Barristers & Arbitrators
Employment
Prince’s Chambers (2015 – present)
Cleary Gottlieb Steen & Hamilton LLP (2010 – 2014)
Academic
LLM, University of Cambridge (St Edmund’s College)
LLB, University of Durham (Grey College)
Abingdon School
Practice profile
Kevin Lee’s practice covers all aspects of commercial litigation and international arbitration. He has particular experience of advising on, and acting in, disputes involving banking and financial services, company law, competition law, public law, shipping and international trade, insurance and reinsurance, securities regulatory, and conflicts of law. In 2023, he was listed as a leading commercial disputes barrister (Legal 500).
Examples of notable current and recent instructions include:
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2018 Asian Games – representing a Korean national broadcasting company in an international commercial arbitration regarding construction disputes which arose in the aftermath of the 2018 Asian Games, which was held in Indonesia
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IDS Holdings Limited Litigation – acting for the Korean Bankruptcy Trustee appointed by the Seoul Bankruptcy Court in multiple cross-border insolvency proceedings in Hong Kong, including one of the first ever applications for recognition of a foreign bankruptcy trustee in Hong Kong. IDS Holdings was a corporate vehicle used to launder criminal proceeds made from the second largest Ponzi scheme in Korean history (US$900M)
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Woo v Funvest Global Pte. – representing the defendant company in a commercial conspiracy claim said to have misappropriated KRW1.2 Trillion (US$1 Billion). Injunction against the defendant was discharged on the basis that it was far removed from the alleged conspiracy
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Woori Bank v World Tec (HK) Company Limited – acting for Woori Bank (the largest bank in Korea) in obtaining a judgment against World Tec and an order for payment of US$ 3.6 million, which sum represented the unpaid principal and interest under two loan facility agreements
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Wong Pik Lin v Zurich Assurance Ltd – a class action for lay plaintiffs in an insurance claim against Zurich Assurance for their breach of contractual clause ensuring a waiver of premiums payments upon customer’s proof of disability. The contractual clause in question was deemed ambiguous, and
was interpreted in favour of the plaintiffs (application of the contra proferentem principle)
Kevin’s scope of practice extends to fields including all forms of contractual dispute, commercial injunction, judicial review, telecommunication, intellectual property and professional disciplinary proceedings. He is also frequently instructed in matters involving, among others, employment, chancery, building and construction (including proceedings before the Appeal Tribunal (Buildings)) and has experience handling matters pertaining to civil fraud, global asset-tracing and recovery, defamation, personal injury and professional negligence. As a Korean-born British barrister, Kevin has a unique breadth of expertise and experience in Korean matters, and regularly acts in disputes involving Korean clients, particularly those with an international dimension and where both commercial and criminal elements are present.
Examples of Kevin’s current and recent work also include:
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Korean International School – representing the local Korean international school in a defamation claim arising out of a defamatory article directed at the school’s board members
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YouBank Cryptocurrency Scam – representing Korean victims in the 2019 Chinese cryptocurrency wallet scam, which used online platform to lure investors to raise funds before misappropriating the said funds through a typical Ponzi scheme
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Ng Sau Fung v The Incorporated Owners of Po Wah Court – representing the Defendant Incorporated Owners in their defence against a fatal accidents claim brought by the administrator of the deceased’s estate
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Sing Sing Engineering Co Limited v Swee Kheng Building Co Limited – acting for the Plaintiff in a commercial dispute involving numerous interlocutory applications
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Appeal Tribunal (Buildings), Case No 113 of 2016 – acting for the Appellant in an appeal against the Building Authority’s order to remove unauthorized building works in breach of legitimate expectation of the Appellant
Much of Kevin’s work also takes place in domestic and international arbitration and mediation under a wide variety of institutional rules, as well as in ad hoc proceedings. He is also actively accepting instructions in court applications in support of arbitral proceedings.
Kevin is a member of the Companies Law Committee and the Competition Law Committee of the Hong Kong Bar Association. Prior to coming to the Bar, Kevin was at Cleary Gottlieb Steen & Hamilton (Hong Kong) for three years, where he gained experience in capital market transactions and global mergers and acquisitions.
Kevin is a native English and Korean speaker, and is comfortable working with both local and international clients.
Other
Kevin was formerly the President of Durham University Law Society and a General Editor of the Durham Law Review (the then Inter Alia). Kevin also previously served clerkships at Kim & Chang (Seoul, 2008), the Supreme Prosecutor’s Office (Seoul, 2008) and the LA District Attorney’s Office (Los Angeles, 2007).
In 2019, Kevin was appointed as a National Legal Advisor to the National Unification Advisory Council, a Korean constitutional body chaired by the President of South Korea, Mr Moon Jae-in. He advises the President on South Korea’s Peaceful Unification Policy and recommends policy implementations for a democratic and
peaceful inter-Korean unification with North Korea.
He also writes a weekly column on the law for Weekly Hong Kong.
Publications
Kevin Lee, Hong Kong Banking Law Handbook (5th Ed), LexisNexis Butterworths
(2020) (ISBN/ISSN: 9789888683161)
Kevin Lee, Commercial and Company Law: LexisNexis Practical Guidance, LexisNexis (2020)
For Kevin’s academic research papers, please visit:
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=4478168
Further interests
Kevin is a member of the panel for the Free Legal Advice Scheme in Hong Kong, though which he provides pro bono legal advice to lay clients in relation to a variety of legal matters. He is also a keen sportsman and an avid chess player. Prior to coming to the Bar, he competed nationally for the Durham University Fencing Club and played chess for Grey College and Abingdon School.
Key corporate M&A and capital market deals during employment with Cleary Gottlieb Steen & Hamilton
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TPG in a cross-border acquisition of Vishal Retail Ltd.’s wholesale business (Drafted the main agreement and participated in management negotiations)
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Samsung Electronics Co., Ltd.’s US$1 Billion 1.75% Notes Offering (conducted due diligence and drafted Offering Circular)
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Korea Development Bank’s privatization through Korea Exchange-listed IPO with Rule 144A/Reg S Offering (conducted due diligence and participated in the drafting of Offering Circular)
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Industrial Bank of Korea’s March 2011 Medium-Term-Note Takedown (US$500 Million Notes due 2016)
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POSCO’s December 2011 Yen 15 Billion Reg S Bond Offering (drafting and closing the Offering Circular)
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Woori Bank’s April 2011 MTN Takedown (US$500 Million Subordinated Notes due 2021); also participated in Woori Bank’s US$7 Billion Global Medium Term Note Programme Update
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Hyosung Corporation in the acquisition of Global Safety Textiles (conducted due diligence and drafted the main acquisition agreement).
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Hyundai Steel’s US$500 Million Notes Offering due 2016 (drafted first version of the Offering Circular)
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Kookmin Bank in US$8 Billion Global Medium Term Note Programme Update; also drafted first versions of Kookmin Bank’s US 20-F filings for financial years 2012 and 2011; conducted and
supervised due diligences for KB Financial Group and other KB subsidiaries -
Korea National Oil Coporation’s US$1 Billion 4.00% Notes Offering due 2016 (conducted the closing stage and obtained key signatures from the issuer and underwriters)
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KT Corporation’s US$350 Million 3.87% Notes Offering due 2017 (drafted the first version of Offering Circular)
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Korea Gas Corporation’s January 2012 Global Medium Term Note Takedown (US$750 Million 6.250% Notes due 2042)