Raymond C. L. Yang

Arbitration, arbitration-related litigation, and injunction (Hong Kong)

As a qualified solicitor practicing in Hong Kong, Raymond has represented Chinese and international clients in various cross-border arbitrations (institutional or ad hoc) and arbitration-related litigation in the Courts of Hong Kong. The following is a representative list of some of the cases:

• Acted for a Chinese company in an ad hoc arbitration in Hong Kong concerning joint venture contract disputes (the amount involved in the disputes is USD$40 million) with a well-known US beer manufacturer. The arbitration was conducted under UNCITRAL Rules.
• Acted for a Chinese-listed company (on the list of China’s Top 500 Enterprises) in an arbitration filed by a well-known US chemical company concerning disputes over a license agreement. The dispute was related to the design, engineering, construction, and operation of a chemical project, with a total investment of approximately RMB 3.5 billion for the first phase of the project. The dispute involved complex claims for loss and damage, accounting for profits, declaration claims, and an injunction application (the amount claimed was approximately US$20 million). This arbitration was administered by the HKIAC under its Administered Arbitration Rules and was finally settled in favour of our client.
• Acted for an Australian businessman in disputes against a Belgian company concerning a share purchase and shareholders’ agreement, which involved the exercise of a put option and transfer of equity to a third party, with the amount in dispute being approximately US$6 million. The arbitration was conducted under the auspices of the HKIAC in accordance with its Administered Arbitration Rules and was finally settled and concluded in favour of our client.
• Acted for a well-known US-listed technology company that provides crystal furnace equipment and solutions to global solar, LED, and electronics industries in arbitration proceedings concerning an equipment purchase agreement entered into with a Hong Kong company (the amount in dispute was approximately US$40 million). This arbitration was conducted under the HKIAC Administered Arbitration Rules, and the governing law of the agreement was PRC law.
• Acted for a Chinese animal husbandry technology company in an arbitration against an English company in arbitration proceedings concerning disputes over a breeding license and sales agreement and successfully facilitated the settlement between the two companies. HKIAC arbitration, English law.
• Acted for a Cayman Islands company in arbitration proceedings concerning disputes arising from the Hong Kong and Mainland joint venture companies, applying for such orders as conducting a financial audit of the joint venture companies, among other mandatory injunction orders. HKIAC Administered Arbitration Rules applied.
• Advised one of the shareholders of a Cayman Islands company in relation to disputes between shareholders over an agreement for the sale and purchase of Series A preferred shares, a shareholders’ agreement, and US export controls, as well as arbitration before the Hong Kong International Arbitration Centre. The disputes were related to a satellite development project, and the amount involved in this project was about US$250 million.
• Acted for two respondents (a well-known Filipino businessman and a Filipino company) in arbitration proceedings administered by the HKIAC (the amount in dispute was approximately US$30 million) concerning disputes arising from a facility agreement and investment and security agreements and successfully raised a jurisdictional challenge, the result of which was the two respondents being removed from the arbitration proceedings.
• Acted for an Israeli company against a prominent Chinese electrical appliance manufacturer in arbitration proceedings administered by HKIAC concerning disputes arising from distribution agreements.
• Acted for a well-known Hong Kong-listed company in arbitration proceedings concerning an agreement for the acquisition of equity in a gas project in Mainland China (with the amount involved up to hundreds of millions of RMB). The arbitration proceedings were subject to the UNCITRAL Arbitration Rules and administered by the Hong Kong International Arbitration Centre. Upon obtaining an arbitration award in favour of the client, continued to assist the client in applying for enforcement of the arbitration award in the Hong Kong court, opposing the other side’s application to the Hong Kong court to set aside the arbitration award; in the meantime, assisted the client in applying for Mareva and Chabra Injunctions from the Hong Kong court to restrain the opposite party and a third party from dissipating or disposing of their assets.
• Advised a China paper products company on a dispute with a Swedish company in relation to a share transfer agreement and a put option agreement of a joint venture (the amount involved is RMB 350 million) and the intended arbitration at the Hong Kong International Arbitration Centre.
• Acted for a Mainland-listed company in an HKIAC arbitration over an earnest money dispute (the amount involved was RMB 1 billion) in relation to its proposed acquisition of a Hong Kong-listed company and advised the company to oppose the other side’s application for an injunction to restrain the presentation of a winding-up petition.
• Acted for a Hong Kong-listed real estate developer in an application for a pre-arbitration injunction against a Chinese conglomerate in the Hong Kong court in relation to an earnest money dispute arising from a merger and acquisition project (the amount in dispute was HK$200 million) and subsequently represented the company to commence arbitration proceedings in Hong Kong.
• Represented a Chinese financial institution in providing legal advice on a share redemption dispute (the amount in dispute was approximately US$30 million) involving its pre-IPO investment in a VIE entity, as well as overseas insolvency proceedings; Represented the client in commencing arbitration in the Hong Kong International Arbitration Centre and applying for an assets preservation order from a Mainland court under the interim measures arrangement of both Mainland China and Hong Kong, securing the assets of subsidiary companies of Mainland China or entities controlled by the target entity.
• Advised a leading Chinese Internet technology corporation on a pre-IPO share purchase and redemption dispute involving its fintech sector business (the amount involved was over US$2 billion) and advised the client on Hong Kong arbitration, shareholders’ disputes, and overseas insolvency matters.

Energy and investment arbitration

• Acted for a major Chinese state-owned oil corporation in an arbitration over a dispute in relation to a production sharing contract (the amount in dispute was nearly US$2 billion) conducted under the UNCITRAL Arbitration Rules with the seat of arbitration in London.
• Acted for a Chinese company and an individual in investor-state arbitrations involving mineral investments in a Latin American country (the dispute involved hundreds of millions of US dollars).