Arbitration

Practice Areas

David's arbitration practice focuses on disputes arising from international commercial transactions in the following areas:

Representative Appointments

Appointed as chairman, sole arbitrator, co-arbitrator, or panelist in over 300 cross-border arbitration references and internet domain name disputes, including ICC, HKIAC, SIAC, and ICDR administered and ad hoc proceedings. The following is a selection of arbitration appointments.

• Co-arbitrator in a Hong Kong-seated arbitration involving breach of a shareholder agreement due to the failure to achieve a Qualified IPO for a Cayman Islands-based auto parts company. HKIAC Administered Arbitration Rules and Hong Kong law. Amount in controversy: US$218,000,000.
• Sole arbitrator in a California seated dispute involving a pre-IPO semiconductor technology company. Claims and counterclaims for breach of contract and fiduciary duty, financial embezzlement, and manipulation of the Board of Directors. ICDR Rules and California law.
• Co-arbitrator in a California seated dispute between US and South Korean parties for alleged breach of contract arising under a Supply Agreement for lithium-ion battery storage products. ICC Rules and California law. Amount in controversy: more than US$200,000,000.
• Co-arbitrator in a Hong Kong seated dispute arising out of a fintech venture capital investment through a Cayman Islands SPV in a centralised cryptocurrency exchange. UNCITRAL Rules and Hong Kong law. Amount in dispute: US$100,000,000.
• Presiding arbitrator in a Singapore-seated dispute between Asian parties arising out of a trademark license agreement for consumer electronics. New York law. SIAC Rules. Amount in dispute: more than US$100,000,000.
• Emergency Arbitrator in a Hong Kong seated shareholder dispute between P.R. China and offshore parties arising out of a corporate restructuring agreement. Hong Kong law. HKIAC Administered Arbitration Rules. Amount in dispute: more than US$100,000,000.
• Co-arbitrator in a Hong Kong seated dispute between a UK telecommunications company and a Chinese telecommunications VAS provider for breach of an acquisition agreement. ICC Rules. Amount in controversy: US$110,000,000.
• Sole arbitrator in a Hong Kong seated dispute between Asian parties arising out of a bond instrument, promissory note and call option agreement. Hong Kong and PRC law. HKIAC Administered Arbitration Rules. Amount in controversy: at least US$107,000,000.
• Co-arbitrator in a Hong Kong seated ad hoc arbitration between U.S. and Chinese parties involving a failed acquisition agreement and telecommunications and IP licensing issues. Chinese law. UNCITRAL Rules. Amount in controversy: US$80,000,000.
• Co-arbitrator in a Hong Kong seated arbitration involving alleged breach of a license agreement, infringement of semiconductor IP and misuse of EDA software in manufacturing telecommunications networking equipment. HKIAC Rules and California law. Amount in controversy: US$38,000,000.
• Co-arbitrator in a Hong Kong seated arbitration involving claims for infringement of Standard Essential Patents (SEPs) and royalties at FRAND rates. The arbitration clause required all three arbitrators "shall be fluent both in English and Chinese." HKIAC Rules and California law.
• Sole arbitrator in consolidated Singapore seated arbitrations involving an asset manager and various asset holding SPVs alleging breach of investment advisory agreements and misappropriation of IP by an Indian real estate advisory firm. SIAC Rules and Singapore law. Amount in controversy: S$30,000,000.
• Sole arbitrator in a Singapore seated dispute between Norwegian and Maltese claimants and a Singaporean software engineering company arising out of professional services agreements requiring payment in cryptocurrency tokens. SIAC Rules and Singapore law. Amount in controversy: US$18,000,000.
• Co-arbitrator in a Macao seated dispute between Macanese and Indochinese parties concerning a gaming joint venture. SIAC Arbitration Rules. Amount in controversy: US$200,000,000.
• Co-arbitrator in a Singapore seated dispute between Bermudan and Indonesian parties arising out of an agreement for the sale and purchase of telecommunications equipment. Singapore law. SIAC Arbitration Rules. Amount in controversy: US$17,000,000.
• Co-arbitrator in four Hong Kong seated references between a Singapore claimant and Asian and offshore respondents alleging breach of a share purchase agreement and related guarantees. UNCITRAL Rules. Amount in controversy: US$15,000,000.
• Co-arbitrator in five Singapore seated references by a U.S. based securities broker alleging breach of customer agreements by multiple Asian respondents. ICDR Rules. Amount in controversy: US$15,000,000.
• Co-arbitrator in a Singapore seated dispute between Asian parties arising out of various hotel management agreements. SIAC Arbitration Rules. The arbitration agreement required the arbitrators "shall have experience of the hospitality industry". Amount in controversy: US$15,000,000.
• Co-arbitrator in a dispute seated in Toronto over a trademark licensing and product distribution agreement for water treatment technologies. ICDR Rules. Amount in controversy: US$12,000,000.
• Co-arbitrator in a Hong Kong seated dispute between Middle Eastern and Hong Kong parties about the sale and purchase of shares of a UK consumer digital electronics manufacturer. HKIAC Rules and Hong Kong law. Amount in controversy: €10,000,000.
• Appointed President upon joint nomination by the co-arbitrators in a Seoul seated dispute between Asian parties arising out of an ERP/CRM software licensing agreement. Korean law. ICC Rules. Amount in controversy: US$9,000,000.
• Sole arbitrator in a Hong Kong seated dispute between a telecommunications equipment manufacturer and an insurer under a professional liability insurance policy. HKIAC Domestic Arbitration Rules. Amount in dispute: more than US$10,000,000.
• Jointly designated sole arbitrator in a Singapore seated videogame licensing dispute between California and Hong Kong parties. Singapore law. SIAC Arbitration Rules. Amount in controversy: US$8,000,000.
• Presiding arbitrator in a Singapore seated dispute between Indonesian and Singaporean parties about licensing media rights to broadcast digital streaming entertainment over various technology platforms. SIAC Rules and Singapore law. Amount in controversy: US$8,000,000.
• Presiding arbitrator in a Hong Kong seated dispute involving the alleged misappropriation of computer software, trade secrets and IP between Swedish and P.R. China parties. HKIAC Rules and German law. Amount in controversy: US$6,000,000.
• Sole arbitrator in a Hong Kong seated dispute between Japanese and Chinese parties arising out of agreements for the sale and purchase of precision scientific equipment. Hong Kong law. HKIAC Administered Arbitration Rules. Amount in controversy: US$5,000,000.
• Sole arbitrator in a trademark licensing dispute seated in Hong Kong between Dutch and Chinese parties pertaining to the manufacture and distribution of luxury clothing and household furnishing products. ICC Rules. Amount in controversy: €4,500,000.
• Sole arbitrator and Chairman, respectively, in two related Hong Kong seated proceedings involving a trademark licensing dispute pertaining to a luxury hotel brand in China. The arbitration agreement required the arbitrator be "bilingual in both Chinese and English". HKIAC Administered Arbitration Rules. Amount in controversy: US$3,500,000.
• Emergency Arbitrator in a Singapore seated dispute involving the alleged misappropriation of cryptocurrencies by the operator of a Bitcoin mining pool and off-chain digital wallet platform. SIAC Rules. Amount in dispute: US$2,000,000.
• Emergency Arbitrator in a Singapore seated arbitration by a Southeast Asian casino operator seeking injunctive relief for the alleged misappropriation of trade secrets by a former employee. SIAC Rules and Singapore law.
• Jointly designated sole arbitrator in a Hong Kong seated dispute between a New Zealand purchaser of leveraged off-chain digital tokens and an on-line cryptocurrency exchange. HKIAC Administered Arbitration Rules and Hong Kong law. Amount in controversy: approximately US$1,000,000.
• Chairman in a dispute seated in Singapore between Australian and Malaysian parties to a software distribution and trademark licensing agreement. The arbitration agreement required the arbitrator "must have recognized expertise in information technology". SIAC Rules. Amount in controversy: US$600,000.
• Sole arbitrator in a Colorado seated dispute between California and P.R. China parties alleging breach of an agreement to settle patent infringement claims in connection with U.S. sales of consumer electronics products. Colorado and United States law. AAA Commercial Arbitration Rules.

In addition, David has rendered more than 300 administrative panel decisions in internet domain name disputes, both in English and in Chinese. See Domain Disputes.