Hogan Lovells Publications
Back to basics - Hong Kong Court of Appeal queries approach to winding up petitions where arbitration is involved Litigation, Arbitration, and Employment Alert
11 October 2019
James Kwan
PartnerHong Kong
Email james.kwan@hoganlovells.com
Phone +852 2840 5030
Fax +852 2219 0222
LanguagesEnglish, Cantonese
Practice groupLitigation, Arbitration, and Employment
"[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
2018-2019
Dispute Resolution: Arbitration - International Firms (China)
Chambers Global
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
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 Council Member
ICC Young Arbitrators' Forum – inaugural Asia Committee Member
ICC Hong Kong Arbitration Committee
Bar admissions and qualifications
Solicitor, England and Wales
Hong Kong
New South Wales
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.
Latest thinking and events
Hogan Lovells Publications
Mark your calendar: The interim measures arrangement between Mainland China and Hong Kong comes into effect on 1 October 2019 International Arbitration Alert
27 September 2019
Media Mention
HK-PRC agreement on interim measures for arbitration benefits all stakeholders
11 June 2019
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'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years
03 April 2019
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A game changer: Hong Kong and China agree milestone arrangement for interim measures in arbitration
03 April 2019
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Developments in financial services arbitration: Revision of the ISDA arbitration guide International Arbitration Alert
18 December 2018
