Edwina Kwan

Edwina is a Partner in our Sydney dispute resolution practice, specialising in China related cross-border disputes. She represents clients in all forms of dispute resolution including international arbitrations, mediations, intellectual property disputes and commercial litigation. Edwina has extensive expertise covering commercial strategy & negotiations and risk mitigation and advises clients on trade, shareholder, joint venture and IP disputes in the retail, e‑commerce, private equity, telecommunications, construction, energy & resources and international trade sectors.

Edwina has been recognised by Who’s Who Legal: Arbitration as a Future Leader in 2019, 2018 and 2017.

Edwina has acted in various international arbitrations in numerous jurisdictions and all of the principal forums, including CIETAC, SIAC, ICC, HKIAC, ACICA, ICSID, UNCITRAL, SCC, PCA and LCIA.

Edwina is Hong Kong and Australia qualified and has practiced in Beijing, Hong Kong and Australia. Her working languages are English and Mandarin.

Edwina co-founded the China Young Arbitration Group in Beijing and has lectured at Tsinghua University Master of Laws Program in International Arbitration & Dispute Settlement in Beijing, as well as the University of NSW and Chartered Institute of Arbitrators Diploma in International Arbitration.

  • Acting for a major energy and resources company (as one member of a consortium) in a Singapore seated ICC Arbitration (WA Law) in relation to a dispute over termination of an EPC Subcontract for the Ichthys LNG Project in Darwin
  • Acting in in US$24 million SIAC arbitration (English law) against a HK company in relation to an agency agreement dispute regarding the construction of a major clean energy plant in Dubai.
  • Acting for a Vietnamese mining company in a US$150 million SIAC arbitration against an Australian engineering company relating to design defects and delay.
  • Advising Singaporean mining company in relation to SIAC arbitration (Indonesian law) against Indonesian subsidiary of a UK based company relating to operation and offtake rights of Indonesian coal mine.
  • Advising a number of Australian multinationals in relation to their rights against foreign states in respect of regulatory interference with their investments.
  • Advising an Australian mining company regarding rights under the Hong Kong-Australia bilateral investment treaty relating to the then-proposed Carbon Emissions Trading Scheme.
  • Acting for a Chinese State Owned Entity in a multi-million dollar SCC arbitration in Stockholm against a Russian counterparty relating to the design & construction of oil drilling rigs in Iraq (pre-KWM).
  • Acting for PRC company in a CIETAC dispute with a Hong Kong private equity firm in a dispute regarding a US$300 million investment into the restaurant industry in China relating to allegations of accounting fraud and corruption (pre-KWM).

Professional Memberships

  • Law Society of New South Wales
  • Law Society of Hong Kong
  • China Young Arbitration Group (Co-founder)
  • ICC Young Arbitrators Forum, Regional Coordinating Committee (Asia Representative)
  • HK45
  • Australasian Forum for International Arbitration, (China Representative)
  • Australia-China Youth Dialogue (Delegate)
  • BritCham, British Chamber of Commerce, Beijing, Legal Forum (Co-chair)
  • Australia-China Business Council 


Location

Legal insights

A recent NSWSC decision in White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 has revisited the practical application of the “common sense” causation test when considering...

23 September 2019

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