Wing So

BARRISTER

Call: 2020

Wing has a focus on international arbitration and cross-border litigation, covering mainly commercial, construction, maritime, and aviation disputes, and more recently also investment disputes. He also has a particular expertise on costs disputes, and experience with town planning and licensing work. Due to his previous work experience, he is most frequently instructed in cases involving PRC SOEs and/or entities from Russia, Ukraine, or other CIS Countries. In addition, due to his experience in legal academia and university management, he has a background in higher education law, and Islamic and Hindu succession law.

Prior to joining the Hong Kong Bar, Wing has been a legal academic conducting research and teaching around the globe since 2010, including at Oxford, New Delhi, Luxembourg, Moscow, Kazan, Beijing, and Hong Kong, and previously acted as a legal advisor and expert witness for private clients for years in this capacity. He was formerly a judicial assistant of the Court of Final Appeal, and also served under the judge-in-chief of the Construction & Arbitration List of the High Court of Hong Kong. He also acts as an arbitrator.

T: +852 2532 6717

E: wing.so@redechambers.com

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He is one of the co-authors of the leading English textbook on the law of costs, Friston on Costs (3rd edn OUP 2019), building upon his doctoral research on the area. He was appointed as a foreign legal expert by the Ministry of Science & Technology of the PRC government since 2019. Outside of his practice, he continues to regularly give lectures and supervise postgraduate and doctoral students from various law schools in PRC and Russia on civil procedure and international arbitration. He is currently a Distinguished Professor and Graduate Supervisor for civil procedure and international arbitration at the China University of Political Science & Law in Beijing, and a visiting professor at Lomonosov Moscow State University.

RECENT HIGHLIGHTS

He acts as sole advocate in arbitration frequently, and his recent highlights include:

  • HK ICC Arbitration: acting for a PRC Central SOE for a URDG-758 claim against a Ukrainian bank in excess of 100 million Euros relating to guarantees over the supply of photovoltaic equipment to solar farms in Crimea (governing law: English law)
  • HKIAC Arbitration: defending a Chinese owned BVI corporation in a claim for more than USD 17.5 million based on allegedly defective medical grade COVID-19 PPEs being exported to US hospitals, successfully resisting the claim on jurisdictional grounds (governing law: Hong Kong law / PRC law)
  • ICSID Arbitration: advising a Hong Kong company on ICSID claims against the Republic of Indonesia under the HK-ASEAN Free Trade Agreement

Given his academic background and training in comparative law, he often acts in cases fully or partially governed by civil law such as:

  • HKIAC Arbitration: acting for a Swiss manufacturer against a PRC corporation on the sale of photovoltaic cell coating machinery (governing law: Swiss law)
  • HKIAC Arbitration: acting for a PRC SOE against a Korean-American joint venture in an HKIAC arbitration on the acquisition of an Automobile manufacturing line (governing law: Korean law, ongoing)

OTHER NOTABLE CASES

Commercial Arbitration

  • CIETAC (Beijing) Arbitration: acting for a PRC company in respect of a claim by a PRC SOE to refund project fees in excess of HKD 260 million for a 5G telecommunications project in Kyiv, after successfully discharging a Mareva injunction in China National Machine Tool Sales and Technical Service Corporation v Nationsync Electrical and Machinery Equip Corp Ltd [2020] HKCFI 3066 (governing law: PRC law, Hong Kong law, Ukrainian law)
  • HKIAC Arbitration: Advising and acting for a PRC SOE in a claim involving in excess of USD 32 million in relation to its investment in a BVI Tech Joint-Venture, leading to a successful settlement (governing law: Hong Kong law, BVI law)
  • HKIAC Arbitration: Defending a PRC Tech company in a claim in relation to an IT project for South African National Parks (governing law: Hong Kong law)
  • Acting as an expert witness on Hong Kong law for the PRC Chongqing Intermediate People’s Court on conflict of laws in relation to a claim by PRC mobile phone manufacturer against a leading American audio equipment manufacturer, arising from an underlying HKIAC arbitration (governing law: Californian law, PRC law, Hong Kong law)

Construction Arbitration

  • Moscow ICAC Arbitration: dispute on a defective works claim in relation to a Myanmar infrastructure project against a Russian corporation (governing law: English law & Myanmar law)
  • HKIAC Arbitration: Representing a PRC SOE in a RMB 900 million claim for payment under a FIDIC (BOT) contract for the construction of a Russian natural gas pipeline, leading to a successful settlement (governing law: English law)
  • SIAC Arbitration: dispute on a defective works claim in relation to an Afghanistan infrastructure project (governing law: English law & Afghan law)
  • SIAC Arbitration: A variation claim and a delay claim in relation to the construction of a Siberian chemical plant (LCIA rules, governing law: English law)
  • CIETAC (Beijing) Arbitration: claim against the insurer for fire damage at a construction site at a major residential project in Sichuan which led to a successful early settlement for more than RMB 60 million (governing law: Hong Kong law)
  • Maeda Kensetsu Kogyo Kabushiki Kaisha & Anor v Bauer HK Ltd (No 2) (pending appeal from CACV 301/2019) – Pending appeal to the CFA on the validity of a pre-action notice under a construction contract specifying a different legal basis from the one raised before the arbitral tribunal (led by Ian Pennicott QC, SC & with James Niehorster)

Cross Border Commercial Work (Non-Arbitration based)

  • Zheng v Gong (HCMP 2354/2020) Successfully obtaining a cross-border injunction against a president of a HK listed company in aid of enforcement of a PRC Supreme People’s Court judgment debt under Cap 597 for RMB 120 million
  • Advising a PRC state bank on a multi-jurisdictional syndicated loan of more than USD 850 million in support of an overseas mining project
  • Regularly advises on cross-border transactions, especially on complex choice of law and jurisdiction issues

Costs

Wing’s specialty on costs disputes covers matters arising under arbitration, litigation (including taxation and taxation reviews), and also non-contentious matters. Wing also regularly advises on litigation and arbitration funding arrangements.

  • HKIAC Arbitration: interlocutory dispute over the applicable law for determining the rate of interest over costs
  • Indah v OWT Asia Limited (CACV 322/2021) appeal to the Court of Appeal over decision to award wasted costs against a solicitor despite succeeding in an action
  • Yau v Chui (FCMC 5461/2014) successfully sought court to exercise discretion to reopen issues for taxation review under O.62 r33, pending further appeal
  • Advising on a dispute over a City firm’s costs charged for a failed IPO
  • Advising on choice of law clauses in a cross-border litigation funding arrangement, and whether it constitutes champerty
MORE CASES

EDUCATION

  • P.C.LL. (University of Hong Kong)
  • D.Phil. (Law) Candidate (Exeter College, University of Oxford)
  • M.Phil. (Law) (Exeter College, University of Oxford)
  • B.C.L. (Exeter College, University of Oxford)
  • LL.B. (City University of Hong Kong)

SCHOLARSHIPS AND PRIZES

Scholarships

  • Hong Kong Bar Association – Charles Ching Memorial Scholarship (2020)
  • Society of Construction Law Hong Kong Scholarship (2020)
  • Lincoln’s Inn Hardwicke Entrance Scholarship (2017)
  • Max Planck Institute Luxembourg Scholarship (2015)
  • Clifford Chance Prize in Civil Procedure (with historical record score) (2010)
  • British Chevening Postgraduate Scholarship (Hong Kong) (2010)
  • Hong Kong Government-City University Scholarship (for Local Students) (2009)
  • Lovells Prize for Overall Excellence in the LLB (2008)
  • Chiap Hua Cheng’s Foundation Scholarship (2007)
  • Hong Kong Institute of Chartered Secretaries Scholarship (2007)
  • Johnson, Stokes & Master Prize for Overall Excellence (2007, awarded again in 2008)
  • Hong Kong Airport Authority Skyleaders Scholarship Award (2006, awarded again in 2007) 
  • Hong Kong Jockey Club Scholarship (for Local Students) (2006, awarded again in 2007, 2008)
  • Baker & McKenzie Prize in Contract (2006)

LANGUAGES

  • English
  • Cantonese (Native)
  • Mandarin (Fluent)
  • Hokkien / Taiwanese (Competent)
  • Russian (B1)
  • Japanese (JLPT N2)

Awards

  • Champion, Oxford Hong Kong Mooting Competition (2017)
  • Russian Federation Tatarstan Government “Algarysh” Grant (2017)
  • Outstanding Academic Paper Award, City University of Hong Kong (2009)
  • Honorable Mention, Martin Domke Award (Best Individual Oralist in the General Rounds), Willem C. Vis International Commercial Arbitration Moot (2008)

APPOINTMENTS AND MEMBERSHIPS

Appointments

  • PRC Ministry of Science & Technology, SAFEA, Foreign Legal Expert
  • Judicial Assistant of the Court of Final Appeal (2018 – 2019)

Memberships

  • Arbitrator, Shenzhen Court of International Arbitration (SCIA) Panel of Arbitrators