Cheryl Yu

"Cheryl Yu is familiar with both mainland and Hong Kong laws and can provide high-quality services to clients under different legal backgrounds."
Legal 500 Hong Kong, Dispute resolution: international arbitration client

Cheryl is qualified in the PRC, Hong Kong SAR and New York. Her practice spans across a broad range of sectors. Cheryl handles a diverse range of matters, including equity and commercial transactions, banking and finance, energy and natural resources, international trade and commodities, transportation and logistics, TMT (Technology, Media and Telecom), e-commerce, life sciences and biopharmaceuticals, manufacturing, consumer goods and retail, Web3 and virtual assets, data centers and construction and engineering.

Cheryl focuses on litigation and international arbitration, with extensive experience acting both as counsel and arbitrator. She is listed as an arbitrator at the Hong Kong International Arbitration Centre (HKIAC), Beijing Arbitration Commission (BAC), Tianjin Arbitration Commission (TAC), Shenzhen Court of International Arbitration (SCIA), South China International Arbitration Center (HK) (SCIAHK), Asian-African Legal Consultative Organization Hong Kong Regional Arbitration Centre (AALCO-HKRAC) and Asia Pacific International Arbitration Chamber (APIAC). As counsel, she regularly represents clients in London, Hong Kong, and Singapore arbitrations under both institutional and ad hoc rules, including LMAA, HKIAC, CIETAC HK, ICC, SIAC, FOSFA, and ICA rules. Her work frequently involves disputes with cross-border elements, parallel proceedings, and complex factual or regulatory issues. Cheryl has extensive experience in overseas litigation across jurisdictions, including in the United States, the United Kingdom, Australia, Singapore, Japan, South Korea, India, the EU, South Africa, Brazil, and Panama).

She has significant experience in enforcement actions and procedural matters, including asset recovery, receivership, bankruptcy and reorganization, jurisdictional challenges, interim measures, and the recognition and enforcement of foreign judgments and arbitral awards.

Cheryl also has extensive experience in compliance and regulatory matters including handling matters related to investigations conducted by the Hong Kong Securities and Futures Commission (SFC). Cheryl also frequently advises Chinese companies on cross-border compliance matters for overseas expansion, with her advice covering sanctions and export controls, establishment of offshore structures, foreign investment permits, data compliance, environmental compliance, customs and import/export compliance, and payment compliance. Cheryl has been recognized for her professional achievements and influence in the legal sector. In 2024, she was named among the “Ten Outstanding Women in the Shipping Industry of China” (中国航运界十大杰出女性) by Beyond Shipping in recognition of her contribution to the shipping industry in the legal sector. In the same year, Cheryl was also recognised by CLECSS as one the of the “Ten Outstanding Young Lawyers in 2024” in recognition of her “professional achievements and her contribution to the training of young legal professionals”. Additionally, she was recognized in the LexisNexis “40 UNDER 40” List of 2024 (“Asia List” and “Greater China List”). In 2023, Hong Kong Business named Cheryl as one of the “10 Most Influential Lawyers Under 40” in Hong Kong, and commended Cheryl for being “actively involved in high- value arbitrations and complex disputes” and her practice in “guiding PRC Mainland companies in international expansion and providing tailored legal solutions to tech and emerging sectors.”

Experience

Representative matters

Acting for an offshore holding company and the PRC subsidiaries of a Chinese internet group in various HKIAC arbitrations concerning cross-border investment disputes on a share redemption plan valued at over USD 75 million. The disputes involved highly complex factual matrix arising from the VIE structure and SAFE regulations, and also gave rise to ancillary legal proceedings in other jurisdictions;

Acting for a group company in the beauty industry and related individuals against claims by a private equity fund in an HKIAC arbitration in relation to disputes over repurchase of equity (quantum of around US$70 million);

Acting for a PRC entrepreneur and his related entities in defending an investor’s claims arising from a SPA dispute (matter value exceeds USD 14 million) in a HKIAC arbitration. The matter gives rise to ancillary legal proceedings in the mainland PRC and various cross-border issues (such as security and enforcement);

Advising various offshore syndicated lenders on their rights and risks under a series of onshore and offshore structured term-loan facilities and security documents (the combined defaulted indebtedness of approximately USD 1.03 billion) following various events of default, including the syndicate’s right to commence arbitration in Hong Kong at the HKIAC and apply for interim measures in PRC in aid of HK arbitration. The syndicated facility, involving more than a dozen participating lenders from a multitude of jurisdictions, was one of the largest structured commodity finance deals in Asia;

Acting for a state-owned company in defending a CIETAC HK arbitration commenced by a Hong Kong company for disputes regarding a commodity sale and purchase agreement, which involves complex agency, letter of credit and local customs issues under Hong Kong and PRC laws;

Acting for a state-owned logistics company in a single arbitration under multiple contracts at the HKIAC for a claim exceeding USD 8 million;

Acting for a Chinese technology group company in HKIAC arbitration against its private equity fund investors, involving a share repurchase dispute worth over US$53 million and related Cayman Islands liquidation proceedings;

Acting for an American multinational pharmaceutical company in respect of claims for breaches of representations and warranties under a share purchase agreement in a HKIAC arbitration (matter value exceeds USD 40 million approximately);

Acting for a wholly owned subsidiary of a PRC dual-listed pharmaceutical group in an LCIA arbitration involving a contractual dispute valued at over USD 59 million;

Acting for a major state-owned company as buyers against another major state-owned company for disputes in a massive claim of over USD 100 million regarding alleged fraudulent sale and purchase of naphtha, subject to Singapore arbitration and a pending investigation from the CSRC of Anhui province and Hong Kong SFC;

Acting for a state-owned company against various major cotton sellers for disputes arising out of alleged contracts of sale forged by the employees in ICA arbitration (matter value exceeds USD 10 million approximately);

Acting for a Singapore trading company in respect of a commodity sale and purchase dispute against a mainland PRC company in a HKIAC arbitration, and successfully applied for the property preservation in PRC courts;

Acting for a Hong Kong listed company for disputes regarding the crew social insurance payments in a Hong Kong ad hoc arbitration against a crew manning agency;

Acting for the Charterers and Insurer to defend the Owner’s claim for General Average contributions in a LMAA arbitration; and represented the Charterers to counterclaim for the loss and damages suffered as a result of the transshipment after grounding;

Advising and conducting arbitrations in various jurisdictions including PRC, Hong Kong, England, Singapore and the US.

Acting for one of the largest e-commerce platforms in China in respect of the setting up of an overseas e-commerce platform, including drafting various platform agreements and advising on issues relating to the funds flow arrangement for the client’s e-commerce business (including the MSB requirements in the US) as well as compliance issues involving jurisdictions of the US, Singapore, and Hong Kong;

Advising a leading consumer electronics manufacturer on various compliance matters, including issues relating to product warranties, overseas advertising compliance, and cross-border product importation;

Assisting and advising one of the world’s largest cloud computing companies on internet data center compliance, cloud product import and compliance and foreign investment restrictions;

Assisting and advising a financial technology company in Hong Kong on US regulatory and compliance requirements in respect of cryptocurrency payments;

Advising on anti-dumping under PRC law, including anti-dumping identification and measures;

Acting for clients in handling cross-border litigation involving multiple jurisdictions, including Mainland China, Hong Kong, Singapore, the United Kingdom, the United States, Japan, South Korea, South Africa, India, Panama, Brazil, Australia, France;

Pinpoint Multi-Strategy Master Fund v Gangtai Group Co., Ltd and Others [2021] HKCFI 1011 (Discharge of a Chabra Injunction Order).

Acting for multiple defendants in defending an unlawful conspiracy claim in the High Court of Hong Kong, the proceedings of which involved numerous complex interlocutory proceedings including applications for security for costs, applications to strike out, and jurisdictional challenges;

Acting for clients and their related entities in shareholding disputes involving companies incorporated in Hong Kong and Cayman Islands (including advice on potential injunction applications to the Hong Kong courts).

Acting for a Chinese state-owned company in relation to the false registration of the state-owned company as a shareholder of Hong Kong companies (including applications to the Hong Kong court under section 42 of the Companies Ordinance)

Advising a PRC state-owned mining enterprise and its subsidiary in a claim against the other shareholder of a joint venture company for repayment of a loan of over USD 300 million and in defending unfair prejudice and mismanagement allegations in arbitration proceedings, successfully opposed the debtor’s injunction application to restrain the client from enforcing the loan security and obtained the summary judgment in favor of the client in the Hong Kong Court;

Acting for a Chinese port operator company in a litigation against a multinational logistics company in relation to an inducement of breach of contract for a potential exposure over USD 485 million;

Acting for a Chinese electric motorcycle company to defend product liability claims in two litigation in the US;

Advising an international bank in lifting injunctions issued by Indian courts over its demand guarantees and associated counter-guarantees;

Acting for a Hong Kong company in respect of its application for discharge of a proprietary injunction and a Mareva injunction obtained by a Chinese state-owned company.

Assisting in the registration and enforcement of mainland PRC judgments in Hong Kong (Unreported: Rao Zhongxiang v. Li Yan Cheung & Anor. HCMP 928, 930, 931/2017);

Acting for a PRC travel agency company in a Hong Kong High Court action defending a contractual dispute (matter value exceeds RMB 250 million approximately) in relation to flight charter agreements;

Acting for an iconic travel agency in Hong Kong in relation to liquidation and also advising on related employment and compliance issues;

Regularly acting for Owners or Charterers in relation to charterparty disputes and arrest of vessels, with certain cases involving multi-jurisdictional issues and issues of parallel proceedings;

Regularly acting on behalf of clients to apply for recognition and enforcement of Chinese and foreign arbitration awards and court judgments in Hong Kong courts.

Acted for a large integrated steel enterprise in labour disputes in South Africa involving unfair discrimination and dismissal.

Acted for a large integrated steel enterprise in labour disputes in South Africa involving constructive dismissal and dismissal for misconduct.

Advised a subsidiary of a Hong Kong–listed company engaged in technology-based financial services on disputes involving multiple employees alleged of breaching their employment contracts and confidentiality agreements with their former employer.

Represented a subsidiary of a Hong Kong–listed company engaged in technology-based financial services to defend an employee’s claim for termination compensation before the Labour Tribunal, and filed counterclaims in the High Court for breach of non-restrictive covenants and confidentiality obligations.

Advised a large U.S. multinational industrial group regarding redundancies in Hong Kong, including calculating the severance payable to each employee and reviewing draft documents prepared to notify employees of termination and related arrangements.

Advised a large electronic communications import export trading company, including advising on issues relating to the Mandatory Provident Fund (MPF) and severance arising from redundancies affecting former employees.

Recognitions

Recognised as a winner in the LexisNexis “40 UNDER 40” (“Asia List” and “Greater China List”), 2024
Named as one of Ten Outstanding Young Lawyers in 2024 by CLECSS, 2024
Named as one of Ten Outstanding Women in the Shipping Industry of China by Beyond Shipping, 2024

Credentials

Education

Columbia University, Master of Laws
Tulane University, Master of Laws, Distinction
Dalian Maritime University, Bachelor of Laws

Professional admissions & qualifications

China
Hong Kong SAR
New York

Professional affiliations

Member of the Law Society of Hong Kong
Member of Shanghai Bar Association
Fellow of the Chartered Institute of Arbitrators
Member of the Hong Kong Institute of Arbitrators
Member of China Maritime Law Association
Member of the Hong Kong Maritime Arbitration Group
Supporting Member of London Maritime Arbitrators Association
List of Arbitrators of the Hong Kong International Arbitration Centre
Panel of Arbitrators of the Beijing Arbitration Commission
List of Arbitrators of the Tianjin Arbitration Commission
Panel of Arbitrators of the Shenzhen Court of International Arbitration
Panel of Arbitrators of South China International Arbitration Center (HK)
Panel of Arbitrators of the Asia Pacific International Arbitration Chamber
Panel of Arbitrators of the Asian-African Legal Consultative Organization Hong Kong Regional Arbitration Centre
Panel of Arbitrators of the Qingdao Arbitration Commission
Member of Committee for Members with Mainland Background of the Law Society of Hong Kong