Melody Chan

Melody Chan

Partner

Offices

Hong Kong SAR

Melody is in the Litigation Group, and her practice focuses on cross-border arbitration and multijurisdictional litigation with a particular focus on disputes in the financial services, oil and gas, power, and technology sectors, as well as on matters in connection with joint ventures and insolvency proceedings.
She also handles contentious and non-contentious regulatory and employment matters. Melody also sits as an arbitrator in Hong Kong International Arbitration Centre proceedings.

Melody is admitted in Hong Kong, England & Wales and New South Wales. She speaks Mandarin, Cantonese and English.

Melody has been ranked as the leading lawyer in dispute resolution: Litigation (International Firms) - China, Chambers Asia-Pacific for many years and in 2021 was named Woman Lawyer of the Year (Law Firm)" by ALB Hong Kong Law Awards 2021 as well as Financial Services Disputes Expert of the Year, Hong Kong at The Lawyer Network Annual Awards 2021.

Expertise

Industries

Experience

Representative matters

  • PRC bank listed on the Hong Kong Stock Exchange as plaintiff in debt enforcement proceedings, which the bank initially advanced two term loan facilities of over US$250 million to two entities.
  • Hong Kong bank in handling a customer complaint in connection with certain loans and financing provided by the bank. The bank ultimately reached a settlement with the customer within five months and preserved the banking relationship.
  • A Chinese pharmaceutical company in handling an LCIA arbitration initiated by an Indian life sciences company in relation to Manufacturing and Supply Agreement between the two parties.
  • Two of the largest banks in China in a SIAC arbitration on a dispute arising out of a project finance loan default relating to a construction project in Bangladesh.
  • An ad hoc group of creditors on claims and enforcement action following a bond default by the subsidiary of a major Chinese real estate company, with the value of the bonds being US$260 million. (previous firm experience)
  • A group of major Chinese lenders in connection with a payment default under various facility agreements, including advising on an insolvency application and restricting the existing indebtedness of an India-based mobile network provider, as well as on English court proceeding against a guarantor of the loans. (previous firm experience)
  • A social media giant on injunctive relief and damages for unlawful interference and harassment arising from the unauthorized, illegitimate and wrongful use of its platform by a Hong Kong-based online game company. (previous firm experience)
  • The Chinese subsidiary of a leading European gas company in an ICC arbitration seated in Hong Kong. The dispute concerned a PRC law governed shareholders agreement with a China-based joint venture partner. (previous firm experience)

Pro bono

  • Working with Hagar on a submission report on measures to protect vulnerable victims in criminal proceedings, surveying measures put in place by courts and governments in various Asian jurisdictions.
  • Working with the Judiciary of Bhutan in providing and delivering a training course on civil procedures to judges from different courts within Bhutan.

Published Work

  • Chapter 6: Hong Kong, The Third Party Litigation Funding Law Review (4th ed), 2020
  • “Working from home – A checklist of the IT risks and exposures” Hong Kong Lawyer (April 2020)
  • Chapter 7: Hong Kong, The Third Party Litigation Funding Law Review (3rd ed), 2019
  • Chapter 7: Hong Kong, The Third Party Litigation Funding Law Review (2nd ed), 2018
  • “The Jessup Moot Court Competition: Legal Skills Training and More”, Hong Kong Lawyer (June 2018)
  • Chapter 8: Hong Kong, The Third Party Litigation Funding Law Review (1st ed), 2017

Speaking Engagements

  • Speaker, Chinese-Saudi Arbitration at a Crossroads: Experience from the Trenches in Construction & in Finance, Current & Future - the development of dispute resolution in China and Saudi Arabia (September 2023)
  • Speaker, Hand in Hand - Why Strong Legal and Judicial Systems Strengthen (rather than weaken) International Arbitration | Generations in Arbitration Conference, organized by withers (November 2021)
  • Speaker, “Round Table: The Belt and Road – merging, acquiring and amalgamating”, at the conference, “2019 Dispute Resolution in M&A Transactions”, jointly organized by International Chamber of Commerce (ICC), ICC Poland and Gessel (May 2019)
  • HKIAC Pre-arbitration Strategy Workshop: Maximising Recovery in International Infrastructure Disputes, Vietnam (June 2018) 
  • Chair, "Promoting diversity and inclusion in senior management", IFLR Asia Women in Business Law Forum: Promoting the talent pipeline (April 2017)
  • HKIAC arbitration clause negotiation workshop, Taipei (March 2017)
  • Chair, “The leaking pipeline: improving diversity in senior management”, IFLR’s Asia Women in Business Law Forum (April 2016)
  • Moderator, “International Arbitration in Asia: the new black?”, Hong Kong Arbitration Week (October 2015)
  • Chair, “Best practices in mentoring, sponsorship and coaching”, IFLR Women in Business Law Forum (March 2015)

Recognition

Melody Chan leads matters ranging from cross-border debt recovery actions to regulatory litigation for major technology clients. A market source remarks: ‘She's someone I think is very good.
Chambers Asia Pacific 2021 China – Disputes Resolution: Litigation – International Firms.
A client appreciates that ‘you can count on her to provide to-the-point advice and solutions.
Chambers Asia Pacific 2021 China – Disputes Resolution: Litigation – International Firms.

Awards

  • Woman Lawyer of the Year (Law Firm) - ALB Hong Kong Law Awards 2021
  • Financial Services Disputes Expert of the Year, Hong Kong - The Lawyer Network Annual Awards 2021
  • Leading Global Litigators, Lawdragon 500, 2021, 2023

Qualifications

Admissions

New South Wales, Australia, 1999

England and Wales, 2003

Hong Kong, 2003

Academic

College of Law Sydney (LL.B. (Hons), 1998)

University of Sydney (B.Com., 1996)

Languages

Chinese (Cantonese), Chinese (Mandarin), English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.