Katherine regularly advises clients on complex financial disputes, with an emphasis on cross-border disputes. Her commercial litigation/arbitration experience covers general contractual disputes, shareholder disputes, regulatory investigation, contentious insolvency matters and professional services matters.
Katherine has represented clients in international arbitrations conducted under various institutional and ad-hoc arbitration rules including those of HKIAC, UNCITRAL and LCIA. She also advise on regulatory investigations and represents clients in SFC and HKMA matters including defending clients before the Market Misconduct Tribunal.
- Acting for a private equity fund in relation to a complex fund investment (Master-Feeder Structure) and inter-related disputes arising under the various transaction documents including loan agreements, subscription agreements, guarantee agreements and convertible bonds among others. The transaction documents have multiple differing governing law/dispute clauses including Hong Kong law, Swiss law, English law to be resolved in competent courts of those jurisdictions and an HKIAC arbitration clause with Cayman Islands governing law.
- Acting for the PRC largest financial asset management company in a debt recovery action involving taking actions in multi-jurisdictions (PRC, BVI, Cayman and Hong Kong) against the issuers/ guarantors.
- Acting for a Chinese state-owned asset management company in a HKIAC arbitration in relation to the dispute arising out of a shareholders and noteholders agreement.
- Advising a leading PRC commercial bank in a claim in relation to a multi-million dollar loan. The instructions involve extensive cross border and offshore co-operation as the loan is guaranteed by Hong Kong, PRC and offshore entities by way of a series of share charges and personal guarantees.
- Acting for a high net worth individual in a dispute in relation to the client’s commission entitlement under a joint venture. There are parallel proceedings in Australia and in HK. The dispute involves breach of contract, constructive trust based on Pallant v Morgan equity, breach of fiduciary duties and knowing receipt.
- Defending a high net worth individual in two HKIAC arbitrations conducted in Chinese. The dispute involves allegations of fraud, validity of guarantee, negligence, defamation, harassment.
- Advising a subsidiary of a HK listco in relation to its investment under a note.
- Acting for various overseas companies in online fraud cases.
- Acting for a PRC state-owned energy company in respect of its dispute with a foreign petroleum supplier under a long term oil supply contract.
- Defending a PRC state-owned enterprise in a Hong Kong arbitration arising from a dispute in connection with the consultancy fees for power plant projects in Nigeria.
- Acting for an Australian mining and resources company in respect of its enforcement proceedings for a London arbitration for an award arising out from a charterparty agreement.
- Acting for a Japanese contractor in a multi-million dollar dispute with its joint venture partner concerning the second Bangkok International Airport.
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