MembersCherry Xu

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Cherry Xu

LLB (HKU) (First Class Honours)
PCLL (HKU) (Distinction)
BCL (Oxon)

“Cherry‘s judgement and output is far superior to her year of call and she is incredibly bright, really thinks around the case, and fights hard to achieve the best outcome for the client. She is a very good team player with great tactical awareness, and as one of the few barristers with native Mandarin abilities, she is in pole position to deliver effective results in cases involving Mainland elements.”

- Legal 500 Asia Pacific HK Bar (2024)

Profile

Profile

Cherry obtained her LLB degree from the University of Hong Kong with First Class Honours, ranking top of her year.  She was elected the Rhodes Scholar for Hong Kong in 2013 and proceeded to read BCL at Oxford University.  She graduated from the BCL degree with a distinction in competition law. In addition to the distinguished Rhodes Scholarship, she has been awarded various scholarships including the Charles Ching Memorial Scholarship in 2016.

Prior to joining Chambers as a tenant in 2016, Cherry completed pupillage with William Wong SC, Johnny Ma SC, Rachel Lam SC and Derek CL Chan SC.

Cherry is developing a broad practice in civil and commercial law with a particular focus on commercial, company, insolvency, securities, competition and regulatory matters.  She is also regularly instructed to act as counsel in arbitrations and related court applications.  She has dealt with various arbitration cases in the HKIAC, SIAC and LCIA.  She is also experienced in dealing with regulatory matters involving securities and competition matters and is regularly instructed to appear as counsel and/or provide legal opinion in related matters.

Cherry is also well sought after for her advice on compliance matters due to her experience in civil, commercial, securities and competition matters.  Her clients include various listed companies, especially those in the pharmaceutical industry.  Her professional experience and her deep understanding of the Chinese culture make her a popular choice amongst clients.

Cherry is a native Mandarin speaker and is fluent in English and Cantonese. With her unique background, she is quick to understand the needs of Chinese clients and has been regularly instructed to represent Chinese clients in cross-border litigation and international arbitration, including acting as sole counsel in trials.

Besides acting as an advocate, Cherry has served as a guest lecturer in the International Commercial Arbitration/International Commercial Dispute Resolution course for LLM students at Peking University since 2016. She has sat as a Deputy Adjudicator at the Small Claims Tribunal and served as a Judicial Associate to the judges of the Court of Appeal of Hong Kong.  She is also a member of the Committee on Competition Law and the Standing Committee on Mainland Affairs of the Hong Kong Bar Association.

She was recognised by Legal 500 as a Rising Star in commercial dispute resolution in 2021, 2022, 2023 and 2024:

Cherry‘s judgement and output is far superior to her year of call and she is incredibly bright, really thinks around the case, and fights hard to achieve the best outcome for the client. She is a very good team player with great tactical awareness, and as one of the few barristers with native Mandarin abilities, she is in pole position to deliver effective results in cases involving Mainland elements.

“Cherry is analytical , thorough and adopts a practical approach. She is very industrious, and her advocacy is persuasive.”

Scholarships and Awards

  • Rhodes Scholar for Hong Kong 2013
  • Charles Ching Memorial Scholarship 2016
  • Maxwell Law Prize 2013
  • Law Society of Hong Kong Prize in Professional Practice and Management 2013
  • Hou De Charitable Foundation Scholarship for the Postgraduate Certificate in Laws Programme (2012-2013)
  • The Bank of East Asia Scholarship (2011-2012)
  • W. Lo Memorial Scholarships (2011-2012)
  • The Hong Kong Institute of Chartered Secretaries Scholarships (2011-2012)
  • Rowdget W Young Medal in Law (2011-2012)
  • Professor Dafydd Evans Memorial Scholarship Class 1972 (2011-2012)
  • The Des Voeux Chambers Junior Scholarship (2010-2011)
  • Bank of East Asia Golden Jubilee Scholarship (2010-2011)
  • Chan Kai Ming Prize (2009-2010)
  • Linklaters Prize for Overall Excellence in Law: Year II (2009-2010)
  • Madam Lau Kit Fong (Sau Chee) Memorial Scholarship (2009-2010)
  • The Sola Gratia Foundation Scholarships (2009-2010)
  • Dean’s Honours List (2008-2009, 2009-2010, 2011-2012)

Memberships & Appointments

  • Deputy Adjudicator, Small Claims Tribunal (April 2023)
  • Judicial Assistant to the Court of Appeal of Hong Kong (March-April 2020, January-February 2021, and continuing)
  • Member, Committee on Competition Law of the Hong Kong Bar Association (2020-now)
  • Member, Standing Committee on Mainland Affairs of the Hong Kong Bar Association (2016-2017, 2022-now)
  • Tutor, Contract Law, University of Hong Kong (2016-2017)
  • Guest Lecturer, International Commercial Arbitration / International Commercial Dispute Resolution course, Peking University (2016, 2017, 2021, 2022, 2023)
  • Guest Lecturer, Common Law Course, East China University of Political Science and Law (2023)

Selected Cases

Arbitration Related

  • Represented clients in a few HKIAC, SIAC and LCIA arbitrations involving, inter alia, contract and construction matters, commercial disputes, investments in US listed companies, shipping disputes, etc.., including both Chinese and English arbitrations.
  • Handled issues at all stages of arbitration from the commencement of arbitration to enforcement of arbitration awards, including, inter alia, seeking emergency relief from emergency arbitrator, jurisdiction challenge, trial and post-trial taxation proceedings.
  • Provided advice on a few HKIAC arbitrations involving company, contract, and commercial matters, as well as on matters relating to HK actions for setting aside foreign arbitral awards.
  • Represented clients in a few HK actions to resist the enforcement of foreign arbitral awards.
  • Represented clients in a few HK actions to resist the application for injunctions in aid of foreign arbitrations.
  • Acted as Tribunal Secretary in a number of arbitrations involving inter aliacross-border investment disputes, including both Chinese and English arbitrations.
  • Acted as the foreign law expert on international arbitration (together with Dr William Wong SC) to provide legal opinion on issues including bias and procedural fairness to resist the enforcement of an AAA award in mainland China.

 

Contract / Commercial / Arbitration

  • Re China Medical– major litigation project seeking to recover in respect of the theft of US$500m by directors of a company.  The project involves six major pieces of litigation against numerous defendants, with the money being spread through 50 bank accounts across five jurisdictions.
  • S v G[2020] HKCFI 2201, represented in the respondent in an application to stay proceedings to enforce a CIETAC arbitration award in Hong Kong.
  • Better Marine International Limited v Zhong Shan Company Limited(unrep., HCA 958/2014, 30.11.2016), representing the plaintiff in a dispute over the commission under a ship building brokerage contract.
  • Better Marine International Limited v Zhong Shan Company Limited[2020] HKCA 145, representing the plaintiff in an appeal against the first instance judgment in favour of the client; successfully resisted the appeal which was dismissed with costs order in favour of client.
  • Sap Products Ltd v Xena Security Ltd & Another(unrep., DCCJ 2014/2015, 30.12.2016), representing the second defendant in an application to strike out the statement of claim.
  • Sugisaki Kiso Co., Ltd v Hsin Chong Construction Company Limited & Another(unreported, HCCT 13/2017, 18.6.2017), representing a foreign plaintiff; successfully resisted the defendants’ application for security for costs.

 

Company and Insolvency

  • Golong Co., Ltd v Sesderma, S.L.[2021] HKCFI 568, representing the plaintiff in an application for injunction restraining the defendant from presenting any winding up petition against the plaintiff; successfully obtained the final injunction against the defendant.
  • Sky Joy Investment Ltd v Zheng Dunmu & Another(HCA 385/2016, 16.08.2017), representing the plaintiff in a dispute over the equitable interest in the shares in a listed company, which concerned the creation of equitable mortgage and priority between competing equitable interests.
  • Sky Joy Investment Ltd v Zheng Dunmu & Another[2018] HKCA 259 (unreported, CACV 205/2017, 04.05.2018), representing the plaintiff in a dispute over equitable interests in the shares of a listed company; successfully resisted the appellant’s application to file new evidence at the appeal stage.
  • Chen Lingxia v 中国金谷国际信托有限责任公司 & Others[2019] HKCFI 379; (unreported, HCA 2012/2018, 15.2.2019), interlocutory applications concerning disputes over the title to the shares of a Hong Kong company, involving charge / mortgage over the shares executed in the PRC and purported auctions of the underlying debt and/or the charge / mortgage on Taobao in the PRC.
  • Canton Plus Enterprise Ltd & Another v Tong Zhenjun & Others[2018] HKCFI 1402; (HCA227/2017, 15.12.2017), representing the plaintiffs in an interlocutory application for order to preserve and inspect documents, in a dispute over corporate affairs and management.
  • China Shanshui Cement Group Ltd & Others v Mi Jingtian & Others[2018] HKCFI 1553 (unreported, HCA 762/2017, 19.07.2018), dispute concerning disputes between shareholders of companies listed on the Hong Kong Stock Exchange, and their subsidiaries, as well as the validity of the appointment of the directors of such companies; representing the defendants in this action and successfully applied to discharge interlocutory injunction against the defendants.

 

Regulatory/SFC-Related

  • Lee Kwok Wa & Others v The Securities and Futures Commission v Young Bik Fung & Others(2018) 21 HKCFAR 537, the first and landmark case in Hong Kong concerning the application of s.300 of the Securities and Futures Ordinance (Cap.571) (“SFO”) to securities transactions conducted on an overseas securities exchange. Cherry appeared on behalf of the appellants in the Court of Appeal (CACV 33/2016, led by Paul Shieh S.C. and Derek Chan S.C.) and in the Court of Final Appeal (led by Gerard McCoy Q.C., S.C. and Derek Chan S.C.).
  • Provided legal advice and/or representation in relation to regulatory matters including, inter alia, SFC investigation andsections 213, 214 and 300 proceedings under the SFO

 

Competition

  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2018] HKCFI 2095; (unreported, HCA 1929/2017, 07.09.2018), the first case in Hong Kong where a competition defence was raised in civil proceedings; representing the plaintiff; concerning the transfer of proceedings to the Competition Tribunal and the other case management matters.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2019] HKCFI 515; (unreported, HCA 1929/2017, 22.02.2019), concerning whether the civil proceedings should be stayed pending the resolution of the issues related to the competition defence in Competition Tribunal proceedings.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2019] HKCT 1; [2019] 2 HKLRD 205, concerning the making of a confidentiality protocol in competition proceedings concerning a competition defence raised in civil proceedings.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2020] HKCT 2, concerning various interlocutory matters in competition proceedings, including expert directions, further and better particulars, amendment of pleadings and discovery.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2021] HKCA 294, concerning the defendant’s appeal to the Court of Appeal against the Competition Tribunal’s decision in [2020] HKCT 2 (see above); successfully defended the appeal.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd[2021] HKCT 2, concerning the abovementioned competition law disputes; represented the plaintiff in the trial of the matter; the plaintiff’s claim against the defendant was successful.

 

Land / Planning / Judicial Review

  • 丘龍生 v 勞工及福利局局長羅致光 [2020] HKCFI 1499, acted for the Putative Interested Party in the rolled up hearing of the applicant’s application for leave for judicial review; successfully defended the application and no leave was granted.
  • Million-Add Development Ltd v Nok Wah Logistic (Hong Kong) Co Ltd(unrep., HCA 2873/2015, 09.09.2016), representing the plaintiff in an O.14 application for summary judgment for, inter alia, possession of property, damages, and an account of profit.
  • Leung Chuk Chi & Another v The Incorporated Owners of Sheung Shing Court[2019] HKLdT 34 (unreported, LDBM 48/2017, 15.5.2019), representing the respondent in resisting an application for documents in the possession of the IO.

 

Advisory

  • Provided legal advice and/or drafting work in relation to, inter alia, the following areas (in relation to listing, litigation or arbitration):
    • Securities
    • Competition
    • Company and insolvency
    • Contract
    • Property
    • Intellectual Property
    • Trust
    • Probate
    • Property
    • Tort

Publications

  • “Copyright Protection in the Digital Age: A Tripartite Balance”, Hong Kong Law Journal, Vol. 42, Part 3 of 2012 (Autumn 2012)

Specific Areas of Expertise

Regulatory, Land, Administrative Review, Commercial Judicial Review, Constitutional Review, Statutory Tribunals, Adjudication, Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Expert Determination, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Securities Law, SFC Enforcement Actions, 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, Enforcement, Follow-on Action, Investigation, Leniency, Mergers (Telecommunications), Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Copyright, Patents, Passing Off, Trademarks, Letters of Credit, Sale and Carriage of Goods, Shipping, Town Planning Appeals, Land Resumption, Auditors’ Negligence, Disciplinary Proceedings, Medical Negligence, Solicitors’ Negligence, Surveyors’ Negligence, Blockchain, Cryptocurrency, Data Technology, Decentralised Autonomous Organisations (DAOs), Digital Assets, Anton Piller Relief, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Charities, Conveyancing, Easements, Landlord & Tenants Disputes

Accolades

Cherry Xu is recognised as Rising Stars for Commercial Disputes.

‘Cherry‘s judgement and output is far superior to her year of call and she is incredibly bright, really thinks around the case, and fights hard to achieve the best outcome for the client. She is a very good team player with great tactical awareness, and as one of the few barristers with native Mandarin abilities, she is in pole position to deliver effective results in cases involving Mainland elements.’

- Legal 500 Asia Pacific HK Bar (2024)

Cherry Xu is singled out as a Rising Star for Commercial Disputes:

‘Cherry is analytical, thorough and adopts a practical approach. She is very industrious, and her advocacy is persuasive.’

- Legal 500 Asia Pacific HK Bar (2023)

Cherry Xu is singled out as a Rising Star for Commercial Disputes:

 ‘Cherry is analytical , thorough and adopts a practical approach. She is very industrious, and her advocacy is persuasive.’

- Legal 500 Asia Pacific HK Bar (2022)

Cherry Xu is singled out as a Rising Star for Commercial Disputes.

- Legal 500 Asia Pacific HK Bar (2021)