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Jason Yu

BA in Jurisprudence, University of Oxford (First Class)
BCL, University of Oxford (Distinction)
CEDR Accredited Mediator

Profile

Profile

Jason graduated from the University of Oxford in 2009 with First Class Honours, ranking first in his class in Contract Law and ninth overall. In 2011, he obtained a Distinction in his BCL degree at Oxford and was awarded the Bar Scholarship. He joined Chambers in the following year.

Since joining Chambers, Jason has developed a broad practice with a particular focus on commercial, company, insolvency and intellectual property litigation. He is also regularly instructed to act as counsel in arbitrations and related court applications.

Jason is an experienced advocate in his own right, including in trials, appeals and arbitration hearings. He has been instructed by professionals and financial institutions to act as sole counsel in a range of disputes, from securing the discharge of an injunction against a global investment bank to obtaining a disclosure order for one of the largest Chinese insurance companies in a passing-off case.

He has also been led as a junior in notable high value disputes, such as the China Evergrande liquidation (on behalf of creditors), the Bank of East Asia litigation (on behalf of Elliott Advisors), the China Metal Recycling litigation (on behalf of Deloitte), the China Forestry litigation (on behalf of KPMG), the Nan Fung probate litigation (on behalf of a beneficiary), the Convoy Global litigation (on behalf of directors), the China Shanshui litigation (on behalf of a state-owned enterprise) and the Ablyazov litigation (on behalf of BTA Bank).

Jason is often involved in cases with a cross-border or conflict of laws element. Of particular note is the Court of Final Appeal case of Ryder v Timely, where Lord Collins NPJ delivered one of the leading judgments in the common law on foreign illegality.

He was recognised by Chambers & Partners Asia Pacific as “a complete star at his level” and “a leading, outstanding junior member of the Hong Kong Bar”, and was noted for his “talent and extensive experience”, “very powerful advocacy” and “really unrivalled knowledge of the law“. Who’s Who Legal has also highlighted “his superb litigation practice and strong expertise in company law, insolvency and IP”.

Notable Cases

Company and insolvency:

  • Re China Evergrande Group [2024] HKCFI 363 – acted for creditors in one of the largest liquidations in Hong Kong (led by Victor Dawes SC)
  • Re Pa Shun International [2023] HKCLC 865 – scheme of arrangement (as sole counsel)
  • Re Silver Base Group [2022] HKCLC 981 – issues on ancillary winding up (as sole counsel)
  • Re Everwin Enterprise [2022] HKCLC 735 – winding-up based on bond-linked notes and issues of illegality (led by José Maurellet SC)
  • Re Apastron Capital [2022] HKCLC 715 – on court’s power to appoint liquidators (as sole counsel)
  • Re First Ocean Financial [2022] 1 HKLRD 798, [2022] 2 HKC 474, [2022] HKCLC 129 – on jurisdiction to set aside winding-up orders (led by Rachel Lam SC)
  • Re Convoy Global [2021] 1 HKLRD 997, [2021] 4 HKC 1, [2021] HKCLC 107 – appeal on common law derivative actions; [2021] HKCLC 563, [2018] HKCLC 181 – discharge of interlocutory injunctions; [2021] HKCLC 449 – statutory derivative action; [2021] 4 HKC 167, [2020] 3 HKC 403, [2018] 6 HKC 394 – finality of chairman’s decision in general meeting (led by José Maurellet SC)
  • Re Bank of East Asia [2020] HKCFI 310, [2018] 4 HKLRD 396, [2018] 4 HKLRD 427, [2018] HKCLC 321, [2018] HKCLC 211 – acted for hedge fund Elliott Advisors in unfair prejudice dispute on share placements (led by Charles Sussex SC and José Maurellet SC)
  • Re Fortune King [2020] 3 HKC 429, [2020] HKCLC 475, [2020] HKCLC 205 – rejection of proof of debt; unjust enrichment and subrogation (as sole counsel)
  • Re Cornwall Agency [2020] HKCLC 1425 – on power to issue replacement share certificates (as sole counsel)
  • Re ACE International [2020] 2 HKLRD 508, [2020] HKCLC 427 – striking-out winding up relief (led by José Maurellet SC)
  • Re Khingan Resources [2020] HKCLC 1419 – on compliance with r.32 of the Winding-Up Rules (as sole counsel)
  • Re Hsin Kuang Restaurant [2020] HKCLC 975 – on statutory derivative actions and proof of actionable loss (led by José Maurellet SC)
  • Re Mongolian Mining [2018] 5 HKLRD 48, [2018] HKCLC 349 – scheme of arrangement (led by José Maurellet SC)
  • Re Ting Wai Monastery [2018] 1 HKLRD 346, [2018] 2 HKC 6, [2017] HKCLC 283 – provisional liquidation of charitable company (as sole counsel)
  • Re Winasia Industries [2018] HKCLC 11 – costs of application to rectify information on Companies Register (as sole counsel)
  • Re AGI Logistics [2016] 5 HKLRD 737, [2016] HKCLC 503, [2015] 4 HKLRD 300 – appeal on post-petition dispositions (led by José Maurellet SC)
  • Re Joint Silver [2016] HKCLC 595, [2016] HKCLC 595 – compulsory winding up ordered in voluntary winding up (led by José Maurellet SC)
  • Re Dayuan International [2015] HKCLC 293, [2013] HKCLC 371 – unfair prejudice; members’ inspection (led by Johnny Mok SC, William Wong SC, Victor Joffe SC)
  • Re Lam Ying Ho [2015] 2 HKC 162 – appeal on suspended bankruptcy discharge (as sole counsel)
  • Re David Ho [2015] 2 HKLRD 603 – examination orders; legal professional privilege (as sole counsel)
  • Re STX Pan Ocean [2014] 5 HKLRD 581 – conversion of voluntary winding up (with Richard Zimmern)
  • Re High Fashion [2014] HKCFI 2209 – injunction on shareholders’ agreement  (led by Russell Coleman SC, as he then was)
  • Re Sheng Da Investment [2013] 3 HKLRD 559 – shareholders’ agreement dispute (led by Jonathan Chang SC)
  • Acting for liquidators and trustees-in-bankruptcy in various trust, void disposition and unfair preference disputes

 

Commercial:

  • Perusahaan v Trevaskis (2023) 26 HKCFAR 297, [2022] 4 HKLRD 37, [2021] 2 Lloyd’s Rep 637, [2021] 2 HKLRD 4 – whether wreck removal claims limitable under the LLMC 1976 (led by Charles Sussex SC)
  • Haller v Vestey  [2023] 1 HKLRD 39 – appeal on scope of necessary or proper party gateway under RHC O.11 r.1(1)(c) (led by Charles Sussex SC)
  • China Metal Recycling v Deloitte [2022] HKCFI 2344 – represented auditor in defending audit negligence claim; obtaining order permitting use of technology-assisted review in e-discovery (as sole counsel)
  • China Forestry v KPMG [2021] HKCFI 1519, [2020] HKCFI 2614, [2020] HKCFI 2615 – represented auditor in disclosure and expert directions hearings (as sole counsel); instructed to appear in 50-day audit negligence trial (led by Justin Fenwick QC and Douglas Lam SC)
  • Pusan v Milano Bridge [2022] 1 HKLRD 1151 – forum non conveniens stay; meaning of forum shopping and substantial justice (led by Charles Sussex SC)
  • Bright Shipping v Changhong [2019] 1 Lloyd’s Rep 437, [2019] 5 HKLRD 30 – appeal on forum non conveniens (led by Charles Sussex SC)
  • Ryder v Timely (2015) 18 HKCFAR 544 – leading common law decision on foreign illegality; [2015] 2 HKC 582, [2013] 6 HKC 584, [2013] 5 HKLRD 343 – on sanctioned offers (with Richard Zimmern)
  • Excel Courage v Wong [2014] 3 HKLRD 642 – appeal on material non-disclosure; ex parte injunctions (led by Rachel Lam SC)
  • Pacific Electric Wire v Willi HCCL18/2009 – non-party cost orders (led by Clifford Smith SC)

 

Banking and finance:

  • China Construction Bank v Zhang Kangyang [2022] HKCFI 2135 – acted for bank in obtaining US$255 million summary judgment against president of FC Inter Milan and scion of one of China’s largest e-commerce retailers (led by Rachel Lam SC)
  • Wang v JP Morgan [2021] 4 HKLRD 770 – acted for bank (in written submissions) to strike-out sponsor liability claim (led by Bernard Man SC)
  • BFAM v Segantii [2021] HKCFI 2904 – acted for hedge fund in employment dispute (as sole counsel)
  • Banco de Chile v Boruida [2019] 1 HKLRD 1290, [2018] 5 HKLRD 154 – acted for bank in injunction applications (as sole counsel)
  • Cheung v Hang Seng Bank [2019] HKCFI 2874 – acted for bank in defending claim and obtaining third party injunctions (as sole counsel)
  • China Baoli v Orient HCA1399/2016 – defended lender in multi-party injunction on repo agreements (led by Charles Sussex SC)
  • JSC BTA Bank v Ablyazov [2014] 5 HKC 209 – acted for bank in obtaining MarevaChabra and receivership orders under s.21M of the High Court Ordinance in aid of UK claims for up to US$6 billion (led by José Maurellet SC)
  • Toyota Tsusho v Chimei Innolux [2017] HKCFI 194 – trial on letter of credit fraud (led by Jonathan Chang SC)

 

Probate:

  • Re Estate of Chen Din Hwa [2020] 1 HKLRD 194, [2020] 4 HKC 31 – appeal on scope of statutory power of advancement pending administration and after beneficiary is absolutely entitled (led by Shân Warnock-Smith KC and Jeremy Bartlett SC)
  • A v C [2020] HKCFI 2628 – acted for administrators in obtaining vesting order over foreign assets (led by José Maurellet SC)
  • Nativivat v Nativivat [2013] 3 HKLRD 340, [2014] 1 HKC 350 – appeal on foreign executors’ locus before grant (led by Chua Guan-Hock SC)

 

Arbitration:

  • Haller v Vestey [2023] 1 HKLRD 39 – jurisdiction to grant leave to appeal under s.20(9) of the Arbitration Ordinance (led by Charles Sussex SC)
  • Excel Jumbo v Cybernaut [2022] HKCFI 3555 – anti-arbitration injunction, statutory derivative action (as sole counsel)
  • Paloma v Capxon [2020] HKCFI 3050 – appointment of receivers in aid of enforcing award (led by Jonathan Chang SC); [2020] 2 HKLRD 1306, [2018] 2 HKLRD 1424 – leave to enforce award, post-award discovery (as sole counsel); [2020] 2 HKLRD F1, [2020] HKCLC 703 – recognition of foreign voluntary winding up, charging orders (led by Victor Joffe SC)
  • T v A [2018] 3 HKLRD 730 – jurisdiction challenge under Art. 16 Model Law; subrogation, conflicts of laws issues (led by Clifford Smith SC)
  • Chimbusco v Fully Best [2016] 1 HKLRD 582, [2016] 1 HKC 149 – indemnity costs; arbitration stay (as sole counsel)
  • Commercial arbitration, HKIAC – acted for state-owned investment fund in claim arising from de-SPAC transaction (as sole counsel)
  • Patent licensing arbitration, HKIAC – acted against leading Chinese manufacturer at trial (as sole counsel)
  • Commercial arbitration, HKIAC – acted for leading cryptocurrency firm in dispute with customer (as sole counsel)
  • Commercial arbitration, UNCITRAL rules – dispute with state-owned enterprise on oil field investment with claims over US$1 billion (led by William Wong SC); appeared in procedural hearing (as sole counsel)
  • Commercial arbitration, HKIAC – acted for North American pension fund in trial concerning distressed PRC private equity investment of US$200 million (led by Douglas Lam SC)
  • Commercial arbitration, ICC – acted for American footwear retailer in jurisdiction challenge against distributor (led by José Maurellet SC)

 

Intellectual property:

  • Biozeal v Nature’s Story [2022] 1 HKLRD 191 – leave to appeal granted on novel point as to non-justiciability of foreign trade marks (led by Winnie Tam SC)
  • Interactive Media v Just Media [2018] HKCFI 1114 – resisted passing-off injunction (as sole counsel)
  • Nagravision v Gotech [2018] HKCFI 1330 – injunctions to enforce US copyright infringement default judgment (led by José Maurellet SC)
  • Oriental v Sze Hing Loong [2015] HKCFI 197 – goodwill ownership dispute (led by Winnie Tam SC)

 

Regulatory, public law and others:

  • Chantal v Leung [2017] 4 HKC 538 – deduction of wages under Employment Ordinance (as sole counsel)
  • Uber Drivers Prosecution KCCC274-277&279/2016 – constiutionality of offence charged against Uber drivers (led by Adrian Huggins SC and Derek Chan SC)
  • Trustees of Union Church v Senior Missionary [2016] HKCFI 1922 – statutory interpretation of reverter clause in Union Church Incorporation Ordinance (led by José Maurellet SC)
  • Lee v HK Automobile Association [2015] 3 HKLRD 689 – resisted stay pending review of disqualification decision by sporting authority (led by José Maurellet SC on appeal)
  • Hong Lee v Law Society [2016] HKCA 126 – Law Society’s duty of care in intervening a firm (as sole counsel)
  • Audit Investigation Board v KM Choi HCMP1703/2013 – obtained first enforcement order for Financial Reporting Council (as sole counsel)
  • Re Robin Dicker QC [2013] 2 HKLRD 245, [2013] 5 HKC 512 – CFA factor in overseas admissions (led by the late Gerard McCoy SC)

Scholarships and Awards

  • Bar Scholarship (2011)
  • Charles Ching Memorial Scholarship (2011)
  • Wadham College Prize (2011)
  • Donner Foundation Scholarship, Full Scholarship for BCL (2010)
  • Sir Nicholas Pumfrey Prize, Best Mooter in Oxford IP Moot (2010)
  • Slaughter and May Prize, Top First in Contract Law at Oxford (2009)
  • Peter Carter Prize, Top First at Wadham College, Oxford (2009)
  • Dr Lee Shau Kee Scholarship, Full Scholarship for BA (Juris.) (2006)

Memberships

  • Member, Committee on International Law, Hong Kong Bar Association
  • Coach (IP Moot Team), Faculty of Law, University of Hong Kong (up to 2019)

Specific Areas of Expertise

Arbitration as counsel, Enforcement of Arbitral Award, Commercial Mediation, Mediation Advocacy, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Securities Law, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Insurance Law, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Copyright, Patents, Passing-Off, Trademarks, Aviation, Letters of Credit, Sale and Carriage of Goods, Shipping, Breach of Confidence, Employment, Restraint of Trade, Auditors’ Negligence, Disciplinary Proceedings, Solicitors’ Negligence, Surveyors’ Negligence, Blockchain, Cryptocurrency, Data Technology, Decentralised Autonomous Organisations (DAOs), Digital Assets, Trusts, Wills, Probate and Administration of Estates, Charities, Anton Piller Relief, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Charities, Conveyancing, Easements, Landlord & Tenants Disputes

Accolades

for Jason Yu

Jason Yu was ranked by Chambers and Partners Greater China Region 2024 as Band 2 Juniors in the field of Commercial Dispute Resolution.

Chambers Review shared that “Jason Yu maintains a very versatile practice across corporate and commercial litigation and arbitration, with noted expertise in the handling of insolvency, intellectual property and company law disputes.

Clients commented that “If I need to engage a senior junior barrister he’s my first choice; he’s excellent value for money and great with clients.“.

— Chambers & Partners Greater China Region (2024)

Jason Yu is recognised as a Leading Junior for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2024)

Jason Yu of Des Voeux Chambers is described as “one of the brightest junior barristers of his generation and is excellent in research and very user-friendly.” He maintains a very versatile practice across corporate and commercial litigation and arbitration, with noted expertise in the handling of insolvency, intellectual property and company law disputes.

— Chambers & Partners Greater China Region (2023)

‘Jason is very knowledgeable on company law matters. He is also responsive and always has sound, practical advice. A rising star of the commercial Bar.’ Jason Yu is recognised as a Tier 2 Leading Junior for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2023)

Jason Yu received the following recognition from Who’s Who Legal 2023 in the field of Construction.
– Recommended Leader – Mainland China, Hong Kong & Macao 2023 – Commercial Litigation
– Future Leader – Non-partners – Commercial Litigation 2023

WWL says, “Jason Yu is one of the most established juniors in Hong Kong, with market sources applauding his ‘sharp judgement, analytical brain’ and ‘ability to dissect the most complicated legal issues’.”

— Who's Who Legal (2023)

Jason is identified as one of the “most impressive juniors” at the Hong Kong Bar, and is noted for being  “a complete star at his level.” while another maintains: “I have worked with him and would say he is of silk-level quality, with exceptional analytical skills and really unrivalled knowledge of the law.” He maintains a very versatile practice across corporate and commercial litigation and arbitration, with noted expertise in the handling of insolvency, intellectual property and company law disputes.

— Chambers & Partners Greater China Region (2022)

“Jason is very knowledgeable on company law matters. He is also responsive and always has sound, practical advice. A rising star of the commercial Bar.”  Jason Yu is recognised as a Leading Junior for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2022)

“Jason Yu is a distinguished practitioner with a wealth of experience in commercial, insolvency and intellectual property litigation.” (Global Leader for Commercial Litigation – Future Leaders – Non-Partners)

— Who's Who Legal (2022)

Jason Yu is a “very knowledgeable junior barrister who punches well above his weight” and has “excellent research skills and equally strong written submissions.” He maintains a very versatile practice across corporate and commercial litigation and arbitration, with expertise in handling insolvency, intellectual property and company law disputes. He is considered a “very clever and detail-oriented” advocate and “one of the standout juniors at DVC,” “Jason Yu is a go-to junior for many big firms now; his practice has sky-rocketed and he’s been continuously on the rise.”

— Chambers & Partners Asia Pacific (2021)

“An up and coming junior with very strong advocacy.” Jason Yu is commended as a Leading Junior for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2021)

“Jason Yu is highly thought of in the Asian market for his strong experience in cross-border corporate disputes.”  (Global Leader for Commercial Litigation – Future Leaders – Non-Partners)

— Who's Who Legal 2021

Jason Yu of Des Voeux Chambers is variously described by sources as “a diligent and thorough junior, fully capable of doing his own advocacy” and “a leading, outstanding junior member of the Hong Kong Bar.” Notably active in the company law, insolvency, intellectual property, regulatory and commercial arbitration spheres.

— Chambers & Partners Asia Pacific (2020)

Jason Yu of Des Voeux Chambers is singled out by a peer who “cannot sing his praises enough” as “an outstanding individual in his generation of juniors,” an opinion echoed by a solicitor side comment that he is a “smart and highly responsive” individual with uncommon “talent and extensive experience” for his level of seniority. Sources also emphasise his “excellent research skills and written submissions.” Company and insolvency, regulatory and intellectual property issues are significant elements of his practice and he is also active, as counsel, in a number of commercial arbitrations.

— Chambers & Partners Asia Pacific (2019)

Jason Yu of Des Voeux Chambers is “in a lot of big cases” and is, in an opinion shared by a number of referees, “seen as one of the rising stars of his seniority.” Particularly active in company matters, he also offers extensive experience of intellectual property and conflict of laws issues. Highly popular with many leading silks, who “trust his research and judgment,” he is also acknowledged for “very powerful advocacy” in his own right.

— Chambers & Partners Asia Pacific (2018)

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