Nichole Hou

Nichole Hou

Nichole specialises in commercial litigation/arbitration, regulatory investigations and commercial crimes.

Nichole has extensive experience in international commercial and investment disputes, including shareholders and joint venture disputes, fraud claims and insolvency and restructuring. Much of her work involves cross-jurisdictional disputes representing clients such as listed companies, financial institutions, funds, international corporations or high net worth individuals.

She also has a focus on regulatory investigations and contentious regulatory matters. These include proceedings in the Market Misconduct Tribunal, court proceedings, SFC, ICAC and police investigations. One of her Market Misconduct Tribunal cases was awarded “Deal of the Year” by Chinese Business Law Award 2017 and “Matter of the Year” by Asialaw Asia-Pacific Dispute Resolution Awards 2017.

Nichole is fluent in English, Cantonese and Mandarin.

Representative experience

  • Represented and successfully defended the ex-Chairman of CITIC Limited in the SFC’s enforcement action into alleged publication of false and/or misleading information, including Market Misconduct Tribunal hearing and recovery action brought by the SFC in the High Court on behalf of the investing public.
  • Represented a major power and utility company (affiliate of a conglomerate ranked under 320 on the Fortune Global 500 list 2017) in an arbitration against a government on interpretation of a highly complex and technical agreement where the value in dispute is in the tune of HKD1 billion.
  • Represented an Asian affiliate of a US-based major private equity fund regarding its investment project in China of over RMB150 million and claiming against the shareholders for breach of investment agreement and shareholders agreement, and taking control of the corporate structure in BVI, Hong Kong and China.
  • Represented a subsidiary of a company listed in Helsinki and Stockholm in ex parte urgent injunction and bankers trust order applications in relation to a fraud claim and suspected bribery, with parallel actions in Mainland China.
  • Represented a state-owned bank (one of the three policy banks) in China in a highly complex commercial fraud case and advising on Norwich Pharmacal applications and asset tracing in multi-jurisdictions including Czech Republic and US where the claim is over RMB18.5 billion.
  • Represented a high net worth individual in High Court proceedings against an ex-chairman of a listed company in Hong Kong to enforce a CIETAC award of over USD33 million, and acting for trustees-in-bankruptcy in related bankruptcy proceedings in worldwide asset investigations and High Court proceedings to set aside an undervalued transaction.
  • Represented a former chairman and CEO of a listed company (ranked under 1,200 on Forbes Billionaires List 2011) in relation to cross-border regulatory investigations in China, Hong Kong, Singapore and Macau of allegations concerning publication of false and misleading information and fraudulent or deceptive act in respect of the initial public offering.
  • Represented an associate company of a bank listed in Shanghai in court proceedings in Hong Kong and BVI for registration and/or enforcement of PRC judgments of over RMB300 million and taking subsequent enforcement actions by way of disclosure order against banks, garnishee proceedings, charging order and order for sale applications.
  • Represented an entertainment company listed in Korea in a High Court action, in conjunction with various proceedings in Korea and China, against a celebrity concerning a breach of exclusive management/agency agreement.

Location

Legal insights

We explain that in MMT proceedings, the SFC does not bear any burden of proof, and that the standard of proof is on a balance of probabilities.

13 March 2020

We discuss two significant recent insolvency law judgments given by the Hong Kong courts.

23 December 2019

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