Hogan Lovells Publications
Hong Kong | COVID-19 and contractual force majeure: A simple checklist
14 May 2020
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 'knows his arbitration stuff' and 'fully understands the characteristics and requirements of the companies he represents'."
Chambers Asia Pacific 2015
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
2008-2020
Dispute Resolution: Arbitration - International Firms (China)
Chambers Asia-Pacific
2018-2020
Dispute Resolution: Arbitration - International Firms (China)
Chambers Global
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?,...
2008 - 2011
One of Asian Legal Business’
Hot 100 Lawyers
2019
Listed as Global Leader - Construction (Hong Kong)
Who's Who Legal 2019
2020
Construction (Hong Kong)
Lexology Client Choice Award
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
Acting for a Chinese oil company in a US$150m arbitration relating to the sale and purchase of interests in two petroleum production blocks (LCIA, London).
Acting for a Chinese SOE in a US$45m HKIAC arbitration regarding the delivery of alumina (HKIAC, Hong Kong).
Representing an Indian photovoltaic company in a US$407m arbitration regarding the sale and purchase of solar wafers (HKIAC, Hong Kong).
Representing 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).
Acting for a heavy equipment company in a US$68m 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 Chinese state owned enterprise in a US$50m arbitration arising out of an EPC turnkey cement plant project (ICC, Hong Kong).
Representing a Korean petrochemical company in a US$200m arbitration in an energy sales agreement dispute (ICC, Singapore).*
Representing an apple juice company in a RMB65m arbitration relating to offtake disputes arising out of shareholders’ agreement (ICC, Hong Kong).*
Representing an apple juice company in a RMB40m arbitration relating to disputes arising out of a distribution agreement (ICC, Hong Kong).*
Representing an Asian medical devices manufacturer in a US$50m arbitration concerning the termination of a 10 year manufacturing agreement (HKIAC, Hong Kong).*
Representing a Chinese automobile manufacturer - several concurrent arbitrations over US$250m regarding breaches of the underlying operational contracts that the guarantees secured (HKIAC, Hong Kong).*
Representing a recruitment company in a US$170m post M&A arbitration concerning breaches of representations and warranties (HKIAC, Hong Kong).*
Representing an Indian company in a US$16m arbitration concerning a parent company guarantee (CIETAC, Shanghai).*
Representing a medical devices company in a post mergers and acquisitions (M&A) arbitration (UNCITRAL, Hong Kong).*
Representing a petrochemical company in two arbitrations against a Philippines entity in a shareholders’ dispute (LCIA, London; UNCITRAL, Geneva).*
Representing 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).*
*Matter handled prior to joining Hogan Lovells.
Latest thinking and events
Hogan Lovells Publications
Hong Kong courts in lockdown – how technology is helping with dispute resolution in the time of COVID-19
03 April 2020
Hogan Lovells Publications
Predicting the unpredictable: the coronavirus and its impact on the energy industry
23 March 2020
Analysis
Hong Kong Court rejects bank's application for enforcement of judgment debt in mainland China
Registered Content
17 March 2020
Hogan Lovells Publications
New year, new views - arbitration highlights in the Year of the Rat Litigation, Arbitration, and Employment Alert
03 March 2020
Hogan Lovells Publications
No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost overruns Litigation, Arbitration, and Employment Alert
28 February 2020
