Edward Taylor

Overview

Edward Taylor is a partner in the International Arbitration practice.

He represents and advises companies, States and State-owned entities in commercial and investment treaty disputes. His practice includes disputes related to energy, infrastructure, joint ventures, M&A, private equity, TMT, digital assets and real estate.

Edward has acted on arbitrations conducted under the auspices of the Hong Kong International Arbitration Centre (HKIAC), International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA), Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as ad hoc proceedings under the UNCITRAL arbitration rules and Emergency Arbitrator proceedings.

Edward also represents parties in general commercial litigation and arbitration-related court proceedings, including arbitrator challenges and enforcement matters, as well as expert determination, mediation and dispute review board procedures.

Edward is dual-qualified in England and Wales (solicitor advocate) and Hong Kong (solicitor). He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Hong Kong Institute of Arbitrators (FHKIArb). He is also a member of the HKIAC's List of Arbitrators, the AIAC's Panel of Arbitrators, the BAIAC’s Panel of Arbitrators, the SHAC’s Panel of Arbitrators, the SIAC’s Reserve Panel of Arbitrators, the THAC's Panel of Arbitrators and the Law Society of Hong Kong’s Panel of Arbitrators. Edward is featured in Legal 500 for international arbitration in Hong Kong and Mainland China.

Experience

General Commercial

Hong Kong, Cayman Islands and British Virgin Islands corporate entities and directors as Claimants in ICC arbitration and Emergency Arbitrator proceedings in Hong Kong and as Respondents in parallel High Court of Hong Kong proceedings. The dispute arises from a private equity co-investment agreement. Hong Kong law applies.
A U.S. technology company and its European subsidiary, Claimants in a HKIAC arbitration in Hong Kong against a Chinese technology company. The dispute arises from the breach of a software license and maintenance agreement. The law of California applies. Over USD 1 billion is at stake.
A Hong Kong biotechnology company, the subsidiary of a Hong Kong Stock Exchange listed biotechnology company, as Respondent in a HKIAC arbitration in Hong Kong brought by a Chinese biopharmaceutical company. The dispute arises from alleged breaches of a Strategic Collaboration and Clinical Trial Agreement. Hong Kong law applies.
Two British Virgin Islands and Cayman Islands entities as Respondents in LCIA arbitration proceedings in London governed by English law. The dispute concerned an exit from a private equity investment and involved parallel court proceedings in the British Virgin Islands and Cayman Islands.
A North American technology company, Respondent in an ICC arbitration in Hong Kong brought by an Asian electronics manufacturer. The dispute arises from a manufacturing agreement and related guarantee. Hong Kong law applies.
A high-profile recording artist and media entrepreneur and their Delaware incorporated company in parallel joint venture disputes with Cayman Islands’ corporate entities. The disputes arose from joint venture agreements concerning media and technology businesses in Mainland China and North America. The agreements were governed by Hong Kong law and provided for HKIAC arbitration in Hong Kong.

Energy / Oil & Gas

A South East Asian company as Claimant in a SIAC arbitration in Singapore against a European oil & gas company. The dispute arises from the breach of an LNG sale and purchase agreement. English law applies.
An Asian LNG buyer in relation to gas price review mechanism and risks in the Asia-Pacific LNG market.
An Asian energy company on its contractual and investment treaty rights in relation to a dispute with a South East Asian State-owned company. The dispute arises from a Production Sharing Contract. The contract provides for ad hoc arbitration in Singapore under the UNCITRAL Arbitration Rules.
A North American subsidiary of EDF, a major European energy company, in an ICC arbitration in New York initiated by North American energy company Exelon Generation Company LLC. The dispute relates to the valuation of nuclear power plants in the U.S. currently owned jointly by EDF and Exelon and arises from the implementation of a put-option agreement between the parties. New York law applies.
A Pakistani Independent Power Producer (IPP) in an ICC arbitration in Singapore against a Pakistani State-owned entity. The dispute arises from Power Purchase Agreements and is governed by English law.
EGAS in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS) and in two CRCICA arbitrations in Cairo and Madrid initiated by Union Fenosa Gas (UFG). The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought by SEGAS against EGAS. In another ground-breaking decision on the application of the ICSID Convention, the Madrid seated CRCICA Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought by UFG. Finally, in the Cairo seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought by UFG.
Two Egyptian State-owned entities in a USD 6 billion ICC arbitration in Geneva and a USD 4 billion CRCICA arbitration in Cairo arising out of a long-term gas supply contract relating to the export of Egyptian gas to Israel. English law applied to both arbitrations. More than three quarters of the Claimants’ claims were dismissed for lack of jurisdiction or on the merits.

Telecommunications

A Chinese State-owned telecommunication provider, Respondent in SIAC arbitration in Hong Kong. The dispute arose from a long-term services agreement. Singapore law applied.
An African telecom infrastructure company in a dispute with an African telecom provider. The dispute arose from an infrastructure license agreement. The contract was governed by New York law and provided for ICC arbitration in Paris.
Two European telecommunication companies, Claimants in a UNCITRAL arbitration in London against North American and European telecom companies. The dispute arises from the termination of a contract and related allegations of fraud. English law applies.

Investment Treaty Arbitrations

The People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
Huawei Technologies Co., Ltd., Claimant in an ICSID arbitration against the Kingdom of Sweden (ICSID Case No. ARB/22/2). The dispute relates to Sweden’s ban of Huawei’s equipment from 5G infrastructures in Sweden and the claims are brought under the China-Sweden bilateral investment treaty.
The Arab Republic of Egypt, Respondent in an arbitration under the UNCITRAL Rules, administered by the Permanent Court of Arbitration, in relation to a petrochemical plant. Over USD 2 billion was at stake.
The Arab Republic of Egypt, as Respondent in two investment arbitrations concerning alleged violations under the Egypt-Poland, Egypt-U.S. and the Egypt-Germany bilateral investment treaties relating to the performance of a long-term gas supply contract relating to the export of Egyptian gas to Israel. Around USD 2 billion were claimed in the investment disputes. More than two thirds of the Claimants’ claims were dismissed on jurisdictional grounds and on the merits. Following these decisions, the parties reached a global settlement, under which all claims against our clients were waived without our clients being required to make any payment.
Alverley Investments Limited and Germen Properties Ltd as Claimants in an ICSID arbitration against Romania (ICSID Case No. ARB/18/30). The dispute relates to a multi-billion euro real estate project in northern Bucharest. The claims are brought under the Cyprus-Romania bilateral investment treaty.
Recognition and enforcement proceedings before the English courts with respect to an ICSID Award.

Construction projects

A heavy equipment supplier and contractor in relation to a highly complex construction arbitration, related local litigation and a number of delay, disruption, defects and other disputes arising out of two fossil fuel construction megaprojects in Africa with claims and counterclaims of over USD 2 billion. The law of the country of the projects applies.
An Asian contractor and its subsidiary, Claimants in parallel HKIAC arbitration proceedings in Hong Kong against an owner company. The dispute arose from an EPC contract and related contracts for the construction of a power plant in the Philippines. Philippines law applied.
An Asian State-owned entity and its joint venture partners in a dispute with a Middle Eastern State-owned entity. The dispute arises from an EPC contract for the construction of a large petrochemical project.

Of Note

Professional affiliations

Fellow, Chartered Institute of Arbitrators
Fellow, Hong Kong Institute of Arbitrators
Member, List of Arbitrators, HKIAC
Member, Panel of Arbitrators, Law Society of Hong Kong
Member, Panel of Arbitrators, Asian International Arbitration Centre
Member, Panel of Arbitrators, Beihai Asia International Arbitration Centre
Member, Panel of Arbitrators, Shanghai Arbitration Commission
Member, Panel of Arbitrators, Thailand Arbitration Center
Member, Reserve Panel of Arbitrators, Singapore International Arbitration Centre
Member, HKIAC Users Council
Member, HKIAC Belt & Road
Member, ICC-HK
Member, CIETAC Hong Kong Task Force: Arbitration Rules Revision
Member, BVI Arbitration Group
Member, International Bar Association (IBA)
Member, IBA Arbitration, Asia Pacific and Oil & Gas Committees
Member, ITA Arbitration Report, Board of Reporters (Hong Kong)
Member, LCIA Asia Pacific Users Council
Member, Asian Academy of International Law
Member, Rising Arbitrators Initiative
Member, Law Society of Hong Kong
Member, Law Society of England & Wales

Speaking Engagements

“Effective Negotiation of Dispute Resolution Clauses”, China Arbitration Week, CIETAC, 2 September 2023
“Access to Justice, Right to a Fair Trial & Consent to Arbitration”, AIJA - International Association of Young Lawyers’ Conference, The Hague, 25 May 2023
“Hong Kong: an ideal seat of arbitration and dispute resolution hub for Asia?”, Hong Kong Trade Development Council and HKIAC, 13 April 2023
“Crypto Disputes: What to Expect in 2023”, FinTech Foundry, 12 April 2023
“Navigating Arbitration in Hong Kong and Thailand”, HK45 and THAC, 11 April 2023
“Jurisdictional Challenges in International Arbitration”, MAA Generations in Arbitration Conference, 19 March 2023
“Jurisdiction of Arbitral Tribunals”, Hong Kong Institute of Arbitrators’ International Arbitration Course, 3 March 2023
“Crypto Winter: The Asia Pacific’s Shifting Crypto Dispute Landscape”, Seoul ADR Festival, 8 November 2022
“The Rise of Offshore Arbitration”, Hong Kong Arbitration Week, 25 October 2022
“Crypto and ESG Dispute Trends,” NUS Practice Beyond Borders Webinar, 23 September 2022
“Hong Kong's Outcome Related Fee Structure Reform: a Win-Win for Arbitrating Parties and their Lawyers?,” Hong Kong Institute of Arbitrators (HKIArb), Webinar, 26 July 2022
“Navigating Valuation Challenges in the Crypto Dispute Landscape,”Legal Plus Global Conference, Singapore, 21 July 2022
“Transforming Dispute Resolution for Complex, High-Value Cases in APAC”, Opus 2 Roundtable Webinar, 24 February 2022
“Arbitrating Disputes with Chinese Parties: A Guide for Korean Companies,” Thomson Reuters Live Webinar, 7 December 2021
“CIETAC Emergency Arbitrator Proceedings,” CIETAC Hong Kong Arbitration Center, China Arbitration Week 2021, 10 September 2021
“Cross-border dispute resolution in Asia Pacific,” Thomson Reuters Live Webinar, 26 August 2021
“Interim Measures,” Hong Kong Institute of Arbitrators (HKIArb), International Commercial Arbitration and PRC Arbitration Training Programme, 20 June 2021
“Emergency Arbitrator Proceedings,” Hong Kong Institute of Arbitrators (HKIArb), Webinar, 28 April 2021
“Resolving Infrastructure Disputes along the Belt & Road,” Lancang-Mekong Cooperation Expo 2019, Kunming, 22 November 2019
“Mitigating Dispute Risk: Contractual and Investment Treaty Protections,” Association of Corporate Counsel, Hong Kong, 21 November 2019
“Enforcement of Arbitral Awards under the New York and ICSID Conventions,” organized by the China International Economic and Trade Arbitration Commission (CIETAC), Beijing, 8 November 2019

Publications

“Crypto Disputes: The Valuation Challenge”, IBA Dispute Resolution International, May 2023
Singapore Chapter of Delos Guide to Arbitration, Delos Dispute Resolution (Second Edition), March 2023 (with E. Jacomy, J. Younan, G. Lim)
“Crypto Winter Disputes: Navigating the Intersection of Crypto, Arbitration and Insolvency”,IBA Arbitration Bulletin, 21 October 2022.
“Crypto Arbitration: A Survival Guide”, Kluwer Arbitration Blog, 29 September 2022
“Emergency Arbitration in Mainland China: A New Dawn?,” Asian Dispute Review, July 2022 (with E. Jacomy)
“ESG Ruling Sends Out Warning To UK Parent Companies,” Law360, 15 August 2022 (with J. Swil, M. Massih and J. Matthews)
“Singapore’s New Conditional Fee Agreement Regime: An Uplifting Reform?,” Kluwer Arbitration Blog, 7 April 2022 (with K. Zheng)
“PRIME Finance Arbitration Rules 2022 Commentary: Interim Measures and Emergency Arbitration”, PRIME Finance Foundation, forthcoming (with J. Bertrand)
“Contractors beware: strict compliance with notice requirements following Maeda v Bauer,” IBA Asia Pacific Regional Forum, 27 May 2021 (with D. Hume and R. Raheja)
“Levelling the International Arbitration Playing Field: Outcome-Related Fee Structure Reform in Hong Kong and Singapore,” Asian Dispute Review, April 2021
“Evolution, Not Revolution: A Step Towards Ex Parte Emergency Arbitrator Relief in Hong Kong,” Asian Dispute Review, October 2020 (with J. Bertrand)
“Hong Kong’s Law Reform Commission Green-Lights Outcome Related Fee Structures for Arbitration,” Kluwer Arbitration Blog, 3 February 2021
“No-Win, No-Fee Arbitration: a Win-Win for Hong Kong and Singapore?,” Kluwer Arbitration Blog, 7 July 2020 (with K. Zheng)