Professional Practice

Samuel is an experienced dispute resolver. He practices as a barrister and regularly adjudicates disputes as an arbitrator. His practice covers a wide range of commercial disputes in which the governing law of the contract spans from Hong Kong law, New York law, PRC law and UK law. He also practices as an effective mediator.

Samuel was involved with various task forces including the working group of the Hong Kong Department of Justice for the drafting of the Arbitration Bill and the reform of the law of arbitration in Hong Kong and the ICC Taskforce on the Review of the ICC Arbitration Rules in 2009. He was on the Department of Justice’s Advisory Committee on Promotion of Arbitration.

He regularly gives lectures on arbitration and mediation to professional groups and at universities. He has also written articles that were published in arbitration reviews, contributed a chapter to Arbitration in China – A Practical Guide by Sweet & Maxwell 2004 and authored Hong Kong Arbitration Ordinance 2011- A Guide and Commentary which was published in September 2011. He is on the Editorial Board of Asian Dispute Resolution.

Samuel also has extensive litigation experience in civil and commercial matters in the Hong Kong. He arbitrates as sole and presiding arbitrator in construction, international sales of goods (commodities and metals), insurance, professional negligence, international trade, shipping and China equity joint venture disputes. He was appointed in numerous ad hoc and institutional arbitrations carried out under the rules of CIETAC, other PRC Arbitration Commissions, ICC, HKIAC and UNCITRAL Arbitration rules and has rendered over 80 arbitral and administrative panel decisions. He has also advocated for parties in Hong Kong in ad hoc arbitrations and in FOSFA, LME and ICC arbitrations.

He has mediated and settled various disputes involving incorporated owners buildings management, shareholders’ rights, land, probate, financial products, maritime and charterparties, bank and client and other general contractual disputes.

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Education
Harvard Negotiation Institute (Mediation)
Postgraduate Certificate in Laws, The University of Hong Kong
Master of Business Administration, Harvard University
Master of Arts, Tufts University
Bachelor of Arts, Tufts University
Other Qualifications

Arbitration:
President, Hong Kong Institute of Arbitrators (5 Terms)
Fellow of the Hong Kong Institute of Arbitrators
Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators

Mediation:
CEDR Accredited Mediator
CEDR Trained Mediator Assessor
HKMAAL Accredited Mediator
CEDR Master of Negotiation
ICSID Trained Mediator for Investor State Disputes Resolution

 

Professional Appointments & Memberships

On the current panels of arbitrators of:
– The China International Economic & Trade Arbitration Commission
– South China International Economic and Trade Arbitration Commission/Shenzhen Court of International Arbitration
– Shanghai International Arbitration Center
– The Kuala Lumpur Regional Center for Arbitration (KLRCA re-named AIIC)
– Indian Institute of Arbitrators and Mediators
– Guangzhou, Nanjing and Wenzhou Arbitration Commission
– Hong Kong International Arbitration Centre
– Hong Kong Institute of Arbitrators
– Hong Kong Bar Association
– Arbitration Committee of International Chamber of Commerce, Hong Kong, China (2007-now)

Past panels of:
The Arbitration Commissions of Nanjiang, Wuhan, Dalian, Suzhou, Karamay, Weizhou (Guangdong) of the PRC

Panel of Experts for Domain Name Disputes of the HKIAC

Mediation:
Speaker for the 5th Asia Mediation Association
Shenzhen Court Mediator
Guangzhou Court Appointed Mediator

Publications, Lectures & Seminars

Publications:
Authored – Chapter 23 Real Estate Arbitration in Arbitration in China, A Practical Guide by Sweet & Maxwell 2004
Authored – Hong Kong Arbitration Ordinance Cap 609 of 2011 – A Guide and Commentary
Authored – Articles published in Asian Dispute Resolution including Soybean Contracts and FOSFA Arbitration

Talks:
Talk to members of the Hong Kong Construction Arbitration Center on the new Hong Kong Arbitration Ordinance (Cap 609) on 13 March 2012
Speech “Some Issues and Recent Development” in a Conference on International Arbitration organized by the Hong Kong Academy of Law and the Hong Kong Institute of Arbitrators on 22 May 2012
Seminar to members of the Hong Kong Institute of Engineers on 31 July 2012
Talk on International Arbitration at the Nansha Arbitration Cooperation and Development Forum on 5 December 2012
Talk at APEC Conference in Peru 2016 on Issues in connection with the Commencement of an International Arbitration
Talk on International Arbitration in connection with the “Road and Belt Initiative” in the “兩岸四地法律研讨“ Conference in Ningbo on March 2016
Lectured on Practical Guide to International Arbitration to members of the Jiangsu Lawyers’ Association (2017)
Lectured on Statutory Adjudication in relation to the Security for Payment Legislation for the Hong Kong Institute of Arbitrators (2017)
Lectured IDRA Master Class for International Arbitration conducted under ICC Rules in Hong Kong (2018).
Lectured on Conduct of Arbitral Proceedings (International Arbitration) at the School of Law, City University
Talked to members of the International Chamber of Commerce Hong Kong, the Hong Kong Law Society, the Hong King Institute of Arbitrators on various arbitral topics including “Ex-parte Communication” and “ FOSFA’s Two Tier Arbitration rules”

Selected Cases
Litigation:
Pacific China Holdings Ltd (in liq) v Grand Pacific Holdings Ltd: Setting aside award HCCT 15/2010
Arima v Flextronics: Setting Aside Award HCCT 32/2011
Shanghai Hongri Chemical v Petrochina International (Hong Kong) Ltd: Enforcement of arbitral award HCCT 45/2009
– Pacific China Holdings Ltd v Grand Pacific Holdings Ltd: Removal of arbitrator HCCT 5/2007
Fook Lee Holdings Ltd v Joy Future International Ltd & Anor: Investment in China Youth Card project HK$ 35 million HCA 321/2010
Citibank NA and Leung Ronald: Bank and client dispute – structured products HCA 2683/2008
Re Estate of Mr Henry Fok: Removal of executors, setting aside settlement agreement multi-billion estate of Mr. Henry Fok HCA 2155/2011, HCMP 2621/2011 & CACV 13,16 & 17/2014
BYD (Shangluo) Industry Co Ltd v Solar Power Utility Holdings Ltd: International sales of goods dispute-supply of polysilicon wafers HCA 1428/2011
Skillsoft Asia Pacific Pty Ltd v Ambow Education Holdings Ltd: Licensing disputes HCA 597/2012
– Market Misconduct Tribunal: Defending a specified person in allegation of dealing shares in listed company with market sensitive information (2014): Asia Telemedia Ltd
SFC v Yiu Hoi Ying & Anor: FACV 5/2018 and CACV 154/2016
Mega Honour Holdings Ltd v 李森田 and Ors: Shareholder dispute, acquisition of shares of a Taiwan tech company
Dragon Court Ltd v IO of Nos 33 & 35 Bisney Road: Adverse possession HCA 197/2015
Chan San v Hans Li: Adverse possession of New Territories land HCA 840/2012 & CACV 189/2019
海怡阁业主立案法团 v 泓璟集团公司: Buildings management – breach of DMC: LDBM 64/2011
Partner Decoration Engineering Ltd and Aldo Trading: Main contractor and employer HCA 1199/2005 & CACV 30/2008
TCL Trade Land Co Ltd and Samuel N Co Ltd: right of way HCA 1861/2004
– Settlement Agreement – interpretation of the terms of the Settlement Agreement HCA 275/2016
Festival Walk (2011) Ltd v Director of Lands HCMP 2722/2015
Lee Bing Fai Stepehen v Hong Kong Automobile Association: Sports arbitration dispute HCA 25/2015
Sun Legend Investment Ltd v Ho Yuk Wah, David & Ors: Claim by developer against solicitor for mis-appropriation of proceeds: HCA 1212/2002 & CACV 242/ 2009
COFCO Resources Pte Limited and Shenzhen Cereals Group Co Ltd: enforcement of arbitration award – time bar under the Limitation Ordinance (Cap 347): HCCT 9/ 2018
Wesoft Nationmark Limited v Nationmark (HK) Ltd: shareholders dispute-HCA 724/2019 & HCA 1317/2019: security for costs, third party discovery etc: ongoing
Xue Xiaoyun v Susan Yung & Anor: Negligence of senior staff/ vicarious liability of employer – dissipation of client’s money in the course of remittance HCA 2526/2018
International Arbitration:
– Chair: Sales of Goods dispute concerning 53,000 tons of Indonesian Coal (2012)
– Arbitrator: Cooperation Agreement – Mexican iron ore (2012- 2013)
– Arbitrator: Sales and Purchase Agreement for multi-crystalline silicon wafers – quantum of the claims about USD 100 million (2012-2013)
– Arbitrator: (CIETAC Shanghai Arbitration): enforcement of a share purchase agreement in which the Claimant sought specific performance of the agreement to transfer controlling share of a suite of three company, including a mining company listed on the Peruvian Stock Exchange (2013)
– Arbitrator: (CIETAC Beijing Arbitration -ICC Rules): Equity interest in a telecommunications company; entitlement of the claimant to dividends – amount of the claim RMB 248 million (2013)
– Arbitrator: (KLRCA, Kuala Lumpur): Dispute arising from alleged breach of Shareholders Agreement (2013)
– Arbitrator: (HKIAC Administered Arbitration): Sale of business – Management Agreement – Alleged breach of the terms of the Management Agreement (2015)
– Arbitrator: (Ad Hoc Arbitration under UNCITRAL Arbitration Rules) – Insurance Claim disputes (2016)
– Arbitrator: (Ad Hoc Hong Kong Arbitration) – Car Parking licensing and transfer of business disputes (2016)
– Arbitrator: (Ad Hoc Arbitration under UNCITRAL Arbitration Rules) – Shareholders’ Agreement disputes – escalator and components business (2017)
– Arbitrator: (Ad Hoc Arbitration under UNCITRAL Arbitration Rules) – Satellite licensing disputes (2017)
– Arbitrator: (HKIAC Administered Arbitration Rules) – Property Development (PMA) disputes in Macau (2018)
– Arbitrator: (HKIAC Administered Arbitration – expediated procedure) – Macau Property development – management contract dispute (2018)
– Arbitrator: (HKIAC Administered Arbitration) – Agreement to invest and loan dispute – intellectual property transfer (2019)
– Arbitrator: (HKIAC Administered Arbitration) – commodity trading dispute – coal (2019)
– Arbitrator: (SCIA Arbitration and Rules) – health products contract (2019)
– Presiding or Sole or Co-Arbitrator in numerous PRC arbitrations under the rules of arbitration of CIETAC, SCIA, SHIAC, Guangzhou, Dalian and other arbitration commissions.
– Ongoing arbitrations include HKIAC/A22060-22061 & HKIAC/A22076
– Represented in Investor State Arbitration against Finland
Domain Name Disputes:
Adjudicated more than 60 domain name (.com, .cn, .hk) disputes involving:
– “.cn”: Ali Baba, Chelsea Football Club, Inter IKEA systems, Lockheed Martin Corporation, Morgan Stanley, Novartis, Sotheby, Wal-mart, Wynn Resorts, Anheuser- Busch, Assab
– “.com”: BASF, Caterpillar, Essilor, Honeywell, Hugo Boss, Rimova, Swatch, Universal City Studios, Tencent