“…on top of the list of nominees for arbitrator for commercial, financial, investment and shareholder disputes…”
Qualifications
- M.B.A., London Business School, 2002
- The Law Society's Professional Examination, 1991
- LL.B. (Hons.), London School of Economics and Political Science, 1990
Principal Areas of Practice
- Arbitration, mediation and negotiation
- Contract and commercial
- Energy and infrastructure
- Mergers and acquisitions
- Pharmaceuticals and medical products
- Private equity
- Sale of goods / commodities
- Shareholders’ disputes
Admitted
- Hong Kong (1994)
- England and Wales (1994)
Employment History
- Member of Arbitration Chambers (2017 – present)
- Equity partner of Gibson Dunn & Crutcher (2015 – 2017)
- Equity partner of Orrick, Herrington & Sutcliffe (2007 – 2015)
- Salaried partner of Paul, Hastings, Janofsky & Walker (2003 – 2007)
Nominations as Arbitrator
- Party-appointed arbitrator in relation to two consolidated arbitrations brought by a private equity investor against a Chinese mining company for allegedly failing to honour the terms of a convertible bond. The claim amount was US$220 million (HKIAC Rules; Hong Kong seat; Cayman law).
- Party-appointed arbitrator in relation to a claim by a private equity fund for a share of dividends and other distributions allegedly paid out by a Chinese company in which the private equity fund was a shareholder (HKIAC Rules; Hong Kong seat; New York Law).
- Presiding arbitrator in relation to a claim by a European fashion company against a Chinese company for alleged breaches of a distribution agreement. The Respondent challenged the jurisdiction of the Tribunal (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Presiding arbitrator in relation to a US$18 million claim by a private equity investor against the founder of an education business in China for breach of a shareholders’ agreement (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Party-appointed arbitrator in relation to two consolidated arbitrations between a Chinese real estate group on the one hand and a BVI company and an individual guarantor on the other hand relating to whether or not a US$35 million loan in respect of a luxury hotel business remained outstanding or had been converted into equity (HKIAC Rules; Hong Kong seat but hearings physically held in London by consent; Hong Kong law).
- Party-appointed arbitrator in relation to a claim by a Chinese buyer against a Singapore seller for alleged failure to provide an authentic Certificate of Origin pursuant to a contract for the sale and export of oil products (SIAC Rules; Singapore seat; Singapore law).
- Party-appointed arbitrator in relation to a HK$170 million claim brought by a Chinese state-owned asset management company against a Hong Kong-listed company and an individual guarantor, relating to their alleged failure to honour a put option in respect of some shares in another Hong Kong-listed company (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Presiding arbitrator in relation to a high value claim by a US company against a Chinese technology company, relating to an alleged failure to deliver and alleged misappropriation of a platform for the distribution of electronic books in China (HKIAC Rules; Hong Kong seat; Delaware law).
- Party-appointed arbitrator in relation to a claim brought by two Chinese distributors of medical devices against a Swiss manufacturer of dental implants for alleged breach of an asset purchase agreement, including claims for a final earn-out, storage costs and penalties for late payments (ICC Rules; Hong Kong seat; PRC law).
- Presiding arbitrator in relation to a claim by a Hong Kong buyer against a Singapore seller for alleged breaches of a sale and purchase agreement in respect of coal (HKIAC Rules; Hong Kong seat; English law).
- Sole arbitrator in relation to a claim by a Korean buyer against a Singaporean seller for alleged breaches of various sale and purchase agreements in respect of coal (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Party-appointed arbitrator in relation to three consolidated claims by German manufacturers and distributors of ophthalmic products against a PRC company and individual for alleged breaches of a sale and purchase agreement, a master distribution agreement and an intellectual property rights license agreement (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Presiding arbitrator in relation to claims between the alleged minority shareholders and majority shareholders of an online travel agency business (ICDR Rules; San Francisco seat; Delaware law).
- Party-appointed arbitrator in relation to claims for alleged breach of contract between an investor and an investee, whose subsidiary was an electric vehicle company. The total amount in dispute exceeded US$ 1 billion (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Party-appointed arbitrator in relation to a claim for alleged breach of a shareholders’ agreement for failing to buy-back shares in a Cayman company, which allegedly controlled an educational business in China (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Presiding arbitrator in relation to claims for alleged breach of a joint venture agreement relating to development of educational centres in China (ICC Rules; Hong Kong seat; Hong Kong law).
- Party-appointed arbitrator in relation to consolidated claims for payment of the balances allegedly outstanding of the purchase prices for machinery manufactured and supplied for use at ports in India (SIAC Rules; Singapore seat; Indian law).
- Presiding arbitrator in relation to claims for payment of the outstanding principal and interest allegedly due under a series of convertible bonds (ICC Rules; Hong Kong seat; New York law).
- Presiding arbitrator in relation to a claim for payment of allegedly guaranteed indebtedness (UNCITRAL Rules, Hong Kong seat; Hong Kong law).
- Party-appointed arbitrator in relation to a claim arising from alleged breaches of a product purchase agreement (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Replacement presiding arbitrator appointed by the HKIAC Council in relation to consolidated arbitrations arising from a joint venture dispute (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Co-arbitrator selected by the LCIA Court in relation to an arbitration arising from non-payment of fees allegedly due under a service agreement (LCIA Rules; Hong Kong seat; English law).
- Sole arbitrator in relation to a claim under a sale and purchase agreement for payment of the price for the entire issued share capital of a company (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Co-arbitrator in relation to a claim under a sale and purchase agreement for payment of balances allegedly outstanding in respect of medical equipment supplied (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Co-arbitrator in relation to a claim under a sub-contract for reinforced concrete work for damages for delay and defects and for payment of an overpaid sum (ICC Rules; Singapore seat; Myanmar law).
- Co-arbitrator in relation to claims for alleged breaches of a joint venture agreement relating to a mine for extraction of limestone for use in the production of cement (ICC Rules; Singapore seat; Myanmar law).
- Sole arbitrator selected by the HKIAC in relation to a claim for payments allegedly due under a marketing and off-take agreement in respect of product from a poly-metallic mine in Mongolia (UNCITRAL Rules; Hong Kong seat; English law).
- Presiding arbitrator in relation to an indemnity claim under a sale and purchase agreement of shares in two pharmaceutical companies incorporated in the Russian Federation (HKIAC Rules; Hong Kong seat; English law).
- Presiding arbitrator in relation to claims under a hotel management agreement (SIAC Rules; Singapore seat; Indian law).
- Co-arbitrator in relation to claims arising from an alleged attempt to terminate an exclusive agreement for commercialization of certain pharmaceutical products in China (ICC Rules; Hong Kong seat; Hong Kong law).
- Sole arbitrator selected by the LCIA Court in relation to a claim under a sale and purchase agreement for cement and clinker (LCIA Rules, London seat; English law).
- Co-arbitrator in relation to a claim under a share purchase agreement arising from an alleged failure to purchase put option shares (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Presiding arbitrator in relation to a claim under a share purchase and investor’s rights agreement arising from alleged material misrepresentations (HKIAC Rules; Hong Kong seat; Hong Kong law).
- Co-arbitrator in relation to a claim under a sale and purchase agreement for coal (HKIAC Rules, Hong Kong seat, Hong Kong law)
- Co-arbitrator in relation to a claim under a contract for the supply of a trackers system for a photovoltaic project (ICC Rules, London seat, English law)
- Co-arbitrator in relation to a claim under a limited partnership deed for, among other things, access to the partnership’s books and records (LCIA Rules, London seat, Cayman law)
- President in relation to a claim under a trading and loan agreement relating to various virtual currency and digital assets (crypto-currencies) (ICC Rules, Hong Kong seat, Hong Kong law)
- President in relation to a claim under a joint venture agreement between a games creator and developer and its PRC distributor (ICC Rules, Hong Kong seat, Hong Kong law)
- Sole Arbitrator in relation to a claim under a prepaid card contract (SIAC Rules, Singapore seat, Singapore law)
- Co-arbitrator in relation to a claim under an EPC contract for an integrated power and water plant project (ICC Rules, London seat, English law)
- President in relation to a claim arising from disputes as to the legitimacy of the licensing of the intellectual property to a series of mobile games and web games (ICC Rules, Singapore seat, Korean law)
- Presiding arbitrator in relation to a claim arising from disputes following termination of musical content licensing agreements (HKIAC Rules, Hong Kong seat, Korean law)
Experience in Practice
During a private practice career spanning over two decades, Mr. Pé acted as counsel in multiple high value international arbitrations in Asia and Europe conducted under the UNCITRAL Arbitration Rules, local law and the arbitration rules of the following institutions: China International Economic & Trade Arbitration Commission (CIETAC), Hong Kong International Arbitration Centre (HKIAC), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and the Singapore International Arbitration Centre (SIAC).
Arbitration Panels
- Abu Dhabi Global Market Arbitration Centre (ADGMAC)
- Asian International Arbitration Centre (AIAC)
- Beijing Arbitration Commission / Beijing International Arbitration Center (BAC / BIAC)
- China-Africa Joint Arbitration Centre (CAJAC)
- China International Economic and Trade Arbitration Commission (CIETAC)
- Hong Kong International Arbitration Centre (HKIAC)
- International Center for Dispute Resolution of the American Arbitration Association (ICDR)
- Korean Commercial Arbitration Board (KCAB)
- Shanghai Arbitration Commission (SHAC)
- Shanghai International Arbitration Center (SHIAC)
- Shenzhen Court of International Arbitration (SCIA)
- Singapore International Arbitration Centre (SIAC)
- Thailand Arbitration Centre (THAC)
- Dubai International Arbitration Centre (DIAC)
Research, Publications & Lectures
Research
- “Myanmar Commercial Law Framework: reform priorities,” Asian Development Bank White Paper, co-author and team leader, December 2018
Publications:
- “Update from Myanmar,” CIArb Resolver, October 2023
- “Arbitration: can it make sense for SMEs?” SME Magazine, June 2023
- “The BRI and International Chamber of Commerce Arbitration,” CDR – Essential Intelligence, co-author, September 2021
- ““If in doubt, disclose?”: arbitrator conflicts, challenges and repercussions,” Indian Journal of Arbitration Law, August 2020
- “Country update: Myanmar,” Asian Dispute Review, April 2019
- “Investment Arbitration: China, Hong Kong and Treaty Shopping,” Asian Dispute Review, contributor, April 2012
- “Sovereign Immunity in Hong Kong: The Absolute Doctrine Versus the Restrictive Doctrine,” Dispute Resolution International, author, May 2010
- “Chinese Arbitration: A Selection of Pitfalls,” Association for International Arbitration textbook, contributor, March 2009
- “International Commercial Dispute Resolution,” Tottel publishing, co-author of chapter on Hong Kong, 2009
Speaking:
- “Charting the Course of International and Mainland Arbitrations: Perspectives from Hong Kong and Singapore Courts,” DVC Annual Conference, Hong Kong, May 2024
- “The use - and abuse - of investigators and forensic experts in international arbitration,” panellist, Paris Arbitration Week, Paris, March 2024
- “IA meets AI: Incorporating AI to International Arbitration - Friend or Foe?” panellist, Hong Kong Arbitration Week, Hong Kong, October 2023
- “Managing political risk in the 21st century: Arbitration in the age of uncertainty,” panellist, Hong Kong Arbitration Week, Hong Kong, October 2023
- “Spotlight on Hong Kong: Innovations in International Arbitration,” panellist, HKIAC event, Paris Arbitration Week, Paris, March 2023
- “This house believes that if a quantum expert were managing the procedural side of a damages case, the matter would proceed more efficiently,” debater, GAR Live, Hong Kong, October 2022
- “US, UK and EU sanctions” and their impact on international arbitration, moderator (participating virtually), GAR Live, Beijing, September 2022
- “Has the world been turned upside down? Trends in international arbitration,” panellist, Legal Business International Arbitration Summit, London, June 2022
- “This house believes that post-Covid London will become the standard for international arbitration,” debater, GAR Live, London, May 2022
- “The impact of BRI on dispute resolution in emerging markets,” panellist (participating virtually), Paris Arbitration Week, Paris, September 2021
- “Hong Kong’s role in resolving Belt and Road disputes,” panellist (participating virtually), Belt and Road Summit, Hong Kong, November 2020
- “Force majeure: practical implications in times of crisis,” moderator, International Chamber of Commerce webinar, July 2020
- “Arbitration & Asia: opportunities and challenges,” panellist, 39 Essex Chambers London, January 2020
- “Artificial intelligence in international arbitration,” panellist, APRAG conference Bangkok, January 2020
- “The influence of cultural difference in ADR,” panellist, London School of Economics, November 2019
- “Due process paranoia is a curse on international arbitration,” debater, Hong Kong Arbitration Debate, October 2019
- “Will international arbitration lose to China’s International Commercial Courts in the race to capture B&R disputes,” panellist, GAR Live London, May 2019
- “Whose role is it anyway: the upsides and downsides of party and tribunal appointed experts,” debater, HKIAC, March 2019
- “GAR Live Hong Kong,” co-chair, HKIAC, November 2018
- “China’s Belt & Road Initiative – seeing is believing: the need for tailor made dispute resolution mechanisms,” panellist, Inter-Pacific Bar Association conference, March 2018
- “Party autonomy must prevail to preserve the sanctity of international arbitration,” debater, Hong Kong Arbitration Debate, October 2017
- “Unconscious bias in international arbitration,” ArbitralWomen Panel discussion, 2nd ICC Asia conference, Panellist, Hong Kong, June 2016
- “Developments in the law of sovereign immunity,” Speaker, The International Bar Association Annual Conference 2015, Vienna, October 2015
- “Enforcement of arbitral awards in Asia,” tutor, Chartered Institute of Arbitrators’ Diploma Course, Kuala Lumpur, April 2012, April and November 2013 and April 2014
Professional Activities and Qualifications
- Member of the ICC International Court of Arbitration and the ICC Arbitration Commission (2017 to 2024)
- Co-Chair of the ICC’s Belt and Road Commission (2020 to 2022)
- Member of the Council of the Hong Kong International Arbitration Centre (2014 to 2020)
- Fellow of the Chartered Institute of Arbitrators
- Accredited mediator of the Centre for Effective Dispute Resolution (CEDR)
Languages
- English
- Intermediate French
Nationality
British