Howlett, Ashley M.

Current Employment Position(s)

Partner

Languages

• English

Lawyer Overview

Ashley Howlett's practice focuses on construction and engineering issues connected with infrastructure and major projects. Ashley has been based in the Beijing Office since its opening in 2003, and he leads the Firm's Construction Practice in Asia. Ashley advises Chinese and international clients on all aspects of the design and construction process, including drafting and negotiating contract documentation, dispute avoidance, and dispute resolution by way of mediation, arbitration, and litigation.

Ashley has lived and worked in China, Hong Kong, Malaysia, New Zealand, Singapore, and the United Kingdom and been involved in major construction and infrastructure projects throughout Asia for the past 13 years. Ashley's practice is focused on construction projects and disputes in China, and he also regularly counsels Chinese contractors in relation to projects around the world. He has recently advised Chinese contractors involved in projects in Angola, Brazil, Dubai, Egypt, Libya, Nigeria, and Pakistan.

Ashley is ranked as a leading individual for construction and dispute resolution by Asia Pacific Legal 500 and is ranked in the Chambers & Partners 2008 and 2009 Asia Legal Guides as the leading foreign construction lawyer in China, where he is described as "probably the most famous foreign construction lawyer you'll come across in China" and "extremely pragmatic, shrewd and personable — you can't get better than him." Ashley is also the author of the only English language text book on Chinese construction law, Chinese Construction Law — A Guide for Foreign Companies, which was first published by CCH Wolters Kluwer in October 2006 with a second edition published in November 2009.

Areas of Practice

• International Litigation & Arbitration
• Trial Practice
• Energy
• Real Estate
• Alternative Dispute Resolution & Mediation
• Energy Projects
• Construction
• Hospitality
• Construction Litigation

Representative Cases

• Anglo/Japanese/Chinese contractor with airport construction claims
• Bilfinger Berger/Continental Engineering joint venture negotiates two civil works contracts and claims related to Taiwan High Speed Rail Corporation
• British pharmaceutical company builds R&D facilities in Tianjin, China
• Building owners file complaint against building contractors for defects/subsidence in housing development in Midlands, England
• Center for Legal Assistance to Pollution Victims receives assistance in preparing a guideline for environmental protection lawyers to deal with litigation cases in China
• Chevron Geothermal disputes EPC contract in connection with a 110 MW power plant in Indonesia
• Chinese contractor bids for EPIC Contract to design, procure, install and commission floating storage and offloading facility offshore Libya
• Chinese contractor builds cement plant in Egypt , (2009)
• Chinese contractor builds port in Brazil
• Chinese contractor builds port in Nigeria
• Chinese contractor defends high court action brought by German subcontractor relating to a building project in Hong Kong
• Consortium of contractors involved in disputes before Disputes Review Panel in connection with the building of the Channel Tunnel (TML)
• Contractor files claim against an international oil company in connection with construction of a North Sea Oil and Gas platform
• Contractor joint venture produces contract for Hong Kong West Rail project
• English contractor involved in arbitration relating to a £30 million loss and expense in connection with a London office development
• Firm counsels Chinese adoption foundation
• Fortune 500 plastic manufacturing company builds plant in Shanghai
• French chemical and oil companies build project in Changshu Economic Development Zone
• French construction company establishes a foreign-invested construction enterprise in China
• French general contractor seeks advice on project structuring and licensing issues in China
• French multinational food manufacturer builds facility in Tianjin
• French supermarket developer and operator updates design and construction contracts for new projects in China
• French water company establishes a design company in China
• Fund managers pursue breach of contract claims against property developers of large UK shopping center
• German construction company bids for the construction of one of the Beijing subway projects
• German construction company establishes a foreign-invested construction enterprise in China
• German construction company involved in constructing Beijing Subway Line No. 5
• German international contractor files claims against the Hong Kong government in relation to unforeseen ground conditions
• German/Taiwanese contractor joint venture involved in claims related to Taiwan High Speed Rail project
• Guangdong LNG sponsors develop and finance China's first LNG import terminal and trunkline , (2009)
• Heathrow Airport prepares agreements in connection with the construction of baggage handling system , (2009)
• Hitachi Global Storage Technologies negotiates EPCM Contract for the construction of a Shenzhen hard disc drive facility
• Hong Kong based energy company in CIETAC arbitration with Chinese contractor
• Hong Kong contractor in arbitration over airport construction claims
• Hong Kong Italian joint venture involved in litigation concerning subsidence allegedly caused by the Strategic Sewage Disposal System
• International construction companies terminate building projects in Indonesia and Singapore
• International contractor terminates contract in connection with infrastructure project in Kuala Lumpur
• International contractors consider impact of the Severe Acute Respiratory Syndrome (SARS) on construction contracts in Hong Kong and Taiwan
• Italian/French contractor joint venture bids to design and construct LNG facility in Fujian, China
• Japanese contractor defends claims in the high court in relation to the fabrication and erection of the steelwork on the IFC II Tower
• Japanese contractor involved in contractual and claim issues related to work on the Taipei Financial Center in Taiwan
• Japanese contractor reviews performance bond in connection with a construction project in Indonesia
• Japanese hard-disc drive manufacturing company constructs manufacturing plant in Shenzhen
• Korean construction company establishes a foreign-invested construction enterprise in China
• Korean/Chinese contractor joint venture involved in contractual and claim issues related to Macau Tower Entertainment Center
• Local authority water company in New Zealand reviews ICemE-based contract in connection with upgrading a plant and constructing a new plant
• Malaysia/Singapore Second Crossing road bridge prepares construction contract
• Malaysian energy company bids for water project in Saudi Arabia
• Manchester Airport prepares contract in connection with redevelopment project , (2009)
• Multinational manufacturing company constructs foundry facilities in Heibei
• New Tanjung Pelepas seaport prepares contracts in connection with construction of a seaport in Johor, West Malaysia
• New Zealand refining company involved in dispute with the New Zealand government concerning royalties
• Nippon Steel negotiates contract to supply and install structural steelwork for world's tallest building, Taipei Financial Center
• Oil company consortium constructs pipeline at Marsden Point in New Zealand
• Otis Elevator Company involved in New Zealand high court claim against building owner for breach of contract
• Petronas considers risks in connection with construction of a petrochemical plant in Malaysia
• Petronas involved in dispute in connection with the construction of a pipeline in the Sudan
• Petronas prepares construction contract in connection with the Petronas Twin Towers in Kuala Lampur
• Spanish contractor considers health, safety, and environmental issues in connection with the KCRC East Rail project in Hong Kong
• Structural steelwork subcontractor involved in arbitration against main contractor in connection with issues relating to construction of an office in New Zealand
• Swiss pharmaceutical company builds R&D facility in Zhangjiang Hi-Tech Park in Shanghai
• Textron affiliate works to develop Shanghai plastic fuel tank manufacturing plant
• Tishman Speyer updates design and construction contracts for use on new projects in China
• U.S. auto parts manufacturer builds manufacturing plant in Jiangsu, China
• U.S. chemical company builds precipitated silica production facility in Qingdao, China
• U.S. energy company prepares EPC contract in connection with Indonesian Power Plant expansion project
• U.S. engineering company in arbitration proceedings before the Shanghai Arbitration Commission
• U.S. underground mine equipment manufacturer builds facility in Suzhou, China

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Commercial Leasing, Commercial Real Estate, Complex Litigation, Condemnation, Condominiums & Cooperatives, Contracts, Conveyancing, Eminent Domain, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Land Use & Zoning, Landlord/Tenant, Litigation & Appeals, Military & Veterans Appeals, Mortgages & Foreclosures, Multidistrict Litigation, Patent Litigation, Real Estate Law, Residential Real Estate, State Appellate Practice, State Trial Practice, Tax Litigation, Title Insurance, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Hong Kong

Education

• U of Otago - New Zealand

Published Works

• China's Supreme People's Court Issues Clarification and Interpretation of the Contract Law, 2010
• Fraudulent Misrepresentation of Key Project Personnel, 2010
• China's Construction Industry Comes Under the Microscope, 2009
• Recent Trends in the Chinese Architectural and Engineering Design Industry and New Opportunities for Foreign Designers, 2009
• Conflicting Legal Regimes Governing Construction Project Management in China, 2009
• Land Ownership and Development in China, Counsel to Counsel Magazine, 2008
• Resolving the Minor Property Right Problem in China, 2008
• China's New Administrative Regulation on Prepaid Corporate Income Tax for Real Estate Developers, 2008
• The Impact of the New "Super Ministries" Announced by China and How This Affects the Construction Industry, 2008
• Impact of Recent Restrictions on Foreign Investors in the Chinese Real Estate Market, 2008
• Vague land-use rights provisions raise concerns, South China Morning Post, 2007
• China introduce medidas para regular la inversion, Elmundo, Spain, 2007
• The New Property Law in the People's Republic of China, The Real Estate Finance Journal, 2007
• The Impact of the WTO on China's Construction, Engineering and Design Industries – Five Years of Change and Challenges for Foreign Companies, The Real Estate Finance Journal, 2007
• Only Implementation Will Reveal Full Impact of New Property Law, Financial Times, 2007
• China's Ministry of Construction Issues New Qualification Regulations for Construction, Design, and Supervision Enterprises, 2007
• Further Restrictions for Foreign Investors in China's Real Estate Market, 2007
• China Introduces Further Measures to Regulate Foreign Investment in its Real Estate Market, 2007
• The New PRC Property Law, 2007
• The Impact of the WTO on China's Construction, Engineering, and Design Industries: Five Years of Change and Challenges for Foreign Companies, 2007
• PRC Government to Enforce Collection of Land Appreciation Tax, 2007
• China Issues New Regulations Opening the Market for Crude Oil, 2007
• China Issues New Regulations Opening the Market for Oil Products, 2006
• Interpretation of the PRC Arbitration Law by the Supreme People's Court, 2006
• PRC Construction Law - A Guide For Foreign Companies, CCH, A Wolters Kluwer business, 2006
• Cultural Design Collision—China’s Ministry of Construction Investigates Foreign Companies Involved in China’s Construction Industry, 2006
• PRC Ministry of Construction Issues Draft of Qualification Standards for Construction Engineering General Contracting Special Grade, 2006
• The Perils of Bad Contract Drafting: The Irony of Dispute-Resolving Provisions Becoming the Cause of Dispute, 2006
• China’s Ministry of Construction Issues Administrative Regulation for Foreign-Invested Construction Services Enterprises, 2005
• China’s Ministry of Construction Issues Consolidated Qualification Regulations for Consultation, 2005
• China’s Ministry of Construction Issues Standard Forms of Guarantee for Construction Works, 2005
• What Happened Last Year and What Might Happen This Year? The Fundamental Changes in China’s Land Law, 2005
• Provisional Measures Concerning Retention Money for Construction Works in China, 2005
• The Art of Construction Project Management in China, 2005
• A Revised Construction Law for China, 2004
• Ministry of Construction Issues Administrative Measures on Concession Arrangements for Municipal Public Utilities, 2004
• Chinese Builders Go Global, Far Eastern Economic Review, 2004
• Chinese Construction Companies Go Global - Evolving Know-How and Low Costs Help Firms Score Contracts Abroad, Wall Street Journal, 2004
• Skill Qualification Certificates Issued for First Foreign-Invested Construction Enterprises in China, 2004
• Arbitration - the Superior Method for Solving Disputes in Projects, Chinese International Contractors Association Magazine, 2004
• China's Construction Market, AmCham China Brief Magazine, 2004
• Design Firms Set for China Opening, Hong Kong Standard, 2004
• Relaxation of Some Restrictions on Subcontracting for Construction Projects in China, 2004
• China’s Ministry of Construction Issues Foreign Design Enterprise Regulations, 2004
• Helping Chinese Construction Companies Go Global, Chinese International Contractors Association Magazine, 2004
• Mainland Courts Take Practical Line on Disputes, Hong Kong Standard, 2004
• Interpretation of the Supreme People’s Court on the Law as it Applies to Construction Disputes in China, 2004
• China's Real Estate and Construction Market, Immobilien Business, Switzerland, 2004
• Improving Implementation of the PRC Construction Law, 2003
• China's Real Estate Market, Immobilien-Manager, Switzerland, 2003
• Building Boom in China, Finanzen, Germany, 2003
• China’s Ministry of Construction Extends Period for Applying for Foreign-Invested Construction Enterprise Qualification Certificates, 2003
• Swire Properties Ltd. and others v. The Secretary for Justice on behalf of the Government of the HKSAR, 2003
• China’s Supreme People’s Court Upholds Autonomy of Letters of Credit, 2003
• Honest and Reasonable Mistake: Is it Still a Defence to Construction Site Safety Prosecutions?, 2003
• Does Hong Kong Need a Construction Law?, 2003
• Construction: How will China’s Accession to the WTO Affect the Construction Industry in China – Opportunities for Foreign Companies, 2003
• Olympics to Pose Tender Test, Hong Kong Standard, 2003
• Market Access Report: Construction, China Law & Practice, WTO, 2002
• Enforcement of Mediation Settlement Agreements in China, 2002
• WTO and Construction in China, China Law & Practice, 2002
• Sub-Surface Conditions Revisited, A Contractor Fails Again , Hong Kong Construction Manager, 2002
• HK Needs Law Requiring Prompt Payments, Hong Kong Standard, 2002
• Taiwan Enjoys BOT Boom, Hong Kong Standard, 2002
• International Construction Developments – What Comes After Partnering?, 2002
• Support Builds for Arbitration, Hong Kong Standard, 2002
• Construction Dispute Resolution in Mainland China, Chartered Institute of Builders Journal (Hong Kong), 2002
• Environmentally Sustainable construction - the Hong Kong Experience, The Straits Lawyer, Singapore, 2001

Address

32nd Floor, China World Office 1
No.1 Jianguomenwai Avenue
Beijing 100004, China

Phones

86.10.5866.1113 (Business Phone)

Faxes

86.10.5866.1122 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com