Kelly Naphtali

Partner Litigation
Kirkland & Ellis

Hong Kong +852 3761 9142

Kelly Naphtali

Overview

Kelly is just phenomenal, She is great for litigation and arbitrations. Extremely reliable.” - Chambers Greater China 2022–2023

Kelly is a partner of the Hong Kong office of Kirkland & Ellis. She has earned a well-deserved reputation for handling difficult commercial and insolvency related disputes, often requiring urgent action to prevent the movement or dissipation of assets. Kelly has worked on litigation and international arbitration claims in jurisdictions including Hong Kong, China, Canada, Japan, Singapore, Korea, Philippines, Australia and throughout the Caribbean. Consequently, Kelly has a wealth of experience in managing and running cross-border claims, including those arising from corporate collapses.

Kelly is especially skilled with urgent applications, including injunctions to freeze assets and obtain books and records, in both court proceedings and international arbitration.

Kelly also has particular experience in asset recovery and tracing, professional negligence, borrower default actions, fund and shareholder disputes.  Her commercial and creative approach, close working relationship with clients and ability to manage large and geographically diverse teams has resulted in the successful and early resolution of numerous difficult disputes.

Kelly’s outstanding practice has received wide recognition. According to Chambers Asia-Pacific 2021, she was recognized as a “well-regarded, really good litigator”, and clients were impressed that she “helps anticipate the other side’s arguments and responses, delivering the point so it is taken more favourably than it might otherwise have been.” She is also named as a “Next Generation Partner” by The Legal 500 Asia Pacific 2024, “Top 100 Women in Litigation” for Insolvency in China and Hong Kong in 2022, “Litigation Star for Insolvency” in 2023 and “Dispute Resolution Star for Insolvency” in 2019 by Benchmark Litigation Asia-Pacific. In 2017 and 2018, she was awarded “Best in Insolvency and Restructuring” at Euromoney Asia Women in Business Law Awards.

Kelly has advised on the following matters:

  • Advising a US bank in case arising out of cross border email fraud, including in successful application for Mareva and proprietary injunctions before the Hong Kong Court, and subsequent enforcement proceedings in Hong Kong

  • Advising a subsidiary of leading investment banking firm in HKIAC arbitration following note default, including successful Emergency Arbitration application against issuer for asset preservation order

  • Advising China Singyes Solar in restructuring of its total US$425 million senior notes due 2018 and 2019 respectively

  • Advising a large North American fund in arbitration proceedings relating to a highly distressed private equity investment of US$200+ million in China following fraudulent transactions, and the subsequent enforcement of the arbitral award in multiple jurisdictions

  • Advising a company on litigation strategy for recovery of an investment in a China-incorporated entity, including filing a court application to freeze assets in Hong Kong in support of proceedings commenced in China

  • Advising on complex professional negligence claims for international accounting firms

  • Advising the Liquidators of companies holding China infrastructure assets on cross-border recovery steps arising from the enforcement of an arbitral award, including Chapter 15 proceedings in the US

  • Advising an international private bank on actions for the recovery of funds following a substantial fraud and theft, including obtaining freezing and tracing orders

  • Advising a minority shareholder on exit strategies to maximize the value of its stakeholding

  • Advising on fund disputes, including claims by limited and general partners involving negligence, breach of contract and breach of fiduciary duty, claims against external advisors, the winding up of funds and the appointment of provisional liquidators

  • Advising on international arbitration proceedings concerning a failed investment involving damages claims in excess of US$1 billion

  • Advising the lenders and security agent in a US$40 million borrower default action, including obtaining freezing orders and the appointment of receivers across three jurisdictions to secure assets

  • Advising a Taiwanese chemical company in relation to a shareholders dispute concerning joint venture businesses throughout South-East Asia

  • Advising a global insurance company in relation to its dispute with an agent involved in the company’s Hong Kong operations

Lipman Karas, 2011–2015

Hogan Lovells, 2005–2010

White & Case, 2003–2005

Clayton Utz, 1999–2002

More

Recognition

“Next Generation Partners”, Restructuring and Insolvency: Foreign Firms – China, Legal 500 Asia Pacific (2021–2024)

“Leading Lawyer”, Dispute Resolution: Litigation (International Firms) – China, Chambers Greater China (2022–2023), Chambers Asia-Pacific (2021)

“Leading Lawyer”, Restructuring/Insolvency (International Firms) – China, Chambers Greater China (2022–2023), Chambers Asia-Pacific (2016–2021)

“Leading Lawyer”, Dispute Resolution: Litigation (International Firms) – China, Chambers Global (2021–2023) 

“Leading Individual”, Dispute Resolution Litigation: Foreign Firms – China, Legal 500 Asia-Pacific (2022–2023) 

“Top 100 Women in Litigation”, Insolvency, China and Hong Kong, Benchmark Litigation Asia-Pacific (2020–2023)

“Litigation Star”, Insolvency, Benchmark Litigation Asia-Pacific (2020–2023)

“Lawdragon 500 Leading Global Litigators”, International Litigation & Arbitration, Lawdragon (2023)

“Global Leader”, Asset Recovery, Who's Who Legal (2022)

“Thought Leader” and “National Leader”, Asset Recovery, Mainland China & Hong Kong SAR, Who's Who Legal (2022)  

“Next Generation Partners”, Restructuring and Insolvency – Hong Kong, Legal 500 Asia-Pacific (2019–2022)  

“Dispute Resolution Star”, Insolvency, Benchmark Litigation Asia-Pacific (2019)

“Best in Insolvency and Restructuring”, Euromoney Asia Women in Business Law Awards (2017 and 2018)

Credentials

Admissions & Qualifications

  • 2003, Hong Kong, Solicitor
  • 1999, Victoria, Australia (non-practicing)

Education

  • Deakin UniversityLL.B.1996
  • Deakin UniversityB.Comm.