Members of Fountain Court Chambers have extensive advisory, advocacy and appellate experience in Asian commercial business disputes, whether heard in Asia itself, or in London’s courts and arbitral tribunals.
Members of the set have appeared, with leave, before the common law courts in key international dispute resolution centres like Singapore and Hong Kong, up to Supreme Court or Court of Final Appeal level.
They regularly appear before ICC, LCIA, HKIAC, SIAC and ad hoc arbitral tribunals in such countries.
Members’ international experience often crosses over into multiple jurisdictions, enabling a sophisticated approach to be taken to case management; Members have, for example, handled substantial civil fraud claims involving litigation in Singapore, the Cayman Islands and the US arising from a pan-Asian joint venture.
Members are particularly familiar with Chinese disputes, having acted in a number of international arbitration proceedings centred both in Hong Kong, London, or elsewhere.
Such disputes have ranged from those arising in connection with cutting edge telecom technology transfer projects, commodities arbitration involving an electronics manufacturer, or negligent investments by an investment fund that had invested heavily in China.
Transport also features heavily in such claims; Members of the set were instructed by China Southern Airlines in a multi-million dollar dispute arising out of the failed sale of six Airbus A300 aircraft, and issues arising as to the financing of aircraft. The Commercial Court judgment is at  EWHC 2211 (Comm.),  All ER (D) 342 (Jul).
Other Chinese cases include a multimillion aviation dispute arising out of a maintenance contract in China, which – as with many such cases – involved jurisdiction challenges to proceedings in the Commercial Court, and a shipbuilding case in China, acting for a major Chinese bank.
The latter case also involved parallel proceedings in China, where the Chinese courts injuncted any payment under the guarantee, raising interesting and difficult issues on international law, which Members have the experience to field carefully.
Members of the set have also dealt with the insurance and aviation aspects of fatal air accidents, including one in Shanghai in 2009, and are able to master technical evidence concerning the causes of accidents as well as liability for loss and damage arising from such events.
Members of the set are also very active in the Singaporean legal market, where their experience ranges from dealing with a bondholder claim in the Lehman Brothers’ bankruptcy to public law work under statutory powers in Singapore in connection with proceedings involving the Singaporean Government and regulators.
Such work has included advising the regulated sectors extensively in relation to statutory powers and internationally with leading law firms, like Rajah and Tann or Allen and Gledhill in Singapore.
Through the Christopher Bathurst QC Essay competition, Members of Fountain Court aim to sponsor the Singaporean legal fraternity and support young Asian lawyers as they develop their careers.
Members of the set have also sat as arbitrators in SIAC and other arbitrations in Singapore in major investment banking claims- an example of the strong international practice we enjoy.
Hong Kong is also a key centre of interest, where Members have represented one of the SAR’s leading banks, HSBC on a variety of matters. The set has also developed a following in litigating failed investment fund claims, as well as acting for individuals.
Members have advised the Family Office of an ultra-high net worth Hong Kong family in connection with Hong Kong First Instance Court proceedings against a global investment bank for alleged professional negligence and misselling.
Members have also advised the trustees of a major international investment fund in respect of claims made against a leading global asset manager based in Hong Kong for negligence in relation to inappropriately high-risk commercial investments in mainland China.
Similarly, Members have been involved in ongoing litigation regarding the breakdown of a joint venture to invest in the Asian real estate market; a finance dispute involving a London investment bank and a Taiwanese broadband operator, as well as regional matters seated in Hong Kong.
The set has acted for a prominent Filipino company in its multi-million dollar claims against a South Korean manufacturer arising out of a failed joint venture, where the arbitration is due to take place in Hong Kong in 2014.