hanusch-phillip

Philipp Hanusch

Special Counsel
Baker & McKenzie

Biography

Before joining the Firm in February 2015, Philipp 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. Mr. Hanusch has been appointed twice as sole arbitrator in ICC arbitration proceedings. He is a regular contributor to the Firm's moderated arbitration blog.

Representative Legal Matters

  • Represented a service provider for influencer marketing and online presence in proceedings under the 2018 HKIAC Rules.
  • Represented an investment bank against an e-vehicle automotive brand in proceedings under the 2018 HKIAC Rules; the dispute arose out of a financial advisory agreement.
  • Represented a minority shareholder against a PRC company and its parent in two HKIAC-administered proceedings under the UNCITRAL Arbitration Rules and related court proceedings; the dispute arose out of a shareholders agreement relating to a Hong Kong company providing marine heavy transportation services.
  • Advised an Indian subsidiary of a multinational company against an Indian SPV on procedural issues in domestic proceedings under the ICADR Rules in New Delhi; the dispute concerns a large infrastructure project financed by the World Bank.
  • Represented a subsidiary of a HKSE-listed company against a BVI company in proceedings under the HKIAC Rules (Expedited Procedure) and in subsequent court proceedings concerning the setting aside of the award; the dispute arose out of a project management agreement for a luxury residential project in Macau. 
  • Represented a subsidiary of a global pharmaceutical company against a HKSE-listed company in proceedings under the HKIAC Rules; the dispute arose from a Subscription Deed in relation to a pharmaceutical business in the PRC. 
  • Represented a subsidiary of a HKSE-listed company against a PRC-owned BVI company in proceedings under the HKIAC Rules; the joint venture dispute concerns a mining business in Southeast Asia. The arbitration involved emergency arbitrator relief and applications for joinder, and consolidation of two arbitrations.
  • Represented a subsidiary of a HKSE-listed company against a subsidiary of a US company in proceedings under the ICDR Rules in California; the dispute concerned the termination of a joint venture and involved complex substantive and procedural issues arising under California and Hong Kong law. 
  • Represented a Beijing private equity firm against a PRC individual in proceedings under the HKIAC Rules regarding the recovery of a substantial loan. 
  • Represented a Hong Kong firm against a Chinese manufacturer in proceedings under the CIETAC Rules in Beijing.
  • Represented a major UK telco and two of its subsidiaries against 12 respondents in three consolidated proceedings under the ICC Rules in Zurich; the sum in dispute exceeded USD 1.2 billion. 
  • Represented an Austrian utility company (energy sector) against two major German utility companies in ad-hoc arbitration proceedings in Zurich; the dispute arose from an agreement for the financing of a hydropower plant and long-term energy supply.
  • Represented a leading Italian furniture manufacturer against a German company in proceedings under the VIAC rules in Vienna.
  • Acted for a group company of a major French provider of telecom products and solutions against a Czech company in VIAC arbitration proceedings in Vienna.

Professional Associations and Memberships

  • International Bar Association (IBA)
  • Asia Pacific Arbitration Group of the IBA
  • Asia Pacific Forum for International Arbitration (AFIA)
  • Austrian Arbitration Association (ArbAut)
  • The Law Society of Hong Kong
  • Austrian Chamber of Commerce in Hong Kong

Admissions

  • Hong Kong (2009)

Education

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

Languages

  • English
  • German
  • Hong Kong chapter in the Baker McKenzie International Arbitration Yearbook, 2018-2019.
  • “Hong Kong Court grants anti-suit injunction against third party,” Global Arbitration News, July 2019.
  • "Hong Kong Court clarifies when limitation period for enforcing awards starts to run," Global Arbitration News, June 2019.
  • “Landmark development allows interim relief protection in China for Hong Kong arbitrations,” Global Arbitration News, August 2018.
  • “Hong Kong Court of Final Appeal clarifies principles applicable where a party seeks to resist enforcement of an award under the New York Convention out of time,” Global Arbitration News, August 2018.
  • “New Arbitration Provisions Confirm that IP Disputes are Arbitrable in Hong Kong,” Global Arbitration News, January 2018.
  • “Arbitration in Hong Kong – third party funding takes effect,” Global Arbitration News, December 2017.
  • “Hong Kong Passes Law to Allow Third Party Funding for Arbitration and Related Proceedings,” Global Arbitration News, July 2017.
  • “Court of Appeal provides clarification on 'good faith' principle in the context of enforcement of arbitral awards," Global Arbitration News, January 2017.