Arbitration

Sonny Payne has represented parties in arbitration proceedings in Hong Kong, Singapore, Japan and the Middle East involving disputes arising out of a variety of projects and agreements, including:

  • engineering projects
  • new building projects (casinos, luxury private developments etc.)
  • building refurbishment projects
  • sour gas pipeline projects (both on-shore and off-shore)
  • solar power projects
  • defective electronic equipment
  • long-term distributorship agreements
  • convertible notes
  • share sale and purchase agreements

Since cofounding our firm in November 2017, Sonny has advised and acted for:

  • Private equity fund in HKIAC arbitration proceedings in Hong Kong concerning a dispute over milestone payments under a share sale and purchase agreement for the development of a specialist lung diagnostic medical device
  • Hong Kong listed construction company in arbitration proceedings in Hong Kong against a sub-contractor involving HK$700 million (approx.) of claims arising out of works associated with the Hong Kong to Guangzhou Express Rail Link project. The claims were primarily concerned with unforeseen ground conditions, variations, delay and disruption, as well as alleged unlawful termination of the sub-contract and subsequent claims of conversion in relation to the sub-contractor’s constructional plant
  • Macau construction company in arbitration proceedings in Hong Kong against a nominated sub-contractor arising out of a HK$12 billion casino project. The claims were concerned with the installation of the mechanical and electrical services within the casino and involved issues of liability as and between the various sub-contractors for approximately HK$70 million of damage and abortive works incurred during the fitting-out works
  • Property Developer in a HK$80 million dispute over a luxury property development in Hong Kong
  • Hong Kong sub-contractor on claims against an incorporated owner arising out of a HK$50 million building refurbishment contract
  • Hong Kong contractor in arbitration proceedings in Hong Kong arising out of a building refurbishment contract

Sonny was a special counsel at Baker Botts (2015 to 2017) and associate at Jones Day / K&L Gates (2010 to 2015). During that time, he represented clients on the following matters:

  • Hong Kong contractor on claims arising out of design issues associated with a HK$8 billion contract for viaducts
  • Qatari natural gas company in a US$2.5 billion dispute arising out of offshore sour gas pipelines. The claims primarily involved liability in respect of two catastrophic failures in the pipelines and the issue of whether the pipelines were fit for purpose as a result of defective welds
  • Korean chaebol in a successful appeal to the Court of Final Appeal involving the interpretation of a contract associated with dredging works for a new container port
  • Mainland Chinese contractor in Singapore arbitration under ICC Rules against a Vietnamese-Japanese joint venture cement production company to recover claims and damages arising out of the construction of a cement processing plant in Vietnam
  • Hong Kong listed energy company with mining assets in the PRC in arbitration proceedings in Hong Kong (under the UNCITRAL Rules) against a large PRC steel-making company in respect of a HK$300 million claim arising out of a convertible notes sale and purchase agreement
  • Korean construction company in claims against a sub-contractor arising out of the termination of a contract for construction of a US$550 million petrochemical plant in the Philippine
  • US listed metals company in arbitration proceedings in Hong Kong (under the ICC Rules) against a Chinese state-owned aluminium company in respect of claims of RMB290 million arising out of an investment in an aluminium slab making facility in China and a long-term supply contract for aluminium slab
  • Texas-based technology company in arbitration proceedings in Hong Kong (under the HKIAC Rules) against a Chinese company in respect of claims arising out of the supply of defective LED panels and intellectual property rights in the LED panels
  • Korean chaebol in arbitration proceedings in Hong Kong defending claims from a property developer for alleged defects in a new property development
  • Multinational US oil and gas company in claims against a Chinese state-owned oil company arising out of a joint investment to develop sour gas fields in Sichuan Province, PRC
  • Hong Kong distributor of cosmetics in arbitration proceedings in Singapore (under the SIAC Rules) and in Japan (under the UNCITRAL Rules) against a Japanese company concerning the termination of a 30-year Asia-wide distributorship agreement
  • Australian mining company in proceedings in the High Court to enforce an Australian arbitration award in Hong Kong