Jacky Fung

About Jacky Fung

Jacky is a senior associate in the firm’s Asia dispute resolution group, based in the Hong Kong office.

Described as “a rising star” and listed as a “key lawyer” (International Arbitration, Legal 500 (2023)), Jacky has significant experience of conducting international arbitration, arbitration-related litigation, commercial litigation, insolvency/bankruptcy litigation and usual interim application, including emergency arbitration and urgent court injunction.

As a dispute resolution practitioner who is fluent in Mandarin, Cantonese and English, Jacky is particularly experienced in dealing with cases involving the Mainland. These matters include both court litigations in Hong Kong and international arbitrations under the major institutional rules, including ICSID, HKIAC and ICC involving jurisdictions such as Hong Kong, the PRC, the UK, India, Japan, Pakistan, and the USA. Clients include states, banking institutions, private equity funds, liquidators and multi-national corporates.

His arbitration experience includes achieving a favourable result for a USD 25 million dispute prior to the commencement of hearing in 2022, a 12-day virtual international hearing arising out of a USD 1 billion partnership dispute in 2020-2021, a 1-day emergency arbitration hearing in Hong Kong in 2018, a 5-day arbitration hearing in Hong Kong arising out of a USD 200 million private equity investment in 2017, a 2-week arbitration hearing spanning across Paris and Hong Kong arising out of an ICSID investment treaty claim in 2016 and 2017, and a 5-day hearing in Hong Kong in Hong Kong in 2016, as well as various court proceedings and hearings involving interim applications in aid of arbitration and enforcement of arbitral awards.

Jacky also has broad experience in general commercial litigation and bankruptcy/insolvency-related litigation. This includes proceedings before the Court of First Instance and the Court of Appeal in Hong Kong and applications such as urgent injunctions, examination and production order in the context of winding up proceedings (and the actual examinations), application for usual winding up and bankruptcy order, annulment application in the context of bankruptcy proceedings, charging order, security for costs and stay of proceedings.

In addition, Jacky is currently serving as the Editorial Assistant of the Asian Dispute Review. He is a former Committee Member of HK45 – the group established under the HKIAC for young arbitration practitioners. He regularly speaks at conferences and publishes articles about dispute resolution.

Jacky joined Freshfields in 2023. Prior to that, he finished his training contract with another leading UK firm and worked for almost six years in another leading US firm. He graduated with First Class Honours from the City University of Hong Kong (LLB, 2014). Jacky is admitted to practice in Hong Kong.

Jacky speaks fluent English, Mandarin and Cantonese, with the ability to read and write simplified and traditional Chinese.

Recent work

Jacky’s experience at Freshfields (selected only) includes advising:    

Arbitration

• a private equity fund against a Chinese company and its management on the disputes arising out of its investment. Seat: Hong Kong (HKIAC rules). Governing law: Hong Kong law.

Jacky’s experience before Freshfields (selected only) includes advising:

Arbitration

• a large PRC private equity fund (as the lead associate) with a focus on investment in technology and energy businesses in relation to a dispute (with claims and counterclaims) with its partner on the acquisition of automobile business arising out of a partnership agreement under HKIAC arbitration proceedings and parallel court proceedings in Hong Kong and Cayman Islands. The underlying transaction value amounts to approximately USD 1 billion. This resulted in a 12-day virtual international arbitration hearing in 2020. He successfully obtained a favourable final award with substantial amount of damages in favour of the client and defended all of the interim applications in the course of the proceedings including a security for costs application and an emergency arbitration application seeking a freezing order over the client with almost full legal costs awarded. Seat: Hong Kong (HKIAC rules). Governing law: Cayman Islands law.
• a large North American pension fund in relation to a highly distressed private equity investment of USD 200 million in the Mainland following fraudulent transactions under the HKIAC arbitration proceedings. This led to a 5-day arbitration hearing in Hong Kong in 2017. Full damages and costs awarded by the arbitral tribunal with successful enforcement of the arbitral award in the PRC and Hong Kong. Seat: Hong Kong (HKIAC rules). Governing law: Hong Kong law.
• a USA software design companies (as the lead associate) to claim against PRC telecommunication companies for breach of contract arising from unauthorised use of software. The transaction value amounts to approximately USD 25 million. Achieved a favourable result for client prior to the commencement of arbitration hearing in Hong Kong in 2022. Seat: Hong Kong (HKIAC rules). Governing law: California law.
• the Islamic Republic of Pakistan in arbitration proceedings against Tethyan Copper Company (jointly owned by Barrick Gold and Antofagasta Minerals) under the auspices of ICSID and also in its related ICC arbitration proceedings regarding Reko Diq copper and gold mine in Balochistan, including preparing for and attending two substantive hearings in Paris and Hong Kong (lasting for more than two weeks). The amount at stake was more than 4 billion.
• an international bank against the Taiwanese seller in ICC arbitration proceeding for a post-merger dispute in relation to breach of representations and warranties. Seat: Hong Kong (ICC rules). Governing law: English law.

Arbitration and Bankruptcy/Insolvency Litigation

• a PRC private equity fund (as the lead associate) in relation to a complex shareholder dispute concerning the management and affairs of a joint venture company incorporated in Hong Kong and breaches committed by its operating companies in the PRC. This includes devising a strategy (arbitration vs winding-up) to achieve a favourable result for client. Seat of the main transactional documents: Hong Kong (HKIAC rules). Governing law of the main transactional documents: Hong Kong law.
• a high net worth individual (as the lead associate) to contest the enforcement of a PRC award in Hong Kong, and related enforcement and bankruptcy proceedings in Hong Kong, Cayman Islands and BVI based on the PRC award. Successfully applied to annul the bankruptcy order made by the Hong Kong court and assisted the client to reach a global settlement with the opposing side. The PRC arbitral award was issued by Shanghai International Arbitration Center and the substantive law is PRC law.
• a multi-national corporate with a focus on medical technology (as the lead associate) on obtaining an anti-suit injunction in Hong Kong over an appointment of foreign receivership on certain shares in a company incorporated in Switzerland, in aid of an intended arbitration seated in Hong Kong. Seat: Hong Kong (HKIAC rules). Governing law: Hong Kong law.

Court litigation (Insolvency, Bankruptcy and Commercial Dispute)

• the joint and several liquidators of a Hong Kong company (as the lead associate) in relation to a series of disputes following the collapse and winding up of a Hong Kong company, including filing an application for examination and document production orders against former directors/officers/professional advisors, defending the subsequent appeals filed by the former directors/officers/professional advisors concerning the same, defending the appeal concerning the conduct of the examination, preparing for the actual examinations, and preparing for the subsequent substantive claims.
• a regulator in Hong Kong (as the lead associate) in relation to the winding up of a company in which the company’s business activities are regulated before Hong Kong court.
• a PRC private equity fund (as the lead associate) in Hong Kong court proceedings (and related PRC court proceedings) arising out of breach of contract, including devising overall strategy for recovery of asset and obtaining a Mareva injunction in aid of Mainland court proceedings. The amount at stake is more than HKD 100m. One of the difficult issues was the absence of dispute resolution clause and jurisdiction clause in the relevant agreement. Achieved an extremely favourable result for client prior to the handing down of judgment in the Mainland.
• an Israeli company in Hong Kong court proceedings in relation to a claim brought by its consultant over a consultancy contract.
• an international accounting firm on complex professional negligence claims in Hong Kong court proceedings.