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A Look At Notable Trends From Hong Kong Arbitration Report

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Timothy Blakely, Yi-Jun Kang, and Nicole Tsui published an article for Law360 that explored the Hong Kong International Arbitration Centre’s (HKIAC) annual statistics report for 2023. 

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Timothy Blakely, Yi-Jun Kang, and Nicole Tsui published an article for Law360 that explored the Hong Kong International Arbitration Centre’s (HKIAC) annual statistics report for 2023. The authors highlighted HKIAC’s caseload breakdown, arbitrator appointment trends, and distinctive trends in the use of expedited procedures, emergency arbitrators and early determination applications.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltc03975c2984cab2a/663139e0abe0ae22e3f5fd6a/240422-trends-from-hong-kong-arbitration.pdf" target="_blank">full article</a>.

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Tim is managing partner of Morrison & Foerster’s Hong Kong office. He is also head of the firm’s Hong Kong Litigation Department. Tim’s practice focuses on government and internal investigations and complex commercial litigation and international arbitration matters.Tim represents companies and individuals in, among other matters:<ul><li>Government investigations</li><li>Regulatory enforcement proceedings</li><li>Internal investigations</li><li>International arbitrations</li><li>Securities class action lawsuits</li><li>Complex dispute-related matters</li><li>Regulatory compliance issues</li></ul>Tim has represented multinational and Chinese clients in various industries, including telecommunications, biotechnology, publishing, pharmaceuticals, and financial services.Tim also is a member of both the firm’s FCPA + Global Anti-Corruption and Global Ethics + Compliance teams. He conducts internal investigations throughout Asia of potential violations of anti-corruption laws, leads pre-acquisition anti-corruption-related due diligence and post-closing remediation, and regularly provides advice, counseling, and training to clients about FCPA and anti-corruption related issues.Tim has deep experience representing companies and individuals in high-stakes contentious matters involving U.S. and Hong Kong law. Before relocating to Hong Kong in 2011, he spent 10 years practicing in New York and California, handling fraud, misrepresentation, breach of contract, securities litigation, investment disputes, commercial arbitration, and enforcement-related matters, from inception through trial. His practice continues to have a strong U.S. nexus, and he regularly advises clients facing disputes and enforcement actions originating in the U.S. and involving U.S. law.As a Hong Kong solicitor, Tim has been instructed by clients in key contentious proceedings and arbitration-related matters before Hong Kong courts, as well in proceedings with Hong Kong regulators and statutory tribunals. He has advised clients in investigations by, inter alia, the Securities & Futures Commission, and in proceedings before the Telecommunications (Competition Provisions) Appeal Board. He regularly acts for clients in Hong Kong-seated, international arbitration proceedings.Chambers Asia-Pacific quotes clients saying that Tim “is incredibly intelligent and always well prepared. He is an excellent interviewer and his depth of knowledge of the subject matter is outstanding” and that he “knows Western practices but also appreciates and understands the peculiarity of Chinese laws and practice.”

Timothy Blakely律师是美富律师事务所香港办事处的管理合伙人，同时也是本所香港诉讼部门的主管。Blakely律师的主要业务为政府和内部调查，以及复杂的商业诉讼和国际仲裁事宜。Blakely律师经常代表公司和个人处理的事宜包括：<ul><li>政府调查</li><li>监管程序</li><li>内部调查</li><li>国际仲裁</li><li>证券集体诉讼</li><li>复杂的争议相关事宜</li></ul>他也就监管合规问题向客户提供法律服务。Blakely律师曾代表电信、生物技术、出版、医药及金融服务等多个行业的跨国及中国客户处理有关事宜。Blakely律师也是本所全球反腐败及合规工作组的成员。他在全亚洲就可能违反各国反腐败法的行为开展内部调查，领导进行收购前关于反腐败的尽职调查工作和交割后的纠正事宜，并经常向客户提供关于美国《反海外腐败法》及反腐败问题的法律服务及培训。Blakely律师在代表公司和个人处理涉及美国和香港法律的高案值争讼事宜方面拥有丰富经验。在2011年移居香港之前，Blakely律师曾在纽约和加州执业十年，处理欺诈、不实陈述、合同违约、证券诉讼、投资争议、商业仲裁及执行的相关事宜，其工作贯穿从初始到案件审判的全过程。目前，Blakely律师的业务仍与美国密切相关，他经常协助客户处理源于美国或涉及美国法律的争议和执法行动。作为一名拥有香港事务资格的律师，Blakely律师曾受客户委托在香港法院处理重要的争讼程序和仲裁相关事宜，以及在香港监管机构和法定特别法庭处理各种程序。他曾就由香港证券及期货事务监察委员会等进行的调查以及在香港电讯（竞争条文）上诉委员会进行的程序向客户提供咨询。他还经常代表客户处理在香港进行的国际仲裁程序。

Timothy Blakely

Managing Partner, Hong Kong

Yi-Jun focuses on complex, cross-border commercial litigation and arbitration, and white-collar investigations. She has a broad range of experience, across a variety of industry sectors, in shareholder, mergers and acquisitions, private equity, joint venture, and other types of disputes.In relation to her work on international arbitration, she has represented numerous conglomerates and multi-national corporations in commercial arbitrations under various rules, including Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), and United Nations Commission on International Trade Law (UNCITRAL).Yi-Jun was recognized as a Rising Star by Asian Legal Business (ALB) in its 2024 edition. Clients describe Yi-Jun as a “trusted resource for [their] organization” whose “clarity of thought shines through in her written work", and as having a “comprehensive understanding and superb control over [matters] all the way through.”Yi-Jun is qualified in Singapore and England and Wales, and she is bilingual in English and Mandarin Chinese. Yi-Jun is also a Fellow of the Chartered Institute of Arbitrators, a member of the YSIAC Council, a member of the Alternative Dispute Resolution Committee of the Law Society of Singapore, and Assistant Editor for Southeast Asia of the Kluwer Arbitration Blog.<h4>Representative Experience</h4><ul><li>Several private equity funds against an Indian airport infrastructure group in a consolidated Singapore International Arbitration Centre (SIAC) arbitration involving a dispute arising out of investments in an infrastructure company in India. The issues involved included compliance with the India Foreign Direct Investment (FDI) regime, and the construction of contractual exit mechanisms. The amount in dispute was in excess of US$500 million.</li><li>A major aeronautics company in two International Chamber of Commerce (ICC) arbitration involving claims of breach of contract arising out of consultant agreements.</li><li>The private equity arm of a major international bank in a US$125 million Singapore International Arbitration Centre (SIAC) arbitration involving disputes under a shareholders’ agreement relating to its investment in an SGX-ST listed company.</li><li>A leading Swiss bank in Singapore litigation proceedings commenced by a Georgian multi-billionaire and former prime minister concerning the bank’s management of his accounts and assets.</li><li>A private equity fund in Singapore litigation proceedings against a contractual counterparty for a breach of a put option agreement.</li><li>A global financial institution (as respondent) against an Australian individual with his associated companies in an AU$700 million Singapore International Arbitration Centre (SIAC) arbitration involving allegations of misrepresentation, breach of fiduciary duties and/or breach of contract, and in related Singapore court proceedings for an anti-suit injunction to restrain the counterparties’ breaches of the arbitration agreement.</li><li>A leading oil and gas company in an AU$1.4 billion International Chamber of Commerce (ICC) arbitration involving disputes arising out of the construction of a loading jetty and another marine structure in Western Australia for the extraction and export of liquefied natural gas.</li><li>Several private equity funds in a US$100 million United Nations Commission on International Trade Law (UNCITRAL) arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in a dispute arising out of their investment in a group of companies, and successfully obtaining freezing injunctions against counterparty in numerous jurisdictions including Hong Kong and Singapore. </li><li>A global financial institution in a cross-border internal investigation involving financial misconduct and potential regulatory breaches. </li><li>A Brazilian mining conglomerate in a US$2.5 billion London Court of International Arbitration (LCIA) arbitration and associated High Court litigation clams concerning alleged bribery, corruption, and fraud against its former joint venture partner in Guinea. </li><li>An Italian bank in the English courts in litigation against various Italian municipalities which defaulted on numerous International Swaps and Derivatives Association (ISDA) contracts. </li><li>A global financial institution in an internal investigation and on obligations to the UK regulator.</li></ul>

Yi-Jun Kang

Associate

Nicole Tsui is a litigation associate in Morrison & Foerster’s Hong Kong Office.Her practice focuses on litigation and international arbitration matters on behalf of both local and multinational clients. She has experience in handling complex arbitration disputes in a wide range of industries, including shipping, construction, commodities and finance under the arbitration rules of major institutions such as the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), Hong Kong International Arbitration Centre (HKIAC) and London Maritime Arbitrators Association (LMAA). She has also handled various court proceedings before Hong Kong courts.Nicole is fluent in English, Cantonese and Mandarin.

徐晞彤是美富律师事务所香港办事处诉讼业务部的律师。徐律师主要代表本地及国际客户处理诉讼及国际仲裁事宜。她曾为包括航运、建造、商品及金融等在内的多个行业的客户处理多宗复杂仲裁争议，涉及多个重要仲裁机构规则，包括国际商会（ICC）、联合国国际贸易法委员会（UNCITRAL）、香港国际仲裁中心（HKIAC）及伦敦海事仲裁员协会（LMAA）等。徐律师也曾处理各种香港法院程序。徐律师通晓英语、广东话及普通话。