Philipp Hanusch
Biography
Philipp's practice focuses on international commercial arbitration. Before joining the Firm in February 2015, he worked as an associate for a major Hong Kong law firm for 8 years. Prior to that, he worked for a leading Austrian law firm for 7 years. In 2011, he was appointed legal counsel to the Austrian Consulate in Hong Kong.
Practice Focus
Philipp has represented parties in arbitrations under the rules of Hong Kong International Arbitration Centre (HKIAC), International Chamber of Commerce (ICC), China International Economic Trade Arbitration Commission (CIETAC), Vienna International Arbitral Centre (VIAC), International Center for Dispute Resolution (ICDR), and the UNCITRAL Arbitration Rules. Philipp is on the HKIAC List of Arbitrators and has been repeatedly appointed as arbitrator in ICC and HKIAC arbitrations. He is a regular contributor to Global Arbitration News, the firm's moderated arbitration blog.
Representative Legal Matters
- Acting for subsidiaries of a multinational client against a Russian respondent in a Hong Kong arbitration under the 2018 HKIAC Rules. The Russia-exit dispute concerned the termination of English law governed license agreements for various territories. We successfully obtained emergency arbitrator relief, including anti-suit injunctions, and interlocutory injunctions protecting our clients' IP rights.
- Acting for a PRC-listed company defending a USD 200 million claim against a third party-funded company in a Hong Kong ad hoc arbitration under the UNCITRAL Rules. The dispute concerned the termination of two supply agreements and involved jurisdictional issues arising from pathological arbitration clauses.
- Acting for a PRC state-owned enterprise against eight claimants in Hong Kong ad hoc arbitration proceedings and anti-suit injunction proceedings. The complex dispute arose from PRC law governed joint venture agreements and involved various jurisdictional issues. We discharged an anti-suit injunction obtained ex parte against our client in the Hong Kong courts and removed seven claimants from the arbitration for lack of jurisdiction.
- Acting for a leading commercial provider of waste management services against multiple respondents in consolidated arbitrations under the 2018 HKIAC Rules. We successfully enforced funding obligations under a Sino-foreign JV agreement, defended all counterclaims, including the termination of the agreements, and obtained a substantial costs award.
- Acting for an investment and investment holding group company against three respondents in a consolidated arbitration under the 2018 HKIAC Rules. We successfully enforced a share buy-back obligation under a Hong Kong law governed shareholders' agreement and related guarantee obligations. We also obtained an interim award ordering respondents to reimburse our client for advances on costs.
- Acting for two members of a Chinese insurance group in Hong Kong court proceedings for the setting aside of an ICC award rendered against several respondents in a post-M&A dispute. We successfully defended the award worth over USD 160 million and obtained security for our clients’ costs.
- Acting for a minority shareholder against a PRC company and its parent in two HKIAC administered proceedings under the UNCITRAL Arbitration Rules and related court proceedings. The dispute arose from a shareholders' agreement relating to a Hong Kong JV company providing marine heavy transportation services.
- Acting for a subsidiary of a HKSE-listed company against a PRC owned BVI company in proceedings under the 2013 HKIAC Rules. The JV dispute concerned a mining business in South-East Asia. We secured emergency arbitrator relief for our client and successfully resisted applications for joinder and consolidation.
- Acting for a HKSE-listed company's subsidiary against a NYSE-listed company's subsidiary in ICDR arbitration proceedings in California in respect of the termination of a JV. The dispute involved complex substantive and procedural issues arising under California and Hong Kong law.
- Acting for a subsidiary of a HKSE-listed company against a BVI company in proceedings under the 2018 HKIAC Rules (Expedited Procedure) and in subsequent setting aside proceedings in the Hong Kong courts. The dispute arose from a project management agreement for a luxury residential project in Macau.
- Acting for a service provider for influencer marketing and online presence against a European respondent in proceedings under the 2018 HKIAC Rules. The dispute concerned the termination of a service agreement and outstanding service fees.
- Acting for an Indian producer of crystalline modules for the solar power industry against a Chinese supplier in proceedings under the 2013 HKIAC Rules. The dispute concerned the termination of a long-term supply agreement.
- Advising an Indian subsidiary of a multinational company against an Indian SPV on complex procedural issues in domestic proceedings under the ICADR Rules in New Delhi. The dispute concerned a large infrastructure project financed by the World Bank.
- Acting for a subsidiary of a global pharmaceutical company against a HKSE-listed company in proceedings under the HKIAC Rules. The dispute arose from a Subscription Deed regarding an investment in a pharmaceutical business in Mainland China.
- Acting for a Hong Kong firm against a Chinese manufacturer in proceedings under the CIETAC Rules in Beijing, and advising the claimant on the enforcement of the award in Mainland China.
Professional Associations and Memberships
- American Chamber of Commerce in Hong Kong (AmCham)
- Arbitration Committee of the International Bar Association (IBA)
- Asia-Pacific Forum for International Arbitration (AFIA)
- Austrian Arbitration Association (ArbAut)
- Delos Dispute Resolution
- Europe Committee of the Hong Kong General Chamber of Commerce (HKGCC)
- ICC-HK Standing Committee on Arbitration and ADR
- The Law Society of Hong Kong
Admissions
- Hong Kong (2009)
- Austria
Education
- University of London (LL.M.) (1999)
- University of Vienna (Mag. iur.) (1997)
Languages
- English
- German
Baker & McKenzie, a Hong Kong partnership, is a member of Baker & McKenzie International, a Swiss Verein.