Bryan Fok
Principal

International arbitration and commercial litigation

Qualification
  • Solicitor Advocate, Hong Kong
  • Barrister, England and Wales
  • Barrister, British Virgin Islands
  • Fellow of the Chartered Institute of Arbitrators
Profile

Bryan is a seasoned dispute resolution and international arbitration specialist. His expertise lies in assisting clients in navigating and resolving complex legal issues, both domestically and internationally. Prior to founding BF & Co., Bryan practised at leading international law firms (Herbert Smith Freehills and Schellenberg Wittmer) and also worked as in-house litigation counsel at bulge bracket investment banks (Morgan Stanley and UBS). He has extensive international legal experience, having practised in London and Geneva. In addition to his Hong Kong practice, Bryan is an English barrister affiliated with 36 Stone, providing advocacy and advisory services in English and BVI legal matters.

 

Bryan is deeply committed to public service. He holds, and has held, a number of public appointments, including as Chairman of the Buildings Appeal Tribunal, Member of the Inland Revenue Board of Review, Adjudicator of the Immigration Tribunal, Member of the Building Committee of the Housing Authority and Member of the Hotel and Guesthouse Accommodation Appeal Board.

 

At the same time, Bryan maintains a close connection with legal academia. He is an LCIL Partner Fellow at the Lauterpacht Centre for International Law, University of Cambridge, and was an Honorary Fellow of the Asian Institute of International Financial Law at the University of Hong Kong. To honour academic excellence in international dispute resolution, he established the BF & Co. Prize for International Investment Law at the University of Cambridge and the Bryan Fok Prize in Arbitration Law at the University of Hong Kong. Additionally, he has also been invited to deliver guest lectures at Harvard Law School, Peking University Law School and Renmin University Law School.

 

Bryan was educated at University College London and the University of Cambridge.

Selected Matters

Since founding BF & Co., Bryan has represented clients in numerous significant matters, including:

 

  • A chairman of a listed company in multiple proceedings in Hong Kong, BVI and Cayman Islands against joint venture partners for diversion of business opportunities

 

 

  • An investment fund in ongoing disputes relating to a HK$1.5 billion investment in promissory notes which defaulted and was subsequently revealed to be part of a fraudulent scheme linked to criminal convictions in the PRC, including a life imprisonment sentence for the principal fraudster

 

  • Founders and investors in disputes relating to the failure to achieve a qualified IPO 

 

  • A listed company in a HKIAC arbitration commenced by a European company for the supply of allegedly defective products and breach of supply agreements

 

  • A listed company in a HKIAC arbitration against its fund manager for misrepresentation and mismanagement of the company's cash reserves

 

  • A Chinese state-owned coal mining company in parallel HKIAC and SIAC arbitrations against its joint venture partner relating to a coal mining project

 

  • Commodities traders in HKIAC, SIAC, DIAC and ad hoc arbitrations to recover payments from buyers. Several arbitrations concern the application of force majeure clause and the implementation of international sanctions

 

  • An African national telecommunications company in ICC arbitration against a Chinese state-owned telecommunications company relating to a roaming service contract

 

  • The founder of an e-commerce company in defending an ICC arbitration commenced by venture capital funds and investors for alleged breaches of fiduciary duties and misappropriation of company assets

 

  • A listed company in defending a High Court claim relating to an alleged fraudulent scheme to defraud creditors

 

  • A high-net-worth individual in a High Court claim against an investment manager for mis-selling of investment products

 

  • Several traders (named as John Doe defendants in United States civil proceedings concerning alleged insider trading in options on listed securities) in subsequent investigations concerning suspected insider dealing 

 

  • A responsible officer of a licensed corporation in a Securities and Futures Commission investigation concerning suspected insider dealing in listed securities