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. With a sector-neutral approach, Cheryl handles a diverse range of matters, including equity and commercial transactions, international trade and commodities, energy and natural resources, life science, biopharmaceuticals, e-commerce, shipping and transportation, manufacturing, banking and finance, and construction and engineering.

Cheryl focuses on litigation and international arbitration, bringing extensive experience as both counsel and arbitrator. She is currently listed as an arbitrator at the Hong Kong International Arbitration Centre (HKIAC), Beijing Arbitration Commission (BAC), Shenzhen Court of International Arbitration (SCIA) and Asia Pacific International Arbitration Chamber (APIAC). As counsel, she regularly represents and advises clients in London, Hong Kong and Singapore arbitrations administered by ad hoc or institutional rules (such as LMAA/ HKIAC/CIETAC HK/ICC/SIAC/FOSFA/ICA rules). She has vast experience in disputes with cross-border elements and parallel proceedings.

She has extensive experience in enforcement actions and procedural matters, including assets recovery, receivership, bankruptcy and reorganization, jurisdictional challenges, applications for interim measures and applications for recognition and enforcement of foreign judgments and arbitral awards. Additionally, she has considerable expertise in transactional and compliance matters and frequently provides consulting services to Chinese companies on the establishment of overseas structures.

Hong Kong Business named Cheryl as one of the “10 Most Influential Lawyers Under 40” in Hong Kong in 2023, 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.” Cheryl has also been named by Beyond Shipping as one of “Ten Outstanding Women in the Shipping Industry of China (中国航运界十大杰出女性)” in 2024 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”).

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;

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 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 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 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);

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

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 Hong Kong, England, P.R. China and Singapore.

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;

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

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.

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

Acting on behalf of clients in transnational litigation in England, P.R. China, the US, South Africa, South Korea, Japan, Panama, Hong Kong etc.;

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 substantial 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 an international travel agency company in defending an airline agency’s claim for breach of the contract in respect of the sale and purchase of specified number of seats of flights;

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

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 multiple defendants in a Hong Kong High Court action defending a claim for unlawful means conspiracy which involves a number of complex interlocutory applications, including security for costs, striking out and protest to jurisdiction;

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;

Advising on an iconic travel agency in Hong Kong in relation to liquidation and related employment and compliance issues;

Acting for the Owner in relation to charterparty disputes and wrongful arrest of vessels which involve complicated cross-border proceedings in India and South Korea;

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

Recognitions

Named as one of Hong Kong’s most influential lawyers under 40 by Hong Kong Business and the Asian Business Review, 2023
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