Thomas Lee

Practice Areas

Thomas Lee is a highly regarded advocate, arbitrator and adviser. He works across a broad range of commercial disputes, principally in construction, fraud and asset tracing, professional negligence and employment.

He is usually sole advocate in difficult matters. He is also comfortable as a senior junior working in a team on heavy cases. He is highly accessible for formal and informal advice as well as representation.

He is a Chartered Arbitrator. He has been appointed (solely and as panel member) in several ad hoc references and in appointments under the HKIAC and ICC rules (domestic and international). He practises as a commercial mediator and has sat as a Deputy District Judge.

Having been a partner in the HK office of a London law firm, he is highly attuned to the needs and demands of solicitors as well as their clients.

Directory Quotations

“A highly-regarded senior junior, he is a good advocate and always very well-prepared.” “He is great with clients” and “very personable”.

“Thomas is a responsive and seasoned arbitrator with extensive experience in construction disputes.” Thomas is “a thoughtful and considered arbitrator”.

“Bright, practical and user-friendly, he rolls his sleeves up and gets stuck into, and masters, the detail. A pleasure to work with, and good with clients.”

“Thomas is an able and impressive advocate as well as a hardworking and knowledgeable junior counsel.”

“His vast experience is what sets him apart; he is an ideal “one-stop shop” for sizeable construction companies.”

“An excellent and determined advocate, who presents his case in measured yet very clear terms.”

“Thomas is very client focused, modern, and approachable.”

“Thomas conducts meticulous oral advocacy and will not miss any points.”

“In terms of client service and delivery rates, he’s extremely strong. With his modern service and ability to get on with clients and tribunals, he does very well.”

“Thomas is versatile and intelligent: our go-to advocate in both complex commercial disputes and large- scale construction cases.”

“He has the respect of the court here. He’s very good, very steady, very polished and very pragmatic on fees”.

Career

Call 1999

Professional Memberships

He serves extensively on professional bodies: the Appointments Committee of the HK International Arbitration Centre; the Arbitration Committee of the HK Bar Association; the Construction Committee of the HKBA; and the Council of the Society of Construction Law Hong Kong, since 2003. He is a panel member of the Barristers’ Disciplinary Tribunal.

Publications

Thomas edited the chapter on contractors’ completion obligations in Emden’s Construction Law (HK ed.) and wrote the chapter on progress and completion obligations in Construction Law Essentials (HKU Press).

Thomas often speaks on international arbitration. Recently presented on hybrid med-arb procedures (LawAsia Bengaluru 2023); reconsidering factual witness evidence (SCLHK International Conference); presentation of expert evidence (CIOB Masterclass); reciprocal enforcement of judgments and awards between Hong Kong and the Mainland PRC (several forums, including APBA and HKIAC). Forthcoming presentation on recent HK and Singapore decisions setting aside arbitral awards. Forthcoming paper on rethinking the duties of party-appointed tribunal members.

Thomas has delivered lectures or tutorials on construction law for the HKBA; the CIArb EAB; and the CUHK Architecture Faculty.

Personal

He was born in Kuala Lumpur, educated in Australia, and has lived and worked in HK for over 30 years.

Work Highlights

Commercial Work

Recent highlights as Counsel:

AI & ors v LGII & anr [2023] 4 HKC 135:

Acted for applicants in setting aside proceedings following a US$500 million arbitral award, based on: scope of submission; adequacy of reasons; ability to present case; and public policy.

Insurance regulatory

Acted for directors and shareholder in HK insurance regulatory proceedings (2023).

Construction arbitration

Acting for a public sector client defending a claim arising from the termination of a major infrastructure design services contract (2023).

Marasinghe v Director-General of Civil Aviation [2022] HKCFI 2483

Acting in an ongoing judicial review. Leave granted on actual and apparent bias grounds. Document disclosure and cross-examination being argued.

ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501

Acted for corporate defendants in a dispute arising out of a failed joint venture, seeking a stay to arbitration in a multi-party and multi-contract dispute.

China Medical Technologies Inc (in liquidation) v Wu [2021] HKCFI 286

Acted for the liquidators in opposing the bank’s application to discharge a banker’s books order.

Recent highlights as Arbitration Counsel:

Counsel in an arbitration between a developer and a main contractor on an HK commercial development.

Counsel in an arbitration for a public sector client defending a claim arising from the termination of a major infrastructure design services contract.

Counsel in potential arbitration proceedings between shareholders in an HK investment advisory business.

Counsel in an arbitration between a sub-contractor and a main contractor on a Macau casino development.

Counsel in an arbitration between a U.S. talent agency and a Mainland PRC golf and property developer.

Counsel in an arbitration between an Australian IT company and a Mainland PRC bank.

Recent highlights as Arbitrator:

Sole arbitrator in a construction arbitration between an Australian contractor and an HK sub-contractor – HKIAC Domestic Arbitration Rules.

Sole arbitrator in a dispute arising from a failed investment in Iceland between a BVI / US party and a PRC party – HKIAC Administered Arbitration.

Sole arbitrator in a sale of goods dispute between a UK party and an HK party – ICC Arbitration.

Sole arbitrator in two related domestic HK construction disputes – ad hoc.

Tribunal member in consolidated arbitrations between a Swiss corporation and an

HK individual – HKIAC Administered Arbitration

Construction Work

Advised and/or represented developers, contractors, sub-contractors, consultants, insurers & liquidators on the full range of multi-tier delay/disruption, defects,

termination, quantum, insurance, collateral security & JV disputes and on associated stay/enforcement/appeal proceedings.

Experience covers public & private sector civil engineering and commercial & residential building claims (adjudication, arbitration, CFI, CA).

Since 2007, advised and appeared in 15+ substantial construction arbitrations or adjudications, in both the private and public sectors.

Very active at the intersection of the construction sector and pure construction disputes with commercial litigation, arbitration and mediation; restructuring, insolvency and companies work; public and environmental law; and professional negligence and insurance.