Simon Chapman KC
卓柏文律师拥有丰富的国际仲裁经验，为不同行业领域的客户提供法律服务，尤其擅长处理中国和东南亚的纠纷。
卓律师于2006年加入本所的国际仲裁部，在本所的伦敦和巴黎办公室工作多年，其后于2011年调任香港办公室。他于多个司法管辖区中的仲裁审裁处，及根据主要制度规则（包括国际商会仲裁院（ICC）、伦敦国际仲裁院（LCIA）、香港国际仲裁中心（HKIAC）以及解决投资争端国际中心（ICSID））审理的案件中，担任律师及出庭代讼人。卓律师并为根据联合国国际贸易法委员会规则（UNCITRAL）和两国之间仲裁任择规则（Permanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two States）的临时仲裁中提供法律服务。卓律师他同时担任仲裁员。
卓律师为香港和英国执业律师，更是拥有较高级法院出庭发言权的事务律师代言人。他是多个仲裁协会的成员，并定期于亚太区内以国际仲裁为主题的会议担任讲者。
Publications
- Arbitration in India: Narrowing the scope for judicial interference in offshore arbitration – a landmark judgment from the Indian Supreme Court（译：《印度的仲裁：从印度最高法院发出的历史性判决看收窄在离岸仲裁中的司法干预的范围》），刊登于Korean Arbitration Review （2012）
- Confidentiality in International Arbitration - Does the exception prove the rule?（译：《国际仲裁的保密守则—例外情况有否证明这规则？》）, 与Michael Young合撰，刊登于 ASA Bulletin （2009）
- Multi-tiered Dispute Resolution Clauses: Enforcing Obligations to Negotiate in Good Faith（译：《多层争议解决条款：本着真诚执行谈判责任》），刊登于Journal of International Arbitration国际仲裁期刊（2010）
- Escaping from a bad bargain: suspending, modifying or terminating performance of long-term energy contracts（译：《暂停、修改或终止履行长期能源合同—走出困局》），与with Chris Parker合撰，刊登于International Energy Law Review（2010）
- New Hong Kong Arbitration Ordinance comes into effect（译：《新香港仲裁条例正式执行》），与Justin D'Agostino 及 Ula Cartwright-Finch合撰，刊登于Australian ADR Reporter（2011）
Background
Simon has worked in the Asia disputes team for over a decade, having previously been based in the firm's London and Paris offices.
He is dual-qualified in Hong Kong and England and Wales, with higher rights of audience in both jurisdictions. One of a small number of solicitors to have been appointed Queen's Counsel (now King's Counsel) in England & Wales, Simon has appeared as lead counsel before the High Court, Court of Appeal and Court of Final Appeal in Hong Kong and advises regularly on challenges to arbitral awards in other jurisdictions, notably Singapore and England & Wales.
Experience & expertise
Selected matters
- appearing as advocate for Sinopec in its successful multi-billion dollar SIAC claim in fraud arising from the purchase of oil and gas assets in the UK North Sea, including advising on related proceedings before the Singapore International Commercial Court
- defending an Asian private equity firm against a US$1 billion claim in fraud, negligent misstatement and breach of warranty connected to the sale of an insurance company under the ICC Rules in Hong Kong
- lead counsel in the landmark C v D case before the Hong Kong Court of Final Appeal, the leading authority in model law jurisdictions concerning the distinction between admissibility and jurisdiction in the context of applications to set aside arbitral awards
- obtaining multiple awards (including permanent injunctive relief) for a leading Asian satellite business in UNCITRAL proceedings in Hong Kong, including appearing as lead counsel in related proceedings before the High Court, Court of Appeal and Court of Final Appeal in Hong Kong
- appearing as advocate for the Government of Malaysia as the successful party in a US$1.2 billion ad hoc arbitration against the Republic of Singapore concerning the interpretation of a bilateral treaty
- appearing as advocate for a global private equity firm defending multiple claims for breach of warranty arising from a USD 1.5 billion sale of a business in Asia
- obtaining an award of damages and specific performance for a leading Asian private equity firm in HKIAC proceedings relating to the exit of an investment in China, including successfully defending a subsequent challenge to the award in the Hong Kong courts
- obtaining anti-suit relief for a global hospitality business to restrain proceedings before the Thai courts in favour of arbitration proceedings in Singapore under the SIAC Rules
- defending a cryptocurrency platform in Hong Kong arbitration proceedings and related court litigation brought by a US venture capital firm
- appearing as advocate for a major private equity firm in HKIAC proceedings seated in Hong Kong under a suite of Hong Kong and Korean law agreements arising from a secondary sale in the private equity market
- appearing as advocate for a renewable energy company in consolidated proceedings under the ICC Rules in Hong Kong arising from the breakdown of a joint venture in the solar energy sector, including defending subsequent set-aside proceedings before the Hong Kong court
- appearing pro bono for the Law Society of Hong Kong as intervener in proceedings before the Court of Appeal and Court of Final Appeal in Hong Kong concerning rights of audience of solicitor advocates
- appearing as advocate for a Chinese energy company in a US$1 billion claim under the UNCITRAL Rules in Hong Kong arising from an investment in offshore oil and gas blocks.
