Arbitration, China Related Disputes, Civil Law, Commercial Law, Company & Insolvency, Construction & Engineering Disputes, Energy, Oil & Gas Disputes, Public and Private International Law
Barristers
Kim M. Rooney
Back to Barrister searchYear of call: 2010 (Hong Kong), 1980 (Western Australia), 1985 (High Court of Australia), 1980 (Solicitor: Western Australia), 1991 (Solicitor: England and Wales)
Kim is a Hong Kong barrister and an international arbitrator, and accredited mediator. Before becoming a full time arbitrator and barrister, she was a partner of White & Case LLP heading its Hong Kong based Asian international dispute resolution practice. She is a member of ICC Court of International Arbitration.
Kim Rooney is Hong Kong barrister and an international arbitrator. She is a member of the ICC’s International Court of Arbitration. She sits as arbitrator in international arbitrations of commercial, finance, joint venture, high technology, energy and resources disputes around the world under various rules including those of ACICA, HKIAC, ICC, ICDR/AAA, JCCA, LCIA (India), SIAC and UNCITRAL. She was previously a partner of White & Case LLP, heading its Asian international dispute resolution practice based in Hong Kong where she has lived since 1990. She is on the panels of many arbitral institutions. Kim has represented clients as counsel in complex high value disputes in both commercial and investor state arbitrations, the latter including under ICSID Rules. She chaired the Hong Kong Law Reform Commission’s Subcommittee on Third Party Funding for Arbitration; its 2016 Final Report’s recommendations (with draft legislation) to clearly allow and to regulate Hong Kong third party funding of arbitration were implemented by 2017 amendments to the Arbitration Ordinance (Cap 609). She is also admitted as a Barrister and Solicitor in Western Australia and a Solicitor in England and Wales. She was admitted as a Solicitor in Hong Kong from 1992 to 2009.
CONTACT
Practice Areas:
Academic Qualifications:
Bachelor of Jurisprudence (UWA) 1979
Bachelor of Laws (UWA) 1980
Memberships:
Professional Organizations-
• The Hong Kong Bar Association
• HKIAC Users Council
• IBA
• ICCA
• LCIA
Arbitration Panels/Lists-
• AAA/ICDR
• ACICA – Fellow
• AIAC
• APRAG
• Arbitration Centre at the Institution of Modern Arbitration (Russia)
• CIETAC
• Hainan International Arbitration Court
• Hangzhou Arbitration Commission
• KCAB International
• SCIA
• SIAC
Mediation and Adjudication-
• HKMAAL Accredited General Mediator
• CEDR Asia/Pacific Panel of Mediators
• AIAC Accredited Adjudicator
Judicial/Statutory Body or Other Appointments:
STATUTORY APPOINTMENTS
• A chair of the Appeal Tribunal (Buildings Ordinance (Cap 123)) (Hong Kong) (1 December 2018 to 30 November 2021)
OTHER APPOINTMENTS
• A member of the ICC's International Court of Arbitration
• Chair of the Hong Kong Law Reform Commission's Subcommittee on Third Party Funding for Arbitration• A member of the Hong Kong Government’s Committee on Provision of Space in the Legal Hub
• A member of the Board of Directors of the eBRAM International Online Dispute Resolution Centre
• Chair of the Hong Kong Bar Association’s Arbitration Committee
• Editor of the IBA’s “Dispute Resolution International”
• ADR Contributing Editor for the “Hong Kong Civil Procedure”
• A member of the editorial board of the Chartered Institute of Arbitrator’s “Journal”
• A member of the ICC-Hong Kong Executive Committee
• A member of the Steering Committee of the ICC International Commercial Mediation Competition - Hong Kong
• Alternate council member of the Law Asia Council
• One of the four moderators of the ICC Advanced Asia Arbitration Academy (2018 – 2020)
Languages spoken:
English, French (reading)
Cases involved in:
As Arbitrator:
Kim Rooney’s concluded arbitration cases as arbitrator include serving as:
- Emergency arbitrator in a dispute involving intellectual property rights.
- Chair in a dispute arising from an agreement for high technology product development and distribution.
- Chair in a dispute in a long term distribution agreement for software in East Asia.
- Chair of a contractual and manufacturing dispute in the high technology sector.
- Chair of a dispute in the aviation sector.
- Co-arbitrator in a dispute between the owner and contractor arising from the construction of a coal fired power station in India.
- Co-arbitrator in a dispute arising from a PRC joint venture for the construction and operation of a manufacturing facility.
- Co-arbitrator in a commercial and financial dispute arising from the sale of a financial institution in Greater China.
- Co-arbitrator of a dispute arising under a pharmaceutical development agreement in Greater China.
- Sole arbitrator in a construction dispute in Indo-China.
- Sole arbitrator in a dispute arising from an exclusive agency agreement involving restrictive covenants.
- Sole arbitrator in a dispute arising under construction and manufacturing agreements in India.
- Sole arbitrator in a restrictive covenant dispute arising from an agency agreement.
- Sole arbitrator in a commodities trading dispute.
As Counsel:
Kim Rooney’s representation of parties as counsel includes representing:
- A North Asian based respondent in an international arbitration of complex finance and construction disputes arising from an infrastructure project in Latin America governed by New York law.
- PT Aria West, a consortium of international and domestic investors involved in an Indonesian telecommunications concession to construct and operate a US$400 million fixed-line network, in its dispute (in an ICC arbitration) with its joint operator, the Indonesian Telecommunications operating agency.
- The Republic of Indonesia in an ICSID arbitration of a arbitration brought by Cemex SA relating to the sale of a stake in a state-owned enterprise in the cement industry.
- A consortium of foreign investors that had invested more than US$400 million in a Filipino entity that was party to a concession agreement in the infrastructure sector in its dispute with a Filipino governmental agency.
- The Philippines Government in an ICC arbitration of a dispute concerning the construction of an international airport terminal.
- A Philippine engineering and construction company in a successful settlement of claims involving construction and engineering contracts for a telecommunications project.
- North Asian investors in a potential investment treaty arbitration arising from the revocation of a license and the expropriation of investors’ interest and rights in a mining project.
- European and Filipino companies in a dispute governed by ICC Rules with a Filipino company arising from various agreements concerning the supply and purchase of telecommunications materials and services in the Philippines, and a related facility agreement.
- A Sino-Foreign joint venture in the power generation sector in a substantial dispute with a French equipment and service supplier.
- A Sino-Foreign joint venture in the power generation sector in a substantial dispute with a European equipment and service supplier.
- A North Asian party in emergency proceedings for interim relief in a complex dispute arising from an agreement for sale and purchase of shares in a listed company.
- An international telecommunications group in an arbitration of a dispute concerning alleged breaches of patent licenses and the amount of royalties due.
- A North Asian manufacturing group in its claims against a major European manufacturing group in a dispute arising under a sale and purchase agreement for the sale of a group of Asian businesses, which involved issues regarding licensing, manufacturing and delivery of goods.
- An international advertising group in a dispute arising from breach of representations and warranties in a sale and purchase agreement involving distribution issues under PRC law.
- An Asian party in a dispute arising from distribution agreements for satellite services.
- An international IT group in a dispute concerning the termination of distributorship agreements in the PRC.
- A foreign investor in Indonesia in a dispute arising from a distribution agreement.
- The sellers of a controlling stake in a publicly listed company in an Asian jurisdiction in a dispute with the purchaser arising from the share sale and purchase agreement.
- A European company in a dispute with Indonesian and Cayman Island entities arising from repayment obligations under a facility agreement relating to the supply and purchase of telecommunications materials and services in Indonesia.
- A North Asian company in a dispute with a major Asian coal producer arising from a contract for sale and purchase of coal by a series of shipments.
- A substantial South East Asian investment group in an ad hoc arbitration with a substantial North Asian conglomerate in a dispute involving indemnification claims under an agreement for sale and purchase of shares.
- The respondent in a SIAC arbitration of a contractual dispute for breach of representations and warranties governed by Singapore law.
- A Korean conglomerate in a joint venture dispute concerning a natural resources project in South East Asia.
- A multi-national oil company in the arbitration of a dispute concerning the assignment of an interest in a production-sharing contract in North Asia.
- An Asian state-owned enterprise in a dispute with a foreign investor arising from the sale of a state-owned bank involving allegations of breaches of representations and warranties.
- A multinational conglomerate in a shareholders dispute with a Hong Kong based international group involving, among other things, an unauthorized sale of a US$425 million asset and structuring of the claimed compensation.
- Asian investors in a potential investment treaty arbitration concerning expropriation of their investment in a substantial real estate development.
- An international group in its licensing dispute with North Asian manufacturers of equipment governed by Californian law.
- A European group that was a claimant against a joint venture participant in a CIETAC arbitration.
- A Thai company in an ad hoc arbitration of a dispute arising from the charter party of a vessel.
- Japanese companies in two ICC arbitrations against Russian companies concerning the breach of restructuring agreements.
“Conciliation and mediation of international commercial disputes in Asia and UNCITRAL’s Working Group on International Enforcement of Settlement Agreements”, in “Asian Dispute Review”, October 2016
Kim M. Rooney (Author)
“Conflict of Laws Issues in Arbitration” in “Hong Kong: A Practical Guide” Thomson & Reuters, 4th Ed., 2017; 3rd Ed., 2014; 2nd Ed., 2011
Kim M. Rooney (Author)
“Enforcement of Hong Kong Arbitral Awards in India” in the IBA’s “Arbitration Newsletter”, March 2012 (co-author)
Kim M. Rooney (Co-author)
“HKIAC’s New Administered Arbitration Rules”, Kluwer Arbitration Blog, 27 May 2009
Kim M. Rooney (Author)
“Hong Kong’s Third Party Funding of Arbitration Law Reform and “Light Touch” Regulation” in the “New York Dispute Resolution Lawyer”, Spring 2017, Vol. 10, No. 1.
Kim M. Rooney (Author)
“ICC Arbitration In Hong Kong and the 2012 ICC Rules” in “China Business Law Journal”, March 2013
Kim M. Rooney (Author)
“ICC’s Process for Nomination of Arbitrators in Hong Kong” in China Business Law Journal, June 2013 (co-author)
Kim M. Rooney (Co-author)
“Managing Time and Costs Effectiveness – Some Observation of the Potential Tension between Parties’ Autonomy and Due Process Under the Model Law” in “Korean Arbitration Review”, 5th Issue, December 2015
Kim M. Rooney (Author)
“Mini Roundtable – Managing Business Disputes in South-East Asia” in “Corporate Disputes,” in “2016 Financier Worldwide” (co-contributor), October – December 2016
Kim M. Rooney (Co-contributor)
“New CIETAC Online Arbitration Rules”, Kluwer Arbitration Blog, 27 May 2009
Kim M. Rooney (Author)
“Recent Legal Developments in Third Party Funding of Arbitration and Mediation In Hong Kong” in “Asian Dispute Review”, October 2017
Kim M. Rooney (Author)
“Resolving Business Disputes in Today’s China Investor-State Arbitration and China: The “New, New Thing?” in “Business Disputes in China”, Juris Publishing, 1st edition, 2007, and 2nd Edition, 2009
Kim M. Rooney (Author)
“The 2009 ASEAN Comprehensive Investment Agreement” in the IBA’s “Dispute Resolution International”, Vol 4, No. 2, October 2010
Kim M. Rooney (Author)
“The Consultation Paper of the Hong Kong Law Reform Commission’s Sub-Committee on Third Party Funding for Arbitration” (co-author), October 2015
Kim M. Rooney (Co-author)
“The Internationalization of Hong Kong Arbitration Law and Enforcement of Awards against Chinese Stated Owned Business Entities” in “Arbitrators’ Insights – Essays in Honour of Neil Kaplan”, Sweet & Maxwell, 2012
Kim M. Rooney (Author)
“The New Arbitration Law in Hong Kong” in the IBA’s “Arbitration Newsletter”, March 2011
Kim M. Rooney (Author)
“Third Party Funding for Arbitration Final Report” of the Hong Kong Law Reform Commission, (co-author), 12 October 2016.
Kim M. Rooney (Co-Author)
“Third Party Funding for Arbitration in Hong Kong: Law Reform Commission’s Final Report dated 12 October 2016”, “Hong Kong Lawyer”, December 2016
Kim M. Rooney (Author)
“Treaty Arbitration – Is it a real alternative for China Investment Disputes?” in “Transnational Dispute Management”, December 2010
Kim M. Rooney (Author)
“UK/Hong Kong: Inconsistent judgments on contractual waiver of state immunity” in “Global Arbitration Review”, Vol. 6, Issue 6, 2011
Kim M. Rooney (Author)
“ICSID and BIT Arbitrations and China” Journal of International Arbitration, Kluwer, 2007. (This article was referred to in paragraph 145 of the judgment of the Singapore Court of Appeal in Sanum Investments Ltd v Government of the Lao People’s Democratic Republic [2016] SGCA 57)
Kim M. Rooney (Author)
“The Global Impact of the COVID 19 Pandemic on Commercial Dispute Resolution in the First 7 Months” IBA’s Dispute Resolution International, October 2020 (publication pending)
Kim M. Rooney (Author)
“Third-Party Funding of Arbitration and Alternative Dispute Resolution in Hong Kong: Who, When, How?” BCDR International Arbitration Review, (publication pending)
Kim M. Rooney (Author)
“Turning the Rivalrous Relations between Arbitration and Mediation into Cooperative or Convergent Modes of a Dispute Settlement Mechanism for Commercial Disputes in East Asia”, 12 (1) Contemp.Asia Arb J.107 (2019)
Kim M. Rooney (Author)
Chapter 2 on “Cambodia” in “International Commercial Arbitration in Asia” 3rd Edition, Juris Publishing, 2013 (co-author).
Kim M. Rooney (Co-author)
ICCA’S Guide to the Interpretation of the 1958 New York Convention: A Handbook For Judges
Kim M. Rooney (Co-Author)
Lexis Nexis’ volume entitled “Hong Kong Encyclopedia of Forms and Precedents, Dispute Resolution-Arbitration & Mediation”, 2011 (co-author).
Kim M. Rooney (Co-author)
Review of “Procedure and Evidence in International Arbitration” by Prof. J. Waincymer, Dispute Resolution International, Vol. 8, No. 1, May 2014
Kim M. Rooney (Reviewer)
Review of “The Secretariat’s Guide to ICC Arbitration” and “Arbitration Under the 2012 ICC Rules – An Introductory User’s Guide” in the IBA’s “Dispute Resolution International”, Vol 7, No. 1, May 2013
Kim M. Rooney (Author)