Paul Mitchard QC
Paul Mitchard, head of Skadden, Arps’ Asian Litigation and Arbitration Group and co-head of the global International Litigation and Arbitration practice, is a recognised leader in the field of international dispute resolution, based full-time in Hong Kong. He is admitted as a solicitor in Hong Kong and admitted to practice in the BVI and as a solicitor-advocate in England, where he holds the rank of Queen’s Counsel. Mr. Mitchard also was one of the first solicitors to be granted higher rights of audience in Hong Kong. He is a leading member of a number of legal associations and is a fellow of the Chartered Institute of Arbitrators. A practising arbitrator and an accredited CEDR mediator, he has been invited to serve on a number of committees in the field of civil procedure and arbitration law reform.
Mr. Mitchard has handled numerous international commercial disputes for multinational companies and major institutions including arbitrations under the rules of the HKIAC, ICC, LCIA, AAA, the Swedish Chamber of Commerce and other leading arbitration institutions as well as ad hoc and UNCITRAL arbitrations. He also has handled treaty claims under the auspices of ICSID.
Mr. Mitchard also has more than 35 years’ experience of both domestic and cross-border civil litigation, including the representation of much of the U.K. offshore oil industry in judicial review proceedings and the enforcement of security obligations on a global basis, in particular in cases involving emerging market debt.
He has advised major financial institutions and corporates in the U.K. and Hong Kong in relation to regulatory matters and compliance with anti-corruption legislation, involving representation in investigations and in disciplinary and other proceedings, including by the Hong Kong SFC and CCB.
Mr. Mitchard also repeatedly has been selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business and Legal 500’s Leading Individuals. According to Legal 500, Mr. Mitchard has “a very big profile” in the field and is building a “leading practice in Hong Kong.” The Lawyer (December 2010) describes Mr. Mitchard as “one of the world’s leading litigators.” Chambers describes him as “a commanding presence in the field,” having “great strategic thinking and an abundance of experience,” and clients praise his “solid and realistic approach” and “ability to grasp and simplify complex matters.”
Leading arbitration cases in which Mr. Mitchard has appeared as counsel include
- LCIA arbitration involving a multibillion-dollar dispute between two oil companies in Europe (noted by The American Lawyer as the largest arbitration in the world in 2007);
- ICC arbitration between European and African telecom companies over the ownership of a joint venture company worth in excess of US$1 billion;
- LCIA arbitration involving a US$1.6 billion multijurisdictional dispute over shares in a metal producer;
- ICSID arbitration involving a US$350 million dispute with an Eastern European state in relation to an energy investment;
- Two UNCITRAL arbitrations involving multimillion-dollar disputes between a LNG producer and national gas suppliers;
- Defence of fraud proceedings against a major international accountancy firm in London, Hong Kong and Sri Lanka;
- Arbitrations on behalf of leading turbine company concerning alleged defects in electricity generation equipment in India, the United States and England;
- A series of substantial construction disputes for a major contractor and an engineering subcontractor in Harbour City, Hong Kong;
- A Kwun Tong Road, Hong Kong construction dispute over a major construction project;
- A dispute over a hotel construction project in Marina Square, Singapore; and
- A dispute involving supply of smelting equipment to Australia.
Litigation cases include
- The defence of a leading businessman in a multibillion-dollar lawsuit in London;
- The defence of a private equity firm in multiparty proceedings in the Hong Kong courts; and
- Enforcement of a loan agreement and guarantee in the Hong Kong courts.
- Speaker at Moscow Seminar Series – “Protecting Russian Assets,” 2009 and 2010
- Speaker at SIAC Conference on “Arbitration in India,” Mumbai, India, 2010
- Speaker on the UK Bribery Act, Hong Kong at In-house Congress 2010
- Speaker at HKIAC 25th Anniversary Conference in Hong Kong on Rethinking International Arbitration, 2010
- Speaker at HKIAC ADR in Asia Conferences 2009, 2011 and 2012
- Panel moderator at LCIA Arbitration Conference in Bangalore, India, 2012
- Lecturer on Arbitration at China University of Political Science and Law, 2010, 2011 and 2012
- Visiting Professor of Law at the China University of Political Science and Law (2012-2015)
M.A. Jurisprudence, Oxford University, 1974
Fellow of the Chartered Institute of Arbitrators
Accredited CEDR Mediator
The Law Society of Hong Kong
The Law Society of England and Wales
American Bar Association
International Bar Association
International Arbitration Club
ICC Arbitration Committee Member, Hong Kong
“Mediation in Hong Kong: Practice Direction 31 and Beyond,” Hong Kong Lawyer
“The Rise and Risks of Constitutional Judicial Review,” Hong Kong Lawyer, December 2009
Articles on Expert Determination in PLC Magazine and on the PLC Website, 2006-2010
Author, Arbitration Section of Martindale-Hubbell's International Dispute Resolution Directory, 1996-2000, and the ADR Section, 2001-2003
“Is CIETAC Leading Arbitration in Asia into a New Era of Transparency?,” The Asia Pacific Arbitration Review, 2009
“Ethics and Arbitration,” The Europe and Middle Eastern Arbitration Review, 2009
“Enhanced Remedies in Hong Kong for Plaintiffs in Foreign Proceedings,” Hong Kong Lawyer, December 2009
Author, article on International Arbitration in England and Wales, IFLR, 1995