcome," Panelist, European American Chamber of Commerce, Paris (October 2008).
• “Negotiation and Drafting of International and Domestic Dispute Resolution Provisions,” Panelist, Arbitration & Mediation - Global Platforms for Dispute Resolution Conference, HKCCA/HKIAC/IPBA, Hong Kong (September 2008).
• "Commercial Contracts and Effective Dispute Resolution in China: Cross Border Litigation," Panelist, LexisNexis Conference, Hong Kong (August 2008).
• "Doing Business in China: Staying Ahead of the Competition and Out of the Penalty Box - Avoiding and Resolving Disputes," Orrick Global Law Symposium, Silicon Valley (January 2008).
• "Mediation in Hong Kong: The Way Forward," Panelist, DoJ/Judiciary HKSAR/HKIAC Conference, Hong Kong (November 2007).
• "Fraud, Internal Investigations and Recovery – The Lawyer’s Perspective," Kroll/LexisNexis Conference, Hong Kong (November 2007).
• "International Arbitration Institutions - A Menace to Sovereignty or a Panacea for Business," Moderator, HKIAC, Hong Kong (September 2007).
• "Court Support and Enforcement of Arbitral Awards," Panelist, ADR in Asia Conference, HKCCA/HKIAC, Hong Kong (September 2007).
• "Dispute Resolution in the Global Economy: A Focus on China," Orrick client presentation, Silicon Valley (September 2007).
• "The approach of the Hong Kong Courts towards acting in aid of arbitration," Panelist, Asia Pacific Regional Arbitration Group Conference, Hong Kong (December 2006).
• "Hong Kong as a venue for dispute resolution" Panelist, Asia Pacific Dispute Resolution Summit, Singapore (July 2006).