We understand the economy of any dispute to business. Success requires sound strategy, which means limiting the cost of conflict whilst defending existing positions.
We believe in the use of creativity and timing to build momentum in litigation, with judicious use of injunctive relief and expedited discovery. We believe adopting a sound flexible offensive strategy in any given conflict is the key to winning. Timely revisit of a given strategy throughout the litigation process is a practiced discipline. We do recognise clients’ interests may at times be better served by first turning to negotiation or mediation.
In all litigation, our objective is to achieve the desired outcome for our clients as quickly and efficiently as possible.How we can help
- Decision on which court or authority to lodge a claim in the PRC
- Choice of the use of alternative dispute resolution methods
- Management and strategy in multijurisdictional dispute / litigation
- Contest or enforce judicial decisions and arbitration awards
- Office capabilities of the firm include:- Arbitrator of CIETAC of PRC, the Shenzhen Arbitration Commission of PRC and the Hong Kong International Arbitration Centre
- Specific areas where we handle and advise on a regular flow of multijurisdictional disputes:-
Banking and securities
Construction
Employment
Technology
Energy
Environmental law
Insolvency
Intellectual property
International trade
M&A
Real estate
Telecommunications
White collar crime / law enforcement investigation
Representative experience
Shareholders and Partnership Disputes- Lead counsel to the majority shareholder of a US based multi-level selling company with operations in Greater China and Asia in defending claims against officers’ liabilities and winding up petition by minority shareholders. Devised worldwide strategy for defence, coordinated multi-forum litigation and secured discharge of asset preservation orders and settlement
- Counsel to board of listed companies on criminal investigation against senior management
- Counsel to listed luxury brand in their cooperation with ICAC in Hong Kong on bribery offences against suppliers, preserving client’s position with disclosure requirements
- Represent real estate developers in tax appeals and board of review hearings charges for profits tax arising from sales, devise strategy and defence
- Counsel to multi-national snack food group in defence and negotiation of tax charges in PRC in connection with value added tax and regulatory issues concerning invoicing and collection arrangements with distributor, finalise compromise with tax bureau and obtain release of products and agreement as to future practice
- Secure customs raids in Hong Kong against counterfeit of computer accessories of a Japanese household brand, worked with Hong Kong police to successful criminal prosecution of directors of counterfeit vehicles
- Represent NEC in administrative raids against protectionist concerns
- Counsel to Esquel Garment Group in succeeding in defending a patent infringement claim by TAL Apparel Limited in US District Court Proceedings at Seattle and ITC proceedings. Our patent litigation team counseled Esquel on pro-active strategy on invalidity and unenforceability. Esquel obtained a Findings of Facts and Conclusions of Law in its favour in March 2007
- Represented Jaguar Cars Limited (“Jaguar”) in successfully obtaining the first-ever pre-action injunction order by Beijing Intermediate Court (“BIC”) for infringement of Jaguar’s well known trademark and forgery of licensing document. These are unprecedented injunctions
- Successfully secure relief of product recall for a range of consumer product on labeling issues
- Represent US manufacturer of construction materials on product liability, negotiate with PRC claimants and manage settlement
- Defend US food manufacturer against product liability claims, securing strike our orders
- Counsel to real estate developers against the main contractor in arbitration of construction disputes
- Act for a major insurer in Hong Kong in arbitral proceedings with insured on scope of indemnity
All warfare is based on deception.
- Sun Tzu.