James Kwan is a partner in the Dispute Resolution Practice Group and leads the arbitration practice in Hong Kong. He is recognised in legal directories as “best known for his tremendous skill in energy, infrastructure and construction disputes” (Chambers Global 2011), “’extremely good, quality lawyer’, 'high profile', and 'a very fine practitioner’" (Who's Who Legal UAE 2008), and "singled out for his expertise in arbitration" (Asia Pacific Legal 500 2010/2011). He is cited in Chambers Asia Pacific 2010/2011 as "a professional lawyer who is very meticulous in his work, particularly energy and construction-related matters."

Práctica

Mr. Kwan is experienced in international commercial arbitration and focuses his practice on energy, engineering and infrastructure disputes. He has a broad range of international experience, having represented clients in arbitrations in Asia, the Middle East and Europe under the major institutional rules. He has acted for owners and contractors in arbitrations involving the construction of power plants, petrochemical facilities, airports, rail, and commercial and residential developments.

Asuntos Representativos Legales

• Acting for a Hong Kong-listed Chinese company in a USD50 million arbitration concerning the termination of a 10-year agreement for the production of syringes (HKIAC, Hong Kong).
• Acting for a US-listed company in a USD170 million M&A arbitration (HKIAC, Hong Kong).
• Acting for an Iranian petrochemical company in two arbitrations against a Philippines entity in a shareholders’ dispute (LCIA, London; UNCITRAL, Geneva)
• Acting for Hong Kong’s only steel producer in three arbitrations concerning a casino development (ad hoc, Macau).
• Acting in a successful Dubai International Arbitration Centre (DIAC) arbitration involving disputes arising out of a hospital management agreement (DIAC, Dubai).
• Acting for a Chinese entity in disputes relating to the termination of two petroleum concession agreements in the Middle East (UNCITRAL, Geneva).
• Acting for an energy company in a participating and operating agreement dispute against its joint venture partner in Asia (UNCITRAL, London).
• Acting for a Japanese power company in a USD400 million dispute concerning the construction of a combined cycle power plant in the Middle East (ad hoc, Dubai).
• Acting in a USD200 million ICC arbitration for a Korean petrochemical company in an energy sales agreement dispute (ICC, Singapore).
• Acting for a Middle East developer in a USD90 million DIAC arbitration concerning a shopping centre complex. This involved one of the first applications for injunctive relief arising out of the new DIAC rules (DIAC, Dubai).

Membresías y Asociaciones Profesionales

• Law Society of Hong Kong - Member
• Australasian Forum for International Arbitration - Co-Chair
• ICC Young Arbitrators Forum - Regional Committee Member
• Chartered Institute of Arbitrators - Fellow
• LCIA Arbitration Panel - Member
• DIAC Arbitration Panel - Member
• CIETAC Arbitration Panel - Member

Admisión

England & Wales~United Kingdom (2001)
Hong Kong (2000)
New South Wales~Australia (1997)

Educación

Chartered Institute of Arbitrators  (Diploma International Commercial Arbitration) (2003)
College of Law at New South Wales (1997)
Australian National University  (LL.B. Honors) (1996)
Australian National University  (B.Sc.) (1996)