Richard
Sharpe

Arbitration and litigation
Acted for an international private equity fund in Cayman law governed HKIAC arbitration proceedings (seated in Hong Kong), in connection with a claim against a limited partner of the fund for approximately USD 1bn, for breach of confidentiality. This was one of the first ever significant hearings in the HKIAC, conducted via Zoom.

Acted in ICC arbitration proceedings (seated in New York), and ancillary Hong Kong High Court proceedings in connection with a shareholders’ dispute in Hong Kong, arising from U.S. Chapter 11 proceedings.

Acted for a multinational professional services firm in Hong Kong High Court contempt of court proceedings, arising from a dispute over the enforceability of inter-jurisdictional disclosure obligations.

Acted for an international private equity fund in CIETAC arbitration proceedings (seated in Beijing) in connection with claims of fraud arising from the purchase of a business in the PRC (value in excess of USD 250m) (including conducting the advocacy in the High Court of Hong Kong to freeze more than USD 250m Worldwide).

Advised on international trade finance fraud claims approaching USD 1bn arising out of a multi-jurisdictional insolvency.

Acted for the private equity arm of an international bank in SIAC arbitration proceedings (seated in Singapore) in connection with claims of fraud arising from a direct equity investment in an Indian movie company (value in excess of USD 60m).

Acted for an international bank in three LCIA arbitration proceedings (seated in London) with a combined value of USD 85m, against a Russian-Mongolian SOE and a Mongolian conglomerate in connection with the bank's investment in one of the World's largest copper mines, and fraud arising from the related structured facilities and security arrangements. Also acted in the connected England and Wales High Court litigation relating to separate facilities worth USD 60m.

Extensive advocacy experience of obtaining ancillary relief (in particular Mareva relief) in support of international arbitrations and commercial litigation in Hong Kong.

Investigations
Conducted a wide ranging investigation into FCPA and insider trading allegations in the China real estate business of a New York listed, public company.

Represented the portfolio company of a US private equity company in the first negotiated settlement with the Hong Kong Competition Commission, for cartelling.

Conducted an internal investigation into multi-million US dollar employee fraud in the Hong Kong offices of a SFC and SEC regulated fund.

Conducted an audit committee investigation into fraudulent accounting allegations in a global energy services platform in the Middle East, ultimately owned by a New York listed, public company.

Acted in a 5 year, wide ranging internal investigation and representation of a Chinese telecommunications company (ZTE) in a significant export controls and economic sanctions investigation by the U.S. Departments of Justice, Commerce (BIS), and Treasury (OFAC). This culminated in the largest ever settlement for an export controls violation (USD 1.2bn).

Acted in the representation of the Hong Kong branch of a PRC bank under investigation by the HKMA/ICAC for anti-corruption offences, including being scrambled to the dawn raid on the premises by the ICAC, following which the branch's CEO and 2 other staff members were arrested and prosecuted.

Acted in the representation of an international bank under HKMA regulatory investigation into a widespread banking fraud perpetrated by a member of retail staff (who was arrested and prosecuted), as well as conducting the associated litigation (conducted the advocacy in Hong Kong to freeze USD 26m).

Acted in a regulatory investigation into the theft by staff of a global re-insurer of commercially sensitive IP from a key rival. The case involved interactions with the HKCIB, the UK Financial Conduct Authority and the ICAC, as well as litigation arising.

Acted in an anti-corruption investigation into a MNC's practices in Hong Kong and the PRC, from a FCPA, UKBA, Hong Kong, and PRC law perspective.

Acted in the representation of an international bank under investigation by the SFC into financial services misselling.

Multiple representations of individuals employed by financial institutions and MNCs under investigation by the ICAC.

Defence of financial institution clients criminally prosecuted by Customs and Excise for offences under the Import Ordinance (including conducting Hong Kong Court advocacy) relating to technology imports.