Winnie Tam SC, JP

  • Senior Counsel, Hong Kong Bar
  • Barrister-at-Law, England & Wales
  • Deputy Head of Chambers, Des Voeux Chambers

Year of call

  • 1984 (Hong Kong)
  • 1988 (English Bar - Middle Temple)
  • 2006 (Hong Kong Inner Bar)

Practice areas

Media and Entertainment
Company Law 
International Arbitration & Mediation

Profile

Winnie was appointed Senior Counsel by the Chief Justice of HKSAR in 2006. She was elected to serve as the Chairman of the Hong Kong Bar Association between January 2015 to January 2017 and in that capacity spearheaded a number of significant reforms.

In 2015, she was appointed as a Recorder of the Court of First Instance, High Court of the Hong Kong SAR. In her capacity as a Deputy High Court Judge and then Recorder, she has adjudicated on a wide range of civil and commercial matters. She is fully bilingual in Chinese and English, and has an excellent command of Putonghua and written Chinese. Winnie has broad experience in commercial especially intellectual property litigation. Published reviews of her work by other members of the legal industry are extracted below.

In 2016, she was honoured as an Overseas Bencher of the Middle Temple Society. In 2018, she was appointed as a member of the Law Reform Commission.

Apart from running a solid IP and commercial practice as a barrister-advocate,  Winnie is rapidly building a reputation as a sought-after arbitrator who is fully bilingual. She is a panel arbitrator of the HKIAC’s Intellectual Property Specialist Panel, a CIETAC panel arbitrator, a member of the Expert Committee of the Hi-tech and IP Arbitration Committee of the South China International Arbitration Commission (SCIA), a panel arbitrator of SCIA, and a member of the Chartered Institute of Arbitrators, and a fellow of the Hong Kong Institute of Arbitrators. She is a WIPO panel mediator, JAMS panel mediator and a CEDR-accredited mediator. In her capacity as a leading intellectual property barrister she has been invited to join a working group of the Department of Justice on the arbitrability of intellectual property rights, and has contributed to the drafting of a bill presented to LegCo in December 2016. From 2018, Winnie has been appointed to the Nomination Committee for the Council of the HKIAC for a terms of 2 years.

Winnie has been appointed presiding arbitrator and co-arbitrator in cases involving international commercial and joint-venture disputes, international intellectual property and licensing disputes, international gaming rights licensing disputes and foreign investment disputes in the PRC. She has been appointed as arbitrator in international arbitrations to be conducted both in English and in Chinese. She has acted as leading counsel and co-counsel in international arbitrations and court actions in aid of international arbitration.

  • ​Appointed presiding arbitrator in a CIETAC arbitration to be conducted in Putonghua with its seat in Hong Kong on a substantial commercial dispute.
  • Appointed by party as co-arbitrator in a complex dispute involving multi-jurisdictional arbitrations and litigations between the parties in a claim exceeding US$200M under HKIAC 2013 Rules with the seat of arbitration in Hong Kong.
  • Appointed presiding arbitrator in an arbitration under HKIAC Rules 2013. The dispute arose from a joint venture between a Hong Kong company and a major machinery manufacturing company from Northern Europe to the value exceeding USD 200M in which technology transfer was the crux of the parties' dispute. Issues involve complex international issues as well as issues on China law and Hong Kong law.
  •  Appointed as presiding arbitrator under the ICC Rules working with leading international arbitrators in the region. The claim is one on licensing and development of software to involving a claim of at least USD 100M.
  • Appointed as co-arbitrator by the Shenzhen International Arbitration Centre (formerly SCIA) in a cross-border sale of goods dispute worth roughly RMB 30M. Complex issues of company insolvency law are involved. The arbitration is conducted under SCIA Rules.
  • Appointed as co-arbitrator to work with international arbitrators in the region in a major dispute between a mainland Chinese company and Japanese companies arising out of an OEM manufacturing agreement. The core allegation is breach of confidence in technology relating to the making of machinery. The arbitration is under UNCITRAL rules. A large amount of technical information is involved.
  • Appointed as lead Counsel to attend court to obtain ancillary relief in aid of arbitration in a case involving a dispute between the franchisor and licensee to a popular show.
  • Appointed as lead Counsel to represent a manufacturer of hi-tech apparatus in multiple number of disputes with its competitor in China. Acted as co-lead counsel with US patent counsel in two arbitrations under UNCITRAL rules for clients in the same group of companies. The core allegations related to infringement of multiple patents and use of confidential information by former technical employees. Emergency arbitration procedure was involved in one set of the proceedings.

 

Law Appointments

  • Deputy High Court Judge (2011 - 2014)
  • Recorder of the Court of First Instance, High Court of Hong Kong SAR (2015 - )
  • Chairman, Standing Committee on Intellectual Property, Hong Kong Bar Association (HKBA)
  • Chairman, Standing Committee on China Practice Development, HKBA
  • Member, Committee on Intellectual Property, Committee on Arbitration, HKBA
  • Member, Law Reform Commission
  • Member, IBA Bar Issues Commission
  • Advisor, IBA Forum for Barristers and Advocates
  • Member, Committee on Emerging IP Rights, Asian Patent Attorneys Association
  • Member of the Board of Advisors, Shenzhen Lanhai Research Institute on Legal Services in the Greater Bay Area

 

ADR Appointments

  • Shenzhen International Arbitration Centre, Panel Arbitrator
  • HKIAC IP Panel Arbitrator 
  • World Intellectual Property Organization, Panel Mediator 
  • JAMS, Panel Mediator
  • Nomination Committee for the Council of the HKIAC 
  • Hong Kong Mediation Council Panel Mediator under the Mainland and Hong Kong CEPA Investment Agreement
  • CIETAC Panel Arbitrator under the Mainland and Hong Kong CEPA Investment Agreement

 

  • Chairman, Communications Authority
  • Member, Chief Executive's Council of Advisers on Innovation and Strategic Development
  • Member, Board of Trustees of the Hong Kong Jockey Club Music and Dance Fund
  • Member, Board of Directors of the West Kowloon Cultural District Authority, HKSAR
  • Member, Hong Kong Tourism Board
  • Board of Governors, Hong Kong Philharmonic Society Ltd
  • Member, Qianhai Special Free Trade Zone Consultative Committee (PRC)
  • Member, Judicial Officers Recommendation Commission, HKSAR (2016 - 2018)
  • ABG Juicy Couture LLC v. Bella International Ltd – HCA 1764 of 2008
  • Acron International Technology Ltd v Chan Yiu Wai and Law Siu Chun - FAMV 13/2018
  • Alviero Martini SPA v. Bubble Retail Management Ltd – HCA 1937/2008
  • Apple Daily Ltd v. Oriental Press Group Ltd – HCA 1396/2009
  • Bruce James Stinson v. Gu Ming Gao – HCA 2352/2012
  • California Red Ltd v. Gold Typhoon Entertainment Ltd – HCA 2684/2008
  • China Construction Realty Ltd v. Lucky Dragon Ltd  – HCA 1237/2012
  • Chor Ki Kwong David v. Lorea Solabarrieta Cheung  – HCA 1870/2012
  • Christie Manson & Woods Ltd  v. Chritrs (Group) Ltd – HCA 1418/2011
  • German Pool (Hong Kong) Ltd v. Dong Woo Industrial Co Ltd – HCA 166/2008
  • Gmedia Technology (Beijing) Co Ltd v. Tencent Holdings Ltd - HCA 495/2017
  • Guccio Gucci SpA v. Cosimo Ludolf Gucci – HCA 1582/2008
  • Horner Resources (International) Co Ltd v. Savvy Resources Ltd – HCA 335/2010
  • Hugo Boss Trade Mark Management GmbH & Co KG v Britain Boss International Co Ltd - CACV 114/2015
  • L'Oreal (UK) Ltd, Yves Saint Lauren (YSL) v YLS Brands HK Ltd - HCA 2814/2017
  • Louis Vuitton Malletier SA v. Marco Leather Goods Ltd – HCA 1511/2009
  • M.G.X. Asia Ltd v. China Way Global Co Ltd – HCA 2001/2013
  • Menfond Electronic Art & Computer Design Co Ltd v. Wong Wang Tat Victor – HCA 293/2011
  • Midland Business Management Ltd v. Lo Man Kui  – HCA 1599/2010
  • Nerium Biotechnology Inc v. Nerium International, LLC – HCA 1188/2016
  • OPG Human Resources Ltd v. Apple Daily Ltd – HCA 481/2009
  • Oriental Food Industries Sdn Bhd v. Sze Hing Loong Development Ltd – HCA 2094/2011
  • Pan Chung Pat Wo Tong (HK) Ltd v. Law Yan Wai t/a Singapore Medicine Co –CACV 239/2013
  • In the matter of an application by Ping An Securities Ltd – HCMP 2788/2004
  • Ringier Print (HK) Ltd v. South China Media Ltd – HCA 2312/2009
  • Sky King Machinery Engineering Ltd v. Chun Wo Construction & Engineering Co Ltd – HCA 1918/2013
  • SNE Engineering Co Ltd v. Hsin Chong Construction Co Ltd – HCA 1466/2012 (26.3.2014)
  • Star TV Filmed Entertainment (HK) Ltd v. Golden Princess Amusement Co Ltd – CACV 61/2007
  • Stichting BDO v. Banco De Oro Unibank Inc – HCA 1162/2009
  • Talpa Global BV v. Star China Media Ltd and Meng Xiang Quang Yin Cultural and Broadcast (Shanghai) Co Ltd – HCMP 121/2016
  • Tsit Wing (Hong Kong) Co Ltd v. TWG Tea Company Pte Ltd – HCA 2210/2011, CACV 191/2013, FACV 15/2015, FAMV 6/2015
  • UMG Recording Inc v. Profit Chart Development Ltd  – HCA 472/2010
  • Vita Green Health Products Co Ltd v. Vitasoy International Holdings Ltd – HCMP 593/2014
  • Wind River Systems Inc v. Digital China Holdings - HCA 1550/2012
  • Xcelom Ltd v. BGI-Hong Kong Co Ltd – HCA 3089/2015

 

Selected Appointments in Cases

  • Acted as leading counsel in interlocutory hearing of a Court application in aid of arbitration in relation to a major media and entertainment dispute requiring urgent injunction
  • Acted as co-leading counsel in an arbitration under UNCITRAL Rules in a technology/patent dispute between two leading manufactures in Taiwan and Mainland
  • Acted as leading counsel in a hearing of an application for emergency arbitration under UNCITRAL Rules
  • Acted as Presiding Arbitrator in a USD$200 million claim on international joint venture agreement for manufacturing in China
  • Acting as co-arbitrator in a major arbitration between a Japanese company and a Chinese manufacturer including multiple mechanical engineering patents and trade secrets under UNCITRAL Rules
  • Acting as co-arbitrator in an arbitration under the SCIA rules involving a dispute between two companies one of which is in liquidation

 Business of IP Asia Forum - 7.12.2018    

Speaker - Interplay Between Different Modes of International Dispute  Resolution and the Enforceability of IP Arbitral Awards in the Mainland

 Business of IP Asia Forum - 6.12.2018

Panel Chair - Dialogue with IP Policymakers: The Roadmap for Global IP Ecosystem

 ICAC Chief Investigators’ Command Course - 26.11.201

“The Importance of the Rule of Law”

 第十届陆家嘴法治论坛 - 14.11.2018

国际仲裁调解程序交替使用 - 若干问题与前瞻

 东莞市律师协会 - 10.11.2018

各类知识产权香港司法案例分析

 IPBA Bangkok 2018 - 6.11.2018

How can arbitrators from emerging arbitration jurisdictions in Asia gain a voice in international arbitration

 31st LawAsia Conference 2018 - 3.11.2018

Moral and Ethical Issues in Third Party Funding of Arbitration

 Hong Kong Academy of Politics and Public Policy - 20.10.2018

An introduction to the Legal System of the Hong Kong SAR

 IBA 2018 Rome - 9.10.2018

Chair a Session “Comparisons between courts and arbitral tribunals, the view of advocates, do retired judges or seasoned advocates make good arbitrators and does arbitration need litigation on top”

Speaker with the Judge's Forum

 CIETAC Global Arbitrators Forum at Beijing - 17-18.9.2018

Conflicts of Interest and Ethics in Arbitration

 CIETAC Hong Kong's Day of Arbitration Field Practice – China Arbitration Week at Beijing - 16.9.2018

Conflict of Interest in International Arbitration – Bar Perspective

 Association of Corporate Counsel - 13.9.2018

War Stories in the IP Court

 HKIAC-WIA Talk at Beijing - 8.6.2018

“中国女性与仲裁: 如何做得更好?”

 Department of Justice – Mediation Week 2018 - 15.5.2018

“Mediation in the Entertainment Industry”

 DVC Oxford – HKU Visiting Fellowship Series - Mayerbrown JSM – 24.3.2018 

“Evolving IP Issues in Brand Protection in the Digital Marketing ERA

 Department of Justice and Deacons – 22.3.2018

“Arbitration – An Effective Tool for SMEs to Resolve IP Disputes

 北京「國家所需 香港所長-共拓一帶一路策略機遇」論壇 – 3.2.2018 

“一带一路战略中的香港在协助国家在创新科技发展中走出去, 与促进沿线国家文化艺术和旅游产业方面的融合发展的角色”

 Hong Kong Institute of Arbitrators Seminar on Evaluative Mediation – 30.1.2018 

“Issues relating to Evaluation Mediation in Hong Kong”

 深圳大学 - 港澳论坛第18讲 – 22.12.2017 

“跨境知識產權争议解决”

 DVC and HKU Symposium on IP Dispute Resolution – 22.11.2017

“Charting the New Waters of 21st Century IP Dispute Resolution”

 Building an arbitral institution for international dispute resolution

under “One Belt One Road” Lujiazui Legal Form Shanghai – 18.11.2017

 ICAC Chief Investigators’ Command Course – 9.11.2017

“The Importance of Rule of Law”

 ADR in Asia Conference organized by HKIAC – 17.10.2017

Plenary session speaker on “Arbitration in a Changing World”

 Hong Kong Arbitration Week – Seminar hosted by CIETAC – 16.10.2017 

“That Eureka Moment - breakthrough moments on conducting arbitration”

 IBA Annual Conference Sydney 2017 – 10.10.2017 

“The Role of Advocacy in Mediation and Arbitration”

 ICC – HKBA Joint Seminar on ICC Arbitrations – 4.9.2017

 “中國對外投資趨勢及香港的角色”高峰論壇 (法律服務和爭議解決 - 香港的角色和優勢)分論壇 – 14.6.2017

“如何在國際商貿爭議中解決知識產權問題”

 “Mediate First Pledge” 2017 Seminar on Mediation – 13.6.2017

“Practical Tips in Mediating IP and Innovative Technology Disputes”

 DVC Breakfast Seminar – Crossroads in Intellectual Property Law – 8.4.2017

“Arbitration, Brexit and Recent HK Cases”

 20th Commonwealth Law Conference – Melbourne – 20-24.3.2017

Speaker in “Advocacy Masterclass – Appellate Advocacy”

 Chinese University: EMBA Forum – 20.2.2017

"Leaders at Crossroads: Does Rule of Law Matter?”