Asia

Commercial Litigation and Dispute Resolution Law Firm of the Year

Hong Kong Firm Profile

Litigation: Misrepresentation and mis-selling claims; shareholders’ disputes; employment and business diversion disputes; sale of goods disputes; insolvency and company liquidation; advising regarding enforcement of foreign and local Judgments and Orders in Hong Kong and in the PRC.

Arbitration: Advising regarding drafting of arbitration clauses; enforcement of foreign and local arbitration Awards in Hong Kong and in the PRC; acting as Counsel in international arbitrations; Damien Laracy sits as an arbitrator.

Shipping / Trade Disputes: Sale of goods, letter of credit and UCP disputes; cargo loss / damage

Damien Laracy

Damien specialises in commercial litigation and international arbitration. His practice deals with a wide variety of breach of contract and negligence claims, complex cross border debt recovery and

insolvency, shareholders’ disputes, ship mortgage enforcement, international trade and sale of goods disputes, and enforcement

of foreign and local Judgments and Awards in the PRC and in Hong Kong.

Damien also assists clients with SFC and Hong Kong Stock Exchange regulatory matters.

He regularly advises clients in respect of claims against financial institutions and financial advisors.

Damien sits as an arbitrator and is on the Hong Kong International Arbitration Centre Panel of Arbitrators, and on the Kuala Lumpur Regional Centre for Arbitration’s Panel of Arbitrators.

Notable legal work

• General commercial litigation, breach of contract claims, for high net worth families, individuals / CEO’s.

• High value claims concerning financial institutions following complaints of mis-selling of financial products, LIBOR fixing.

• Shareholders’ disputes, including Section 114B Companies Ordinance applications in circumstances where a quorum cannot be achieved for a directors’ meeting.

• Interlocutory relief applications including pursuant to Section 21M High Court Ordinance, Mareva Injunctions and Anton Pillar Orders.

• Successfully forcing on opposing plaintiff in a property development dispute to litigate in Thailand rather than Hong Kong (stay of Hong Kong proceedings on the grounds of forum non conveniens).

• Advising unsecured creditors in relation to insolvency proceedings, including in the shipping and mining industries.

• Acting on behalf of European banks enforcing ship mortgages in Hong Kong (arrest and subsequent sale pendente lite).

• Acting for an independent non-executive director, and successfully arguing for a private reprimand (rather than a public one) following

an alleged breach of the Hong Kong Stock Exchange Listing Rules.

• High profile claim on behalf of a golfer who was hit by a ball struck by a player who failed to yell a warning. The case was settled shortly after trial commenced in the High Court.

• Recovery on an urgent basis (given the charterer’s potential impending insolvency) against a defaulting vessel charter under a long term Forward Freight Agreement (“FFA”).

• Numerous High Court actions, and arbitrations, relating to shipping and sale of goods disputes. Clients include ship owners, P & I Clubs, commodities traders, and cargo underwriters.

/mis-delivery claims; ship mortgage enforcement; charterparty disputes; ship building / repair and ship sale disputes.

Corporate / Commercial Matters: Sale and purchase of businesses; shareholders and joint venture agreements; company secretarial and notarial services.

Employment: Representing both employers and employees; negotiation of severance packages. Regulatory: SFC and Hong Kong Stock Exchange matters.

Real Estate: Commercial and residential conveyancing and leasing; tenancy, zoning and land use disputes; licensing of premises.

Areas of Expertise

• Dispute Resolution (Litigation and arbitration)

• Shipping • Corporate / Commercial • Insurance (contentious and regulatory) • Regulatory (SFC, HKEX) • Personal injury • Criminal • Employment • Trusts and wills • Real Estate / Conveyancing

Contact:

Laracy & Co. Room 2102, 21st Floor, Tower Two, Lippo Centre 89 Queensway Admiralty Hong Kong

Tel: +852 2525 7525 Fax: +852 2525 7526 Email: info@laracyco.com Website: www.laracyco.com

Lawyer Monthly Legal Awards 2012

91