Philipp Hanusch

Philipp Hanusch

Special Counsel
Baker & McKenzie

Biography

Philipp's practice focuses on international commercial arbitration. Before joining the Firm in February 2015, he worked as an associate for a major Hong Kong law firm for 8 years. Prior to that, he worked for a leading Austrian law firm for 7 years. In 2011, he was appointed legal counsel to the Austrian Consulate in Hong Kong.

Practice Focus

Philipp has represented parties in arbitrations under the rules of Hong Kong International Arbitration Centre (HKIAC), International Chamber of Commerce (ICC), China International Economic Trade Arbitration Commission (CIETAC), Vienna International Arbitral Centre (VIAC), International Center for Dispute Resolution (ICDR), and the UNCITRAL Arbitration Rules. Philipp is on the HKIAC List of Arbitrators and has been repeatedly appointed as sole arbitrator in ICC arbitrations. He is a regular contributor to the Firm's moderated arbitration blog.

Representative Legal Matters

  • Acting for a PRC-listed company against a third party-funded claimant in Hong Kong ad hoc arbitration proceedings. This dispute concerns the termination of two supply agreements and involves jurisdictional issues arising from pathological arbitration clauses.
  • Acting for a PRC state-owned enterprise against multiple claimants in Hong Kong ad hoc arbitration proceedings and anti-suit injunction proceedings. This dispute arose from PRC law governed joint venture agreements and involves complex jurisdictional issues.
  • Acting for a waste management service provider against multiple respondents in proceedings under the 2018 HKIAC Rules. This dispute concerns funding obligations under and termination of a Hong Kong law governed joint venture agreement.
  • Acting for a minority shareholder against a PRC company and its parent in two HKIAC administered proceedings under the UNCITRAL Arbitration Rules and related court proceedings; this dispute concerns a shareholders’ agreement relating to a Hong Kong company providing marine heavy transportation services.
  • Acting for a subsidiary of a HKSE-listed company against a PRC owned BVI company in proceedings under the HKIAC Rules; this joint venture dispute concerns a mining business in Southeast Asia. The arbitration involves emergency arbitrator relief as well as joinder and consolidation applications.
  • Acting for a HKSE-listed company’s subsidiary against a NYSE-listed company’s subsidiary in ICDR arbitration proceedings in California in respect of the termination of a joint venture; this dispute involves complex substantive and procedural issues arising under California and Hong Kong law.
  • Acting for a subsidiary of a HKSE-listed company against a BVI company in proceedings under the 2018 HKIAC Rules (Expedited Procedure); this dispute arose from a project management agreement for a luxury residential project in Macau.
  • Acting for a service provider for influencer marketing and online presence against a European respondent in proceedings under the 2018 HKIAC Rules; this dispute concerns the termination of a service agreement and outstanding service fees.
  • Acting for an Indian producer of crystalline modules for the solar power industry against a Chinese supplier in proceedings under the 2013 HKIAC Rules. This dispute concerned the termination of a long-term supply agreement.
  • Advising an Indian subsidiary of a multinational company against an Indian SPV on complex procedural issues in domestic proceedings under the ICADR Rules in New Delhi; this dispute concerns a large infrastructure project financed by the World Bank.

Professional Associations and Memberships

Philipp is a member of the following:

  • Asia-Pacific Arbitration Group of the International Bar Association (IBA)
  • Asia-Pacific Forum for International Arbitration (AFIA)
  • Delos Dispute Resolution
  • Austrian Arbitration Association (ArbAut)
  • Europe Committee of the Hong Kong General Chamber of Commerce
  • Law Committee of the American Chamber of Commerce in Hong Kong
  • The Law Society of Hong Kong.

Admissions

  • Hong Kong (2009)

Education

  • University of London (LL.M.) (1999)
  • University of Vienna (Mag. iur.) (1997)

Languages

  • English
  • German
  • Hong Kong Court of Appeal confirms presumption against taking bills of exchange into arbitration, February 2022
  • Hong Kong court finds that award which is inconsistent with previous award concerning the same parties is manifestly invalid, November 2021
  • Hong Kong and Mainland China enhance law on mutual enforcement of arbitral awards, March 2021
  • Shanghai court holds that arbitration agreement providing for arbitration administered by SIAC in Shanghai is valid, September 2020
  • Hong Kong Chapter in The Baker McKenzie International Arbitration Yearbook (annually since 2016)
  • Seminar for members of The Law Society Hong Kong on Managing Disputes in Cross-border Contracts (annually since 2016)