Edmund Wan

Partner

Hong Kong, China Hong Kong SAR

Edmund Wan is a partner in the Hong Kong office of King & Wood Mallesons. He has a broad disputes practice involving construction, commercial, banking and finance, insolvency, competition and employment, frequently with cross-border issues. He is experienced in conducting litigation, arbitration and mediation in these areas.  He is also a CEDR Accredited Mediator.

In relation to construction disputes, Edmund advises contractors, consultants and developers/employers on building and infrastructure projects in Hong Kong and around Asia, including conducting mediations, conciliations, arbitrations and litigations. He advises on all aspects of construction, including project documentation and drafting, project management issues, safety and environmental regulations, and negotiation and management of claims and disputes.

In relation to commercial disputes, Edmund advises a wide variety of clients in commercial mediation, arbitration and litigation involving private equity investments, distribution agreements, manufacturing and supply contracts, assessment of land premium, breach of good faith, rights issues, placing and underwriting of shares, shareholders disputes, conversion of personal property, general contractual disputes and professional services matters.

In relation to insolvency, Edmund advises on companies winding up, bankruptcy, receivership and restructuring matters.  He advises banks and financiers in enforcing loans, distressed companies on restructuring and liquidators, receivers and bankruptcy trustees in recovering assets.

In relation to competition, Edmund has represented the Hong Kong Competition Commission in cases before the Competition Tribunal and related appeals concerning serious anti-competitive conduct, pecuniary penalties, and admissions of liability by respondents.  He has also advised companies and businesses on competition law compliance.

In relation to employment, Edmund has primarily advised employers on matters concerning breach of restrictive covenants, termination, summary dismissal, discrimination and employment contracts. He has also advised and acted for employers on employment disputes in the labour tribunal and in the High Court.

Edmund is a Contributing Editor of Chitty on Contracts, Hong Kong Specific Contracts, a co-author of Arbitration in Hong Kong - A Practical Guide, and a co-author of Commercial Litigation in Hong Kong - A Practical Guide

Representative Experience

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  • Contractors in relation to the Taiwan High Speed Rail Project in conciliations and arbitrations.
  • A developer of a residential building in an arbitration against the main contractor, and advising the same developer on complaints and claims from purchasers.
  • Macanese casino on disputes against the contractor with arbitration in Hong Kong and litigation in Macau running concurrently.
  • A PRC State-owned enterprise on a mining contract dispute in Australia.
  • A major US bank on a complex multi-party arbitration in Hong Kong concerning loan defaults and contractual disputes on a real estate project in the PRC.
  • A multi-national mining company in relation to enforcement of a London arbitration award in HK and PRC.
  • The Hong Kong Association of Banks in relation to the Hong Kong Government's consultation on the setting up of the Financial Dispute Resolution Centre.
  • A PRC state-owned enterprise in an arbitration in Hong Kong concerning power plants in Africa.
  • A PRC battery manufacturer in an arbitration against a US company concerning battery chemistry and a global product recall.
  • A university in Hong Kong in an arbitration against the foundation contractor in respect of campus expansion works.
  • A BVI company in an arbitration concerning breaches under a Sale and Purchase Agreement of shares in a company which owns a major commercial development in Nanjing, and corresponding breaches in the shareholders agreement.
  • A Japanese financial institution against its Mainland Chinese and Hong Kong partners in an arbitration in Hong Kong for breaches of a Limited Partnership Agreement concerning a fund set up under the Qualified Foreign Limited Partnership programme in Shanghai, with related proceedings in the PRC. 
  • A PRC SOE in an arbitration concerning default in payment of notes issued by a Singaporean company.
  • A PRC asset management company in a multi-party arbitration concerning breaches of an investment agreement including a failure to proceed to IPO within the prescribed time.
  • A foundation subcontractor in an arbitration against the main contractor in a residential development in the New Territories Hong Kong.
  • A foundation contractor in an arbitration against the developer in an industrial development in Hong Kong.  This included obtaining an interim measure from the arbitrator to restrain the developer from proceeding with a proposed land exchange with the Hong Kong Government.
  • Representing a top university, the Respondent in an arbitration and a subsequent appeal in the High Court of Hong Kong.
  • Acted for a Hong Kong developer in an appeal in the High Court against an arbitration award in relation to the arbitrator’s decision on the liquidated damages claim.

  • Bank of China Limited in bankruptcy proceedings against Pan Sutong and in a winding up petition against Proman International Limited (an indirect wholly-owned subsidiary of Goldin Properties which was ultimately controlled by Pan Sutong), and including all related appeals.
  • A major US bank on loan defaults in relation to various real estate projects in the PRC and Asia, and advising on enforcement options.
  • The Hong Kong liquidators of a listed company to seek recognition and assistance of the liquidators powers in Mainland China, and to enforce intellectual property rights.
  • The liquidators of Ozner Water to seek recognition and assistance of the liquidators’ powers in Mainland China (Shenzhen and Shanghai), and obtained orders from the Hong Kong Court for letters of request to be issued to the Shenzhen and Shanghai Courts.
  • The bankruptcy trustee of a high-net-worth individual to recover over HK$700 million in assets his wife (via BVI Trust) and negotiated a settlement with a public company of which the bankrupt had been the former chairman in relation to ongoing cross-claim proceedings between the parties.
  • Medicor Medical Supplies N.V. in the compulsory liquidation of MGT Nemoto International Limited in a dispute on the liquidators’ adjudication of the creditor’s claim.
  • Axis Bank and the receivers in a challenge by the borrower against the appointment of receivers.
  • Olympus Summit, Sonic Robust and the receivers in a challenge by the chargors against the validity of the share charge and the appointment of receivers, and related appeals.
  • The liquidators of an online platform providing services for buying and selling goods from third party sellers in the sale of assets and court proceedings to convert a compulsory liquidation into a voluntary liquidation.
  • The liquidators of a Hong Kong company focused on operating hospitals in China. The company had filed a winding-up petition on 2 August 2017. The liquidator gained control of the company and initiated a lawsuit in the PRC to void an unauthorized transfer of the company's assets in the PRC. In Hong Kong, we assisted in the commencement of recovery litigation in the PRC and in advising and designing strategies in Hong Kong for asset recovery and all other supporting steps in the winding-up process.
  • The liquidators of a diamond trading company in all aspects of the winding-up, including taking control of assets (diamonds), recovery of assets, dealing with various other issues arising therefrom, and in examining former customers under the Companies Ordinance and launching proceedings against former directors, officers and other parties. 

  • Bank of Communications Trustee Limited in High Court Actions against the issuers and guarantor of various series of bonds issued by the China Energy Reserve and Chemicals Group, including all related appeals.
  • Acted for a Hong Kong company in a dispute relating to a sale and purchase agreement in the High Court.
  • Acted for Nexperia B.V. in a number of High Court Actions against its distributors for breaches of distribution agreements.
  • Acted for Hidili Industry in a HKD1.28 billion High Court litigation against Blackrock regarding unusual voiding of a conversion notice of convertible bonds.
  • Acted for a major Taiwanese business on recovery of defrauded assets held by various HK and BVI entities and taking actions against former directors in HK for breaches of fiduciary duties.
  • Acted for QFI Limited (a Hong Kong company) in defending a claim by Taishin International Bank Co. for over JPY190 million in relation to foreign exchange transactions.
  • Represented Top Dollars Development Limited in Court resisting injunction application and defending the underlying Court action. This is a construction dispute involving a luxurious residential development in Hong Kong.
  • Acted for various directors in a derivative action by a minority shareholder of a Hong Kong company majority owned by a Singapore listed company.
  • Acted for directors and shareholders of a rice import business in an unfair prejudice winding up action.

  • Representing the Hong Kong Competition Commission in three enforcement actions before the Competition Tribunal.
  • Provided competition law compliance training and advice for a number of companies and trade associations in Hong Kong.
  • Acted as Independent Compliance Advisor to a company found to have been in breach of the First Conduct Rule of the Competition Ordinance and prepared a compliance report to the Competition Commission.

  • Acted for an international insurance brokerage against an ex-employee concerning termination and breach of restrictive covenants, commencing High Court action against the ex-employee.
  • Acted for an international consultancy on the termination of employment of its global president.
  • Advised a multi-national company on its redundancy programme due to the closing of its business in Hong Kong.
  • Advising various employers on employment agreements and other employment issues.

Qualifications

  • 1993: Bachelor of Science (Hons) in Chemistry - University of Bristol, England
  • 1994: Postgraduate Diploma in Law - BBP Law School/Nottingham Trent University, England
  • 1995: Postgraduate Diploma in Legal Practice - BBP Law School/Nottingham Trent University, England
  • 1997: Admitted as Solicitor of the High Court of Hong Kong
  • 1998: Admitted as Solicitor of the Supreme Court of England and Wales

Professional memberships

  • Member of the Law Society of Hong Kong.
  • Associate Member of the Hong Kong Institute of Arbitrators.
  • CEDR Accredited Mediator
  • Former Chairman, Society of Construction Law Hong Kong

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