Kenix YuenPartner

I have been a dispute resolution lawyer for over 10 years, covering a wide range of cross border commercial litigations and arbitrations, in particular involving Mainland Chinese elements. My experience covers shareholder disputes, board fights and control over listed companies, fraud and asset tracing, trust and estate, contract, insolvency and bankruptcy, applications for urgent reliefs (freezing injunctions and disclosure orders) and various regulatory matters. My clients include individuals from all walks of life and companies in different sections and jurisdictions. I also frequently worked with overseas lawyers and other professionals in complicated disputes.

I speak fluent Cantonese, Mandarin and English.

I have been shortlisted by HKALB as the Litigator of the Year in the ALB Women Lawyers Awards 2023.

Over the years, I have advised and assisted my clients to pursue and defend claims in litigations or arbitrations including but not limited to the following areas:

Company

• Breach of directors’ duties; fiduciary duties
• Misappropriation of companies’ assets and tracing
• Compliance with regulatory requirements, and dealing with regulatory inquiries
• Board fights and internal management issues
• Contractual disputes

Shareholder disputes

• Unfair prejudice petition
• Minority rights
• Valuation of shares
• Joint venture / variable interests equity (VIE) disputes involving private equity funds

Fraud and asset tracing

• Helping scam victims to trace and recover assets
• Pursuing and defending claims based on unjust enrichment and economic torts
• Norwich Pharmacal (third party disclosure) order
• Urgent injunctive reliefs (including freezing order)
• Quincecare duty

Trust and Estate

• Family inheritance disputes
• Powers and duties of trustees and protectors; rights of beneficiaries
• Ad Colligenda Bona Grant

Restructuring and Insolvency

• Advising liquidators / receivers on creditors’ proof of debts, recognition of foreign appointment
• Petition for winding up against companies based on undisputed debts
• Injunction prohibiting the filing of a winding up petition
• Claims by liquidators to recover assets based on unfair preference and transaction at an undervalue

Arbitration

• Interim measures in aid of arbitrations from the Hong Kong Court
• Working with PRC lawyers to seek interim protective measures from the PRC Courts in aid of arbitrations in Hong Kong
• Arbitrations administered under various institutional arbitration rules
• Ad hoc arbitrations

Other experience includes enforcement of foreign arbitral awards and judgments and committal Proceedings (Contempt of Court).