Jacky Fung

Since joining Kirkland, Jacky has worked on the following matters:

• Acting for the respondents, a large Chinese private equity fund with a focus on investment in technology and energy businesses, in relation to an ongoing dispute (with claims and counterclaims) with its partner on the acquisition of automobile business arising out of a partnership agreement under HKIAC arbitration proceedings and parallel court proceedings in Hong Kong and Cayman Islands. The underlying transaction value amounts to approximately USD 1 billion. He is the lead associate in this arbitration, and has successfully defended all of the interim applications in the course of the proceedings including a security for costs application and an emergency arbitration application seeking a freezing order over the respondents with almost full legal costs awarded. Recently, he prepared for and concluded two virtual hearings spanning across 12 days in the HKIAC amid COVID-19.
• Acted for the claimant, a large north American pension fund, in relation to a highly distressed private equity investment of USD 200 million in China following fraudulent transactions under HKIAC arbitration proceedings and enforcement proceedings following the issuance of the arbitral award. Full damages and legal costs were awarded.
• Acting for the claimants, USA software design companies, to bring claims against the respondents, wireless telecommunication companies based in the PRC, for breach of contract arising from unauthorized use of software under HKIAC arbitration proceedings.
• Acting for a high net worth individual to contest the enforcement of a PRC award in Hong Kong and other related enforcement proceedings in Hong Kong.
• Acting for liquidators to recover divested assets in Hong Kong Court.
• Advising on professional negligence claims for international accounting firm in Hong Kong Court.
• Advising clients on the enforcement of arbitration award before Hong Kong Court.
• Regularly advising commercial parties on the drafting of dispute resolution clauses (including the choice of seats and institutional rules).

Prior to joining Kirkland, Jacky has advised on the following:

• Acted for the claimant, an international bank, for breaches of representations and warranties arising out of the share purchase agreement under ICC arbitration proceedings. Full damages and legal costs were awarded.
• Defended the Islamic Republic of Pakistan in an ICSID investment treaty arbitration arising out of a copper and gold mine located in Pakistan as well as in related ICC arbitration proceedings.
• Acted for the claimants, 2 multi-national oil companies, against the government of an Asian country for a challenge against the arbitral award under sections 67 – 69 of the Arbitration Act 1996 in the English court.

Allen & Overy