China Practice — Dispute Resolution

Our China Team's Dispute Resolution practice incorporates commercial litigation, arbitration and intellectual property capabilities. The team's in-depth understanding of local issues—combined with the practical experience of working on multi-jurisdictional issues for multinational companies—positions our China lawyers to serve effectively the needs of our clients locally, regionally and globally.

Commercial Litigation

Orrick's Commercial Litigation practice handles litigation before the courts and administrative tribunals in nearly all the jurisdictions in which Orrick has offices. For example, the Hong Kong Dispute Resolution group has experience in a variety of contentious matters, including:

• General commercial
• Regulatory
• International trade
• Banking and securities law
• Insurance disputes
• Intellectual property negotiation, advisory and enforcement
• Shareholder and partnership disputes
• Cross-border disputes and enforcement
• Insolvency, business restructuring, debt recovery and related enforcement and execution
• Employment

In addition to conducting litigation before the Hong Kong Courts, our China Team's Hong Kong Dispute Resolution Group also advises on and conducts domestic and international commercial arbitration.  The lawyers have significant experience with the various remedies available to assist litigants in freezing or preserving assets, documents and other evidence.  In addition, the Hong Kong litigators are regularly involved with proceedings in the higher appellate courts, including the Court of Final Appeal of the Hong Kong Special Administrative Region.

Arbitration

The arbitration practitioners on our China Team regularly handle arbitrations in the major regional Asia‑Pacific centers, including the Hong Kong International Arbitration Center, the Japan Commercial Arbitration Association and the China International Economic and Trade Arbitration Commission (in Beijing, Shanghai and Shenzhen).  Our China Team's arbitration practitioners are also experienced in enforcing awards and conducting appeals and arbitration-related litigation throughout the region, including enforcement measures in China.  Our China Team lawyers also work with lawyers from Orrick's offices throughout the world in representing clients in major international arbitration venues, including the International Chamber of Commerce, the London Court of International Arbitration and the American Australian Association.  A representative list of our China Team's dispute resolution experience is attached as Annex A.

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Representative Matters – Arbitration and Commercial Litigation

Litigation / Insolvency

• Acting for a committee of bondholders and a major U.S. bank in the recovery of debt from a China Infrastructure Project that had issued US$288 million of bonds to finance the project.  Provisional Liquidators were appointed in Hong Kong, and the BVI and the principal assets were sold to a third party, resulting in a substantial recovery to the bondholders.
• Acting for the liquidators of a BVI company, which owned a majority interest in a manufacturing joint venture in Shanghai, that included advising and taking the steps to obtain recognition of the liquidators’ rights to appoint managers to the joint venture and, ultimately, selling the interest in the joint venture.
• Acting for a committee of bondholders and a major U.S. bank in the recovery of debt from a China infrastructure project that had issued US$119 million of bonds to finance the project.  The bonds were secured by a mortgage of shares of a series of Hong Kong companies, which held the equity interests in the project.  The mortgage of shares was used to appoint new directors to the Hong Kong companies with a view to selling the interest in the project.
• Acted for one of Australia’s largest Banks in relation to the workout and restructure of the Akai Group, which led to the appointment of a provisional liquidator to Akai Pty Ltd.
• Acted on behalf of a large Japanese bank in proceedings to recover a total of US$150 million secured floating rate notes, issued by a Hong Kong company.

Arbitration

• Represented numerous companies before the China International Economic and Trade Arbitration Commission.  This included assisting a China joint venture in reversing an adverse award by CIETAC and obtaining substantial damages on its counterclaims.
• Acted in a dispute between a government body and an international software developer regarding the design and installation of software for the National Library of Australia.
• Acted in a dispute over the termination of a license agreement regarding the use of fuel combustors and boilers in China.
• Acted in a dispute regarding termination of a distribution agreement for sports apparel.
• Acted in a dispute between Chinese and French companies regarding an agreement for the distribution of pharmaceutical projects.
• Acted in a dispute concerning the faulty construction of a manufacturing facility in Thailand.
• Acted in an ICC arbitration for major power installation suppliers (Fortune Global 500 companies) in delivery disputes (including construction, commissioning and design issues) with customers in Singapore, Indonesia and the Philippines.
• Acted in an LCIA arbitration for a major Japanese Bank in respect of claims made by members of Syndicate.

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