Mark A. West

Mark joined Reed Smith in 2019 as a partner in the Hong Kong office, having qualified as a solicitor in Hong Kong in 2002, and as a solicitor in England and Wales in 2009.

Mark has extensive experience advising and representing Hong Kong-listed companies, multinational companies, and high-net-worth individuals in relation to a wide array of regulatory investigations, high-value and complex commercial disputes, white-collar crime and fraud investigations, and prosecution defence. His experience also extends to advising on and coordinating complex and large-scale cross-border and multi-jurisdictional commercial litigation and arbitrations, as well as criminal and regulatory investigations.

Experience

Representative matters

Advising and representing Hong Kong-based companies, multi-nationals and international corporations in complex domestic commercial litigation in the Hong Kong High Court, District Court and the Court of Appeal as well as higher courts around the Asia Pacific Region, England & Wales, New York the British Virgin Islands; and in international and domestic (HKIAC) arbitrations.

Advising on and representing clients in respect of ancillary applications for and the setting aside of Mareva injunctions, proprietary and mandatory injunctions and Anton Pillar orders; prosecuting and defending forum non conveniens, anti-suit injunctions and related jurisdiction challenges.

Advising and representing numerous Hong Kong Stock Exchange Main Board and GEM Board publicly listed companies, their subsidiaries and director(s) in relation to contentious matters including regulatory (SFC/Stock Exchange of Hong Kong Ltd) investigations and actions, ICAC investigations, joint venture, merger and acquisition and management/shareholder disputes, defaults under both ‘vanilla’ and multi-layer convertible notes, intra-group and third party share/asset pledges, guarantees and indemnities, insolvency and restructurings, intellectual property disputes.

Advising and representing corporate and high net worth individual clients and independent brokerages in relation to claims involving the marketing and sale of structured derivative and insurance-linked investment products/platforms and trust disputes.

Advising and representing clients in relation to international and cross-border (PRC/Hong Kong) import/export and trade disputes, actions to recover seized goods and defending tax/duty related criminal prosecutions.

The enforcement of judgments and arbitral awards in Hong Kong and abroad.

Advising and representing a ultra-high net worth individual and his various SPVs in Hong Kong, the United Kingdom and coordinating the conduct of claims and foreign proceedings in Singapore the British Virgin Islands and the United Kingdom in respect of claims and cross-claims with a combined value exceeding US$1.2 Billion, including various ancillary interlocutory actions for anti-suit injunctions, the discharge of caveats registered against numerous Singapore properties forum non conveniens challenges and a contested application for leave to commence a double-derivative action under s.216A of the Singaporean Companies Act.

Advising and representing several companies (international and domestic) and individual victims of letter of credit, phishing, investment scheme, Nigerian letter/419 and email hacking/payment diversion frauds (and variations on the themes) in obtaining Mareva injunctions, bankers’ disclosure orders under s.21 of the Evidence Ordinance (Cap.8), declaratory default judgments under Order 19(1) of the High Court Ordinance (Cap.4A).

Advising and representing repo-lenders in respect of the forfeiture of shares in Hong Kong listed issuers provided as collateral by the vendor-borrowers valued in excess of US$42 million and defending cross-claims voiding and/or repudiating the repo-lending security agreements on grounds of deceit, fraudulent misrepresentation, unconscionability and for contractual breaches.

Advising and acting for minority shareholder/directors in a fund management platform in the concurrent prosecution of unfair prejudice claims and statutory derivative proceedings under sections 168A and 168BC et seq., of the Companies Ordinance (Cap.32) for breach of fiduciary and directorial duties following the wrongful diversion of a US$100 million investment by the Kuwaiti Public Institution for Social Security (KPIFSS) and other corporate opportunity to a shadow fund management platform.

Advising and acting for the founding shareholder/director in a simultaneous battle for management control over the parent company, Gulf Security Technology Co Ltd, following the sale of its subsidiary, Chubb Fire & Safety Co Ltd to NYSE-listed United Technologies Corporation (UTX) for US$1 Billion and with UTX in respect of alleged breaches of contractual representations and warranties.

Advising a Hong Kong Main Board listed garment retailer and coordinating its defense of multi-party property damage and business interruption claims totaling approximately AED 24 million arising out of a large warehouse fire in the Dubai DIRC.

Advising private banking clients and acting for them in Hong Kong High Court proceedings arising out of private banks’ miss-selling of accumulator/decumulator and other structured derivative products.

Investigating and advising a high net worth family and subsequently acting for their private banking SPVs in Hong Kong proceedings against Barclays Wealth Management Ltd (“Barclays Wealth”) in respect of losses totaling US$4.6 million arising out of a complex, sophisticated and widespread fraud committed by Barclays Wealth’s former private banker, Jagdish Kale.

Advising and representing a high net worth individual’s private banking SPV against Standard Chartered Bank Ltd (“SCB”) in respect of investment losses totaling circa US$2.2 million arising out of SCB’s negligent promotion of Madoff-linked feeder funds.

Advising and representing an educational software developer in respect of the misappropriation of source code by former employees and its commercial exploitation, including obtaining a proprietary injunction order to restrain further use/exploitation and Anton Pillar order for seizure of the misappropriated source code, derivative software and related materials.

Commissioning and overseeing the taking of evidence from client witnesses in Hong Kong compelled to provide documents and deposition evidence in connection with foreign commercial/civil proceedings under the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970).

Advising and acting for a mid-tier private equity fund in the defense of HKIAC arbitration proceedings brought by an investor/shareholder involving alleged breaches of contractual representations, warranties and concomitant minority shareholder prejudice.

Advising and acting for a Hong Kong-listed branded clothing manufacturer/retailer in Hong Kong High Court proceedings and latterly HKIAC arbitral proceedings against one of Hong Kong’s most prolific landlords in respect of various breaches and alleged breaches and purported forfeiture of the lease over its flagship store with a residual value in excess of HK$580 million.

Advising and acting for a Hong Kong parent company in HKIAC arbitration proceedings concerning various alleged contractual breaches and aborted acquisition of its subsidiary’s PRC battery, electronics and security devices manufacturing plant with a value exceeding US$65 million.

Advising and representing various private bankers in respect of HKMA and SFC investigations arising out of complaints concerning the alleged miss-selling of accumulator/decumulator and other structured derivative products.

Shadow-advising China Railway Logistics Limited (Stock Code 8089) following the purported disappearance of HK$110 million earnest moneys paid in respect of a Pan-China billboard advertising deal.

Advising and acting for PME Group Ltd (Stock Code 379) (“PME”) and several of its directors and officers in respect of a Hong Kong Stock Exchange (the “Exchange”) enquiry, SFC investigation and proceedings under section 384 of the Securities and Futures Ordinance (Cap.571) for the presentation of misleading information to the Exchange in relation to PME’s acquisition of ZZ Node Technologies Co Ltd (another GEM Board listed entity).

Advising and representing an individual in the defense of criminal proceedings brought under section 25 of the Organized and Serious Crimes Ordinance (Cap. 455).

Advising and attending to the taking of evidence from client witnesses in Hong Kong compelled to provide documents and deposition evidence in connection with foreign criminal matters under the Mutual Legal Assistance in Criminal Matters Ordinance (Cap.525).

Advising a group of nine Hong Kong diamond wholesalers in relation to the arrest of 32 employees and the seizure of smuggled rough and cut diamonds valued in excess of US$40 million by the Shenzhen Customs Bureau; coordinating their defense of criminal proceedings in Shenzhen and the ultimate release of 23 detainees negotiated through Sino/India diplomatic, political and commercial channels.

Acting for various fashion brands in respect of copyright and trademark enforcement including the issuance of ‘cease and desist’ letters, applications for injunctions to restrain continued infringement and the prosecution of the underlying Hong Kong High Court enforcement proceedings.

Advising on and assisting a Hong Kong-listed branded clothing manufacturer/ retailer in respect of competing trademark enforcement proceedings across 9 EU and Benelux jurisdictions.

Advising and acting for creditors and debtors in respect of the issuance of statutory demands, insolvent winding-up petitions/proceedings, the appointment of administrators pursuant to mortgage/charge/security agreement, the appointment of liquidators, applications to invalidate and claw-back unfair preferential payment, undervalue connected party transactions and fraudulent conveyances.

Advising and acting for Hong Kong companies undergoing contested and uncontested share capital reductions, schemes of arrangement and other Court-approved restructuring processes.

Advising and representing clients in respect of the registration of foreign judgments in Hong Kong under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap.319) and arbitration awards under the New York Convention Regime and Order 73 of the Rules of the High Court (Cap.4) and through common law enforcement proceedings.

Advising and representing various clients for the purposes of arresting vessels and aircraft as security for claims and judgments; obtaining garnishee orders, charging orders, orders for possession and sale and the appointment of receivers.

Recognitions

Recommended by The Legal 500 Asia Pacific for Hong Kong: Regulatory and Dispute Resolution, 2012-2018
Recommended by The Legal 500 Asia Pacific for Hong Kong: Dispute Resolution, 2019. Commended for being “outstanding in his ability to digest complicated facts and legal arguments, and come up with effective and practical solutions”.