Norton Rose Fulbright Hong Kong
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Camille Jojo is a dispute resolution lawyer based in our Hong Kong office. He handles a wide range of complex finance disputes including credit and security disputes, general commercial disputes and arbitrations (including product liability, construction and engineering disputes), insolvency litigation and restructuring, trust and probate litigation and regulatory investigations.
Camille has over 30 years of litigation and arbitration experience in Hong Kong and Asia and has been granted higher rights of audience enabling him to appear before the High Court and Court of Final Appeal in Hong Kong. He qualified as an arbitrator in 1997 and is currently a member of the Insolvency Law Reform Committee of the Law Society of Hong Kong.
Camille is consistently listed as a leading dispute resolution practitioner in both the Legal 500 Asia Pacific and Chambers legal directories over the last ten years. Chambers Asia Pacific 2016 describes Camille as "responsive and very helpful" with "good knowledge and a lot of confidence and experience." The 2015 edition cites Camille as "an exceptionally good litigator" and "one of the savviest and most strategically insightful people in the Hong Kong disputes world." The Legal 500 Asia Pacific has continuously recognised Camille’s leading role in the dispute resolution industry and has ranked Camille as a “first-tier” and “commercially savvy” dispute resolution lawyer with a “huge wealth of experience”. Camille has been ranked as a band 1 dispute resolution practitioner for many years by Chambers Asia Pacific and one of the leading individuals by the Legal 500 Asia Pacific. In other words, his qualities in respect of technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client, are widely acknowledged. In addition, he has been recognised as an influential practitioner in various practice areas such as restructuring/insolvency and insurance. In particular, in the sphere of restructuring/insolvency, he is named as an “experienced and prominent restructuring practitioner”.
- Solicitor, qualified in England & Wales
- Solicitor, qualified in Hong Kong
His recent litigation and dispute resolution experience includes:
- Advising a co-executor of a multi-billion dollar Estate of a prominent tycoon and well-known philanthropist. The scope of work includes advising on an executor's duties in investigating the scope of, and safeguarding, the assets within the Estate (including offshore assets and company shares) and verifying its liabilities; conflict of interest issues of a fellow executor; the duties of a co-executor to make a Beddoe application to further the administration of the Estate as well as proceedings for the removal of the other two co-executors and recovery of assets.
- Advising and acting for the Trustee of Lehman Brothers Inc. (in liquidation) appointed under the US Securities Investor Protection Act 1970 in proceedings relating to the assets held by various Lehman Brothers entities in Hong Kong (HCCW 437 of 2008).
- Advising and acting for Television Broadcasts Limited with respect to a high profile judicial review in the High Court, which concerns the Communications Authority’s recommendations on the issuance of new free to air TV licenses in Hong Kong by the Broadcasting Authority/Chief Executive in Council and associated claims.
- Acting for the Lu family members in relation to a high profile defamation action Carl Lu & others v Frieda Hui and Paul Chan (HCA 370 of 2012) against Paul Chan (Secretary for Development) and Frieda Hui. The unique feature of this case is that it involves a high profile political figure and is to be determined by Jury.
- Acting for Chinachem Financial Services Limited, a company within the Chinachem Group, in the High Court action in HCA 410 of 2013 against Century Venture in relation to a claim for declaratory relief concerning the expiration/termination of a contract relating to a strategic investment in Minsheng Bank. In addition, Camille acted for Chinachem on a number of other litigious matters including provision of advice and strategic assistance in respect of one of the largest foreign investment disputes submitted to the Supreme People’s Court in the PRC with an estimated value in excess of RMB 5 billion.
- Acting for Fubon Bank (formerly known as International Bank of Asia Limited) in relation to a high value claim concerning a debt restructuring proposal/agreement relating to the Paliburg/Regal Hotel Group in 2004 and an alleged breach of agreement regarding the option exercised by the bank.
- Acting for Legend New-Tech Investment Limited, a subsidiary of a leading listed computer-manufacturing company, in a High Court Action in relation to an injunction prohibiting disposal of assets in Hong Kong (Mareva injunction action) sought against the client and other parties, as an interim measure in aid of a CIETAC arbitration commenced by the Plaintiff against the other parties.
- Acting for Digital China, a Hong Kong listed company which was sued in Hong Kong for copyright infringement in relation to software allegedly being sold by one of its PRC subsidiaries.
- Acting for and advising the board of GOME Electrical Appliances Holding Limited, one of China’s largest electrical appliance retailers, in the settlement of an action commenced by the SFC against the company’s former Chairman and executive director concerning certain share repurchases in HCMP 1496 of 2009. The settlement resulted in a payment of HK$420 million in compensation.
- Acting for nominated curtain wall and roofing contractor (Builders Federal) on a major claim for delay and disruption, and extensions of time and acceleration payments for completion of the roof of the Hong Kong Convention Centre Extension, the forum for the change of sovereignty handover ceremony in 1997.
- Acting for a Canadian telecommunications company, in an arbitration against a large listed Japanese corporation in Osaka under the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The other party claimed that our client had defaulted on its minimum purchase obligation under a long term supply contract by refusing to take delivery of mobile telephones for the China market. Our client counter-claimed on the basis of systemic technical defects with the cell phones. The arbitration was settled on favourable terms for client.
- Advising certain promoters of a Southeast Asian company in relation to their dispute with a U.S Nasdaq listed company concerning the acquisition of a major global online hotel reservation system. The initial arbitral claim amounts to USD1.7 million but overall claims exceed US$25 million.
- Advising and acting for a major US supplier, a Hong Kong listed company and its subsidiary in relation to two sets of CIETAC arbitration proceedings relating to the non-payment for shipments of defective off-road vehicles supplied by a PRC manufacturer for the US market. Samples from the shipments of off-road vehicles seized by the US EPA failed to meet required standards for the certified engine families, resulting in large fines in excess of USD5 million which form the basis of a substantial counterclaim in the first CIETAC arbitration and a substantial claim in the second CIETAC arbitration. Various jurisdictional issues are involved in these proceedings. The issues in dispute were determined by the arbitral tribunal in accordance with PRC law.
- Acting for a leading accounting firm (one of the Big Four accounting firms) and one of their former partners who is acting as an independent expert in an ICC arbitration in the Philippines, subject to the Philippines law. The expert received a letter of complaint from one of the parties to the arbitration threatening to report his conduct to the Hong Kong Institute of Certified Public Accountants (HKICPA) on the grounds that he acted outside his terms of reference and unprofessionally. Camille was advising the accounting firm and the expert on an appropriate strategy including seeking the assistance of the Arbitral Tribunal to restrain the threatened breach of the confidential nature of the arbitral proceedings (in circumstances where the arbitral award on quantum was still pending) and considering the merits of an application for injunctive relief to prevent a formal complaint from being made to the HKICPA. The case was fully resolved in client’s favour.
- Acting for and advising two listed batteries manufacturing companies and their directors/employees in connection with an investigation conducted by the Securities and Futures Commission into the alleged offences of insider dealing and non-disclosure of interest. The SFC eventually confirmed that their investigation had concluded and they would not take any action against the client. The case was then referred to the Commercial Crime Bureau of the Hong Kong Police Force which has commenced a fresh investigation into the alleged offence of fraud under the Crimes Ordinance in respect of certain fund transfers involving the client which were revealed during the SFC investigation.
- Acting for various Hong Kong listed companies and prominent financial institutions in investigations conducted by the SFC for market misconducts, including disclosure of false or misleading information, insider dealing, fraudulent or deceptive act, etc. Most recently, as a result of SFC’s tightened enforcement against sponsors, Camille is also acting for one of China’s largest bank (who acted as a co-sponsor in an initial public offering of a Hong Kong listed company) in an SFC investigation on whether it was guilty of misconduct and/or is not a fit and proper person under the Securities and Futures Ordinance.
- Advising on a number of significant investigations conducted by the Hong Kong Stock Exchange and the SFC for corporate clients, including various complex issues such as insider trading and disclosure and looking at a wide range of issues under the Hong Kong Stock Exchange Listing Rules and the SFO involving complex cross-border issues including ever-vexing privilege and secrecy issues.
- Advising the Chief Executive of a leading American Bank in connection with an investigation conducted by the Hong Kong Monetary Authority into the alleged attempts of manipulating the spot rates for Non-Deliverable Forwards transaction.
- Involved in over 20 mediation cases which have arisen either from litigation or arbitration disputes, covering a diverse area of disputes from banking and commercial to construction/engineering, medical negligence, defamation and employment, including a recent defamation case involving a government cabinet minister, the current Secretary for Development; a Claim by Commerzbank for US$40 million following the financial collapse of Peregrine Bank.
- Acting for Wembley plc and its Hong Kong subsidiary Wembley International (HK) Ltd in a highly publicized dispute with the Hong Kong Government regarding the termination of the management agreement in respect of the Hong Kong National Stadium. The case was successfully defended and damages awarded.
- Representing a global multi-asset brokerage company in High Court proceedings transferred from the Labour Tribunal, commenced by its former head of sales and marketing of the equity derivative interdealer brokerage desk for wrongful dismissal. The case was successfully resolved following mediation.
- Acting for and advising joint and several liquidators (Deloitte Touche Tohmatsu) in relation to the liquidation of two BVI companies and realisation of Hong Kong and PRC assets of their subsidiaries. The compulsory and court supervised liquidations relate to a solvent group of companies of substantive value and arise out of the settlement of a shareholder/family dispute and related just and equitable winding up proceedings.
- Acting for court appointed receivers (two partners from Deloitte Touche Tomatsu) in HCA 2232 of 2013 in relation to a claim of over US$2,600,000,000 commenced by Motorola Solutions Credit Company LLC against 12 individual and corporate defendants. The roles of the court appointed receivers are to identify and preserve assets of three of the corporate defendants, as well as to gain access to their books and records.
- Advising and representing Indover Asia Limited (formerly a restricted licenced bank), an indirect subsidiary of Bank of Indonesia in opposing a winding-up petition in Hong Kong and in respect of a dispute over the ownership of the cash and securities in an Euroclear account (the counter-party being the Trustees in Bankruptcy of a bank in the Netherlands). The winding-up proceedings involved our client’s application to Court for a validation order before the substantive hearing so that the company could continue to operate. The dispute regarding the ownership of the assets in the Euroclear account involved complicated issues such as: (1) proprietary interest in the assets of the Euroclear account when the account holder was another entity; and (2) conflicts of laws as to whether Belgium or Dutch laws should apply to determine the ownership of the assets in the account.
- Representing Commerzbank in a US$40 million claim against the collapsed Peregrine Group in respect of a Tom/Next F/X swap transaction agreement. The subject matter of the action was an equitable proprietary claim based upon a breach of a constructive trust. Commerzbank maintained that Peregrine Group paid the US$40 million to a third party at a time when it knew or ought to have known that it had insufficient funds to make the due payment to Commerzbank. This was one of the first cases of its kind in Hong Kong to examine “Herstatt Risk” and was reported in the front page of the Financial Times.
- Advising a majority shareholder of a joint venture in relation to an application for winding up the joint venture on just and equitable grounds, as well as a separate derivative action to seek relief for his financial loss arising from the other shareholder’s acts (including unauthorised sale of the joint venture’s assets and unauthorised creation of charges over the company’s assets). It involved consideration of the client’s locus standi to commence the proceedings, since his shares had been, without his knowledge, transferred to the other shareholder unlawfully. Leading counsel was involved.
- Acting for and advising various investors including major private equity funds on their rights and remedies in relation to defaults of term and convertible loans by their portfolio company which is engaged in the advertising business on public transport in China and which resulted in the appointment of receivers by the lender.
- Representing the hostage’s wife in a Coroner’s Court hearing, in which her husband Kang Sang-Bo was killed by a police officer in a shootout in Aberdeen. Despite the Jury returning a verdict of death by misadventure, the Government subsequently settled civil litigation and paid substan