James is a member of the Litigation & Dispute Resolution group, where his practice focus is on commercial litigation and international arbitration, with a particular emphasis on the resolution of international and cross-border disputes.

James has handled a broad range of civil litigation and arbitration matters in both Honk Kong and mainland China. His experience includes disputes involving the international sale of goods, fraud and asset recovery, the recognition and enforcement of foreign judgments, winding up and insolvency, professional negligence, trade secrets and other confidential information, competition law, international and domestic arbitration, judicial review, and SFC and other regulatory investigations.

Since 2017, Legal 500 has recognized James as a "Next Generation Lawyer" in the area of litigation, describing him as "(having) more experience than one would expect in an associate" and "work(ing) tirelessly."


Experience

James’s recent experience includes acting for:

Litigation

  • A global wine merchant company and its director in four interrelated court proceedings against a former Hong Kong distributor involving various claims arising out of the termination of the distributorship, including breach of confidence, breach of fiduciary duties and unpaid invoices.
  • An international law firm, defending against claims of professional negligence in a case involving the scope of a solicitor's duties to advise on incidental matters.
  • A garment manufacturing group as plaintiff in a professional negligence case against two auditing firms for failing to detect accounting fraud at its PRC subsidiary.
  • A private equity fund as plaintiff in a professional negligence case against an international law firm for failing to properly advise it during the due diligence process relating to its acquisition of a PRC company.
  • Winding-up petitioners in proceedings of Hong Kong Sports Industrial Development Ltd. fka LeTV Sports Culture Develop (HongKong) Company Ltd., in the High Court of Hong Kong. Obtained a winding up order at the first contested hearing.
  • The liquidators of an insolvent company in the distribution of the Hong Kong company’s surplus assets among various contributories, including shareholders, and potential claims against one such shareholder and related entities.
  • A Hong Kong-listed company in defending against various claims arising from certain international contracts and loan agreements relating to the sale of iron ore mines. Successfully resisted a winding-up petition.
  • An international corporation based in Spain in an action to recover a mistaken payment resulting from cyber fraud. The case involved 21 defendants and three rounds of injunction applications.
  • A group of plastic product manufacturers and sellers in defending against an action by a Japanese supplier for non-payment of invoices. The defense argued "defective goods," raising a debate over the quality of the underlying polycarbonate substrate.
  • An Italian bank in various debt collection and related bankruptcy and winding-up proceedings, including enforcement actions in Hong Kong and Italy.
  • A green group member in a judicial review of decision approving an environmental impact assessment regarding a government construction project, and the subsequent appeal.
  • A New Zealand dairy processing company in a case filed in a Guangzhou court against two PRC companies for non-payment of invoices for milk powder.

International and domestic arbitration

  • A Thai airline in an international arbitration against a service provider arising from the airline's termination of various high-value agreements to service the air carrier's aircraft and engines. The arbitration involved issues relating to the quality of the aircraft maintenance services provided.
  • A US manufacturer of automotive shock absorbers and struts in an HKIAC arbitration against its Zhejiang, China-based supplier involving the supplier's alleged violations of intellectual property rights and breaches of non-solicitation provisions in the US, Canada and Mexico.
  • A Singapore-based private equity fund in an HKIAC arbitration against a co-investor and majority shareholder in a holding entity for a business engaged in electronics manufacturing in the PRC, Thailand, Indonesia, Malaysia and Singapore. The matter involved a parallel litigation in the British Virgin Islands and a restructuring of underlying private equity deals.
  • A Korea-based biopharmaceutical company in its claim against an Indian contractor for failing to properly perform its contractual obligations in relation to the manufacture and development of two generic pharmaceutical products.
  • A prime contractor in an arbitration against a subcontractor involving the latter's claims for unpaid work done and a counterclaim for loss and damage resulting from the subcontractor's wrongful abandonment of its work. Also represented the prime contractor in a related appeal to the High Court on questions of law relating to an interim arbitral award.
  • A construction contractor in arbitrating a claim of wrongful termination, including claims for payment for unpaid work done, retention and loss, and disruption costs.
  • A Japanese global electronics company in an arbitration against a former supplier involving claims of defective electronic products. Successfully resisted the supplier's jurisdictional challenges both in the arbitration and in court.

Insights

  • Joint editor, "Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (Vol. 2), 2016 Cumulative Supplement" (Bloomberg BNA)
  • Regular author of legal articles and updates in various publications, including the Hong Kong Lawyer and Lexology

Activities and Affiliations

Presentations

  • Guest lecturer, "Investment Treaty Arbitration," Keio University, 2018
  • Guest lecturer "Selected Legal Issues in Commercial Practice," The University of Hong Kong, 2016
  • Regular speaker at seminars and client trainings on topics relating to dispute resolution, including legal professional privilege, competition law, fraud and asset tracing

Memberships

  • Member, eBRAM (electronic-Belt and Road Arbitration and Mediation) arbitration rules group, 2018–present
  • Tribunal secretary, HKIAC (Hong Kong International Arbitration Centre), 2015–present