Robert Clark
Robert Clark

Robert Clark

Partner

LOCATION:
Hong Kong
DIRECT:
+852 2825 9268

Robert Clark

Partner

LOCATION:
Hong Kong
DIRECT:
+852 2825 9268


+ Add to Binder

Robert is one of Hong Kong’s premier commercial disputes lawyers, regularly featured in the top tier of litigation and arbitration lawyers. He is active in both litigation and international arbitration (HKIAC, SIAC, ICC, CIETAC).

He has particular experience in employment and media work (for South China Morning Post, Google, YouTube and other international publishers), professional negligence (for the Hong Kong Solicitors Indemnity Fund Limited and Essar Insurance Services Limited, the Hospital Authority and other commercial indemnity insurers) and insolvency disputes.

He also represents Hong Kong’s leading developer (MTRC), international investment banks (e.g. Merrill Lynch), Government authorities (e.g. the Hospital Authority and Urban Renewal Authority), FTSE 100 companies, Fortune 20 companies, and leading domestic and international corporations.

Robert regularly acts in multi-jurisdictional and multi-disciplinary cases. He often handles high profile cases, for example, he successfully defended Allen & Overy against a US$400 million professional negligence action, which went to the Court of Final Appeal and acted for Paul Chan Mo-Po (Hong Kong’s Financial Secretary) in a libel action which went to the Court of Final Appeal and which is now scheduled for a retrial on the question of malice.

 

Recent representative matters include:

Acting for undertakings under investigation by the Competition Commission, including the execution of search warrants, section 41 and 42 notices and Competition Tribunal proceedings. 

Acting for Allen & Overy and successfully defending them against a US$400 million  professional negligence action which went to the Court of Final Appeal – successful strike out for champerty:  [2014] 2 HKLRD 86, [2014], 3 HKLRD 292, [2015] 3 HKLRD  247 and (2016) 19 HKCFAR 705.

Acting for Mr. Paul Chan Mo-Po (Hong Kong’s Financial Secretary) and his wife and in defending them against a libel claim in the Court of First Instance, Court of Appeal: [2015] 6 HKC 149 [2017] 3 HKC 11, CACV 251 & 252/2015 (unreported judgment of Hon Lam VP, Hon Kwan JA and Hon Poon JA dated 5 April 2017) and which after an appeal to the Court of Final Appeal is going to a retrial.

Acting for Google in a novel “publisher” case challenging the Hong Kong Court’s jurisdiction over Google: [2014] 4 HKLRD 493 and [2015] 1 HKLRD 26.

Acting for Google to defend defamation actions involving an initial important question of law, namely whether and the extent to which Hong Kong’s common law has evolved so that in seeking to maintain a defamation action the Plaintiff needs to get over a threshold test of establishing a real prospect of financial loss before damage is presumed.

Acting for the Chinachem Group in a successful application for inspection under Section 152FA of the former Companies Ordinance: [2013] 3 HKLRD 657, which enabled information to be accessed for derivative actions to be commenced (with leave granted in HCMP 3210/2013) against the former directors of RCG Holdings Limited and RCG China Limited.

Acting for a Japanese company in a very significant HKIAC international arbitration and successfully opposing an application to set aside the partial arbitral award (HCMP 1191/2015, unreported judgment of Deputy High Court Judge Robert Pang SC dated 6 November 2015).

Memberships

Member, The Law Society of Hong Kong

Panel of Intervention Agents, The Law Society of Hong Kong

Member, The Law Society of England and Wales

Member, The International Bar Association

Member, The Insolvency Interest Group of the Hong Kong Institute of Certified Public Accountants

Honorary Legal Advisor to the Outward Bound Trust of Hong Kong Limited

Education

LLB (Hons), Sheffield University, UK

Law Society of England and Wales - Finals 

Publications/Articles

Contributing editor of Hong Kong Civil Procedure: the “Hong Kong White Book”

Contributing editor of Tort Law and Practice in Hong Kong

Sole Hong Kong practitioner contributor to "The Costs and Funding of Civil Litigation, A comparative. Perspective" which is the first major comparative study of its type of more than 30 jurisdictions worldwide.

Sole Hong Kong practitioner contributor to the IBA Litigation Committee, “IBA Litigation Guide”. 

Accolades

Ranked as a leading lawyer for Dispute Resolution (both litigation and arbitration) in Asia Pacific Legal 500 (2007 - 2018)

Ranked as a Band 1 lawyer (1 of 9) for Dispute Resolution in Chambers & Partners Asia Pacific and Global guides (2007 - 2018)

Named as a leading lawyer for Dispute Resolution & Litigation in Asialaw Leading Lawyers (2018)

The 2018 edition of Chambers & Partners Asia Pacific notes Robert is an "excellent, very experienced and user-friendly" litigator, with particular expertise in insolvency matters, professional negligence and defamation claims. One source says: "He is very specific and extremely responsive and efficient. It is a pleasure working with him."

Named as one of the world's leading practitioners in Litigation by Who's Who Legal Guide (2017)

Named as an expert in the fields of Litigation and Commercial Arbitration in Euromoney’s Expert Guides (2016)

The 2016 edition of Chambers & Partners Asia Pacific notes Robert for his expertise in commercial litigation, especially in advising technology and media companies. One source says: "I have very high regard for him. He's understated, but very good."

Named as a leading arbitration practitioner in Hong Kong in the Guide to the World's Leading Experts in Commercial Arbitration (2008 - 2014) 

Back