Current Employment Position(s)

Partner

Languages

• English

Lawyer Overview

Simon Powell specialises in complex commercial litigation matters (concentrating on bankruptcy & insolvency litigation, securities and shareholder litigation, corporate regulation and investigation, and antitrust and competition law) and in all aspects of business restructuring and reorganisation.

He has represented (and represents) multinational and local corporates and other entities as well as bankers and regulators, advising on a wide range of issues from contractual rights to tortious claims, on international trade and commercial disputes, injunctive relief and other methods of enforcement, banking and fraud, regulatory issues, and insolvency processes. Typically such matters involve complex issues of fact and law and contractual interpretation. Often this work is multijurisdictional and cross-border in nature. For example, Simon has recently been dealing with matters in Malaysia, Guam, Samoa, New Zealand, Australia, and the Cayman Islands and handles China-related issues on a regular basis.

Simon routinely works for banks and other financial creditors looking for recoveries from distressed borrowers and has often assisted insolvency practitioners in liquidations and receiverships as well as companies that find themselves in financial difficulties. He has been involved in numerous high-profile matters in the region in recent years, including, for example, SK Global, Cenargo, HIH, Asia Pulp & Paper, and the Akai Group.

Simon has extensive experience in dealing with investigations and proceedings instituted by the securities regulators in Hong Kong — the Stock Exchange of Hong Kong and the Securities & Futures Commission.

Simon has also represented telecommunications operators in Hong Kong in regulatory investigations instituted by, and proceedings commenced against, the body regulating the telecommunications market in Hong Kong — OFTA — in relation to antitrust/competition matters and merger issues.

Simon has almost 20 years of experience as a lawyer and has spent the last 15 years practising law in Hong Kong. He has been recognised as one of Hong Kong's foremost practitioners in numerous publications, including Who's Who Legal, the IFLR1000, Euromoney's Expert Guide to the World's Leading Lawyers, PLC Which lawyer?, and Asialaw's Leading Lawyers. Simon is the only practitioner listed in Legalease's Asia Pacific Legal 500 (2005/2006, 10th edition) as a "leading individual" in both the dispute resolution and the restructuring and insolvency categories.

Simon sits on the Management Committee of the Insolvency Interest Group (an INSOL member association) and on the Insolvency Practitioners' Remuneration Working Group. He is also a member of the Civil Litigation Committee of the Hong Kong Law Society. Simon has been admitted to practice in several jurisdictions besides Hong Kong, including England & Wales (non-practising), New York, and New South Wales, Australia.

Areas of Practice

• International Litigation & Arbitration
• Trial Practice
• Alternative Dispute Resolution & Mediation
• Bankruptcy & Insolvency Litigation
• Commercial Disputes
• Consumer Fraud & Warranty Litigation
• Business Restructuring & Reorganization
• Distressed Company Litigation
• Global Restructuring Matters
• Other Significant Creditor Representations
• Out-of-Court Restructurings
• Telecommunications

Representative Cases

• Securitization

West Practice Categories

Bankruptcy Law, Bankruptcy Litigation, Business & Commercial Law, Business & Trade, Business Organizations, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Dissolution, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Franchising, International Law, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Reorganizations, Secured Transactions, State Appellate Practice, State Trial Practice, Tax Litigation, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Bar Admissions

• Bar of England and Wales
• Hong Kong

Education

• College Law - Chester
• Leeds University - England

Published Works

• Wolves in Sheep’s Clothing? Shareholders as Creditors in Company Liquidations and Restructurings (Cross Border Currents, Spring 2006) (author), 2006
• ABA International Section Antitrust Committee’s 2005 Year-in-Review (the International Lawyer, Vol.40, No.2) (contributing author - Hong Kong section), 2006
• 2005 Annual Review of Antitrust Law Developments (Section of Antitrust Law, American Bar Association) (contributing author - Hong Kong section), 2006
• Company Law in Hong Kong - Insolvency (a Sweet & Maxwell publication) (contributing editor - Voluntary Winding Up), 2005
• Tort Law and Practice in Hong Kong (a Sweet & Maxwell publication) (contributing editor - Limitation), 2005
• When is a fixed charge not a fixed charge? The Brumark Decision (Asian Lawyer) (author), 2001
• A Guide to Hong Kong’s Insolvency Regime (a Hong Kong Institute of Certified Public Accountants publication) (editor), 2000
• A Question of Bias - the Privy Council decision in Cheng v Panel on Takeovers & Mergers and Anor (30.10.95, PC) Hong Kong Lawyer) (author), 1996

Address

29th Floor, Edinburgh Tower; The Landmark
15 Queen's Road Central
Hong Kong, Hong Kong

Phones

852.3189.7248 (Business Phone)

Faxes

852.2868.5871 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com