Winnie Tam SC, JP

  • Senior Counsel, Hong Kong Bar
  • Barrister-at-Law, England & Wales
  • Deputy Head of Chambers, Des Voeux Chambers
  • Overseas Member, 8 New Square, Lincoln’s Inn, London
  • Solicitor and Advocate, Singapore
  • Solicitor and Advocate, Australian Capital Territory

Year of call

  • 1984 (Hong Kong)
  • 1988 (UK Bar)
  • 2006 (Hong Kong Inner Bar)

Practice areas

Corporate Law
Entertainment and Media
Tech and Innovation
International Arbitration & Mediation

Profile

Winnie was appointed Senior Counsel by the Chief Justice of HKSAR in 2006. She was elected to serve as the Chairman of the Hong Kong Bar Association between January 2015 to January 2017, has since 2018 been appointed Chairman of the Committee on Intellectual Property. In 2015, she was appointed a Recorder of the Court of First Instance, High Court of the Hong Kong SAR. In 2016, she was honoured as an Overseas Bencher of the Middle Temple Society. In 2019, she succeeded from Coleman J. as Chairman of the Hong Kong Advocacy Training Council.

Winnie has broad experience in corporate commercial,  intellectual property, technology, media and entertainment disputes. Apart from her regular involvement as lead Counsel in IP and commercial litigation and arbitration, Winnie is rapidly building a reputation as an international arbitrator and mediator. Published reviews of her ability by other members of the legal industry are extracted below.


Winnie is a panel arbitrator of the HKIAC’s Intellectual Property Specialist Panel, a CIETAC panel arbitrator, a member of the Expert Committee of the Hi-tech and IP Arbitration Committee of the South China International Arbitration Commission (SCIA), a panel arbitrator of SCIA, a member of the Chartered Institute of Arbitrators, and a fellow of the Hong Kong Institute of Arbitrators. She is a WIPO panel mediator, JAMS panel mediator, a CEDR-accredited mediator, a panel mediator on Mainland-Hong Kong Investment Disputes under CEPA.  In her capacity as a leading intellectual property barrister she has been invited to join a working group of the Department of Justice on the arbitrability of intellectual property rights, and has contributed to the drafting of a bill presented to LegCo in December 2016. From 2018, Winnie has been appointed to the Nominations Committee of the HKIAC for a term of 2 years.


Winnie has been appointed presiding arbitrator and co-arbitrator under ICC, HKIAC, CIETAC and SIAC rules in cases involving international commercial and joint-venture disputes, intellectual property and licensing disputes, gaming rights licensing disputes and sino-foreign investment disputes. She has been appointed as arbitrator in international arbitrations to be conducted both in English and in Chinese. She has acted as leading counsel and co-counsel in international arbitrations and court actions in aid of international arbitration.

  • Appointed by party as co-arbitrator in a complex dispute involving multi-jurisdictional arbitrations and litigations between the parties in a claim exceeding US$200M under HKIAC 2013 Rules with the seat of arbitration in Hong Kong. 
  • Appointed presiding arbitrator in an arbitration under HKIAC Rules 2013. The dispute arose from a joint venture between a Hong Kong company and a major machinery manufacturing company from Northern Europe to the value exceeding USD 200M in which technology transfer was the crux of the parties’ dispute. Issues involve complex international issues as well as issues on China law and Hong Kong law.
  • Appointed as presiding arbitrator under the ICC Rules working with leading international arbitrators in the region. The claim is one on licensing and development of game software to involving a claim of at least USD 100M.
  • Appointed as co-arbitrator by the Shenzhen International Arbitration Centre (formerly  SCIA) in a cross-border sale of goods dispute worth roughly RMB 30M. Complex issues  of company insolvency law are involved. The arbitration is conducted under SCIA Rules.
  • Appointed as co-arbitrator to work with international arbitrators in the region in a major dispute between a mainland Chinese company and Japanese companies arising out of an OEM manufacturing agreement. The core allegation is breach of confidence in technology relating to the making of machinery. The arbitration is under    UNCITRAL rules. A large amount of technical information is involved.
  • Appointed as lead Counsel to attend court to obtain ancillary relief in aid of arbitration    in a case involving a dispute between the franchisor and licensee to a popular show.
  • Appointed as lead Counsel to represent a manufacturer of hi-tech apparatus in multiple number of disputes with its competitor in China. Acted as co-lead counsel with US patent counsel in two arbitrations under UNCITRAL rules for clients in the same group of companies. The core allegations related to infringement of multiple patents and use of confidential information by former technical employees. Emergency arbitration procedure was involved in one set of the proceedings.
  • Appointed as presiding arbitrator in 2 CIETAC arbitrations to be conducted in English and Chinese respectively.
  • Appointed as lead Counsel to work with American Lawyers on two arbitrations under HKIAC and ICC rules respectively across two jurisdictions in a dispute involving a technology supply joint venture.
  • Appointed as Counsel in a HKIAC arbitration involving dispute over the use of telecommunication technology.

Appointments in International Legal Organizations

  • Chairman, International League of Competition Law (LIDC), Hong Kong Chapter
  • Vice-Chairman, Women Business Lawyers Committee, IPBA
  • Member, China Working Group, Asia Pacific Forum, IBA
  • Member, Policy Sub-Committee, Bar Issues Commission, IBA
  • Member, Committee on Emerging IP Rights, Asian Patent Attorneys Association
  • Co-Chairman, Forum for Barristers and Advocates, IBA (2017-2018)
  • Member of the Board of Advisors, Shenzhen Lanhai Research Institute on Legal Services in the Greater Bay Area

ADR Panels

  • Shenzhen International Arbitration Centre, Panel Arbitrator
  • HKIAC IP Panel Arbitrator
  • Nomination Committee for the Council of the HKIAC
  • Hong Kong Mediation Council Panel Mediator under the Mainland and Hong Kong CEPA Investment Agreement
  • Panel Arbitrator under the Mainland and Hong Kong CEPA Investment Agreement
  • World Intellectual Property Organization, Panel Mediator
  • JAMS/SCMC, Panel Mediator

 

  • Chairman, Communications Authority
  • Member, Law Reform Commission
  • Member, Chief Executive’s Council of Advisers on Innovation and Strategic Development
  • Member, Board of Directors of the West Kowloon Cultural District Authority, HKSAR
  • Member, Board of Governors, Hong Kong Philharmonic Society Ltd
  • Member, Consultative Committee of the Qianhai Special Free Trade Zone (PRC)
  • Member, Hong Kong Tourism Board (2014-2019)
  • Member, Judicial Officers Recommendation Commission, HKSAR (2016 - 2018)
  • Member, ICAC Advisory Committee on Corruption (2013-2018)
  • ABG Juicy Couture LLC v Bella International Ltd – HCA 1764 of 2008
  • Acron International Technology Ltd v Chan Yiu Wai and Law Sui Chun – FAMV 13/2018
  • Alviero Martini SPA v Bubble Retail Management Ltd – HCA 1937/2008
  • Apple Daily Ltd v Oriental Press Group Ltd – HCA 1396/2009
  • Bruce James Stinson V Gu Ming Gao – HCA 2352/2012
  • California Red Ltd v Gold Typhoon Entertainment Ltd – HCA 2684/2008
  • China Construction Realty Ltd v Lucky Dragon Ltd – HCA 1237/2012
  • Chor Ki Kwong David v Lorea Solabarrieta Cheung – HCA 1870/2012
  • Christie Manson & Woods Ltd v Chritrs (Group) Ltd – HCA 1418/2011
  • Gmedia Technology (Beijing) Co Ltd v Tencent Holdings Ltd – HCA 495/2017
  • Guccio Gucci SpA v Cosimo Ludolf Gucci – HCA 1582/2008
  • Horner Resources (International) Co Ltd v Savvy Resources Ltd – HCA 335/2010
  • Hugo Boss Trade Mark Management GmbH & Co KG v Britain Boss International Co Ltd - CACV 114/2015
  • L’Oreal (UK) Ltd, Yves Saint Laurent (YSL) v YLS Brands HK Ltd – HCA 2814/2017
  • Louis Vuitton Malletier SA v Marco Leather Goods Ltd – HCA 1511/2009
  • Louis Vuitton Malletier v Cuvee XLV French Wine Ltd – [2019] HKCFI 1963
  • M.G.X. Asia Ltd v China Way Global Co Ltd – HCA 2001/2013
  • Menfond Electronic Art & Computer Design Co Ltd v Wong Wang Tat Victor – HCA 293/2011
  • Midland Business Management Ltd v Lo Man Kui – HCA 1599/2010
  • Nerium Biotechnology Inc v Nerium International, LLC – HCA 1188/2016
  • OPG Human Resources Ltd v Apple Daily Ltd – HCA 481/2009
  • Oriental Food Industries Sdn Bhd v Sze Hing Loong Development Ltd – HCA 2094/2011
  • Pan Chung Pat Wo Tong (HK) Ltd v Law Yan Wai t/a Singapore Medicine Co –CACV 239/2013
  • In the matter of an application by Ping An Securities Ltd – HCMP 2788/2004
  • Print (HK) Ltd v South China Media Ltd – HCA 2312/2009
  • Sky King Machinery Engineering Ltd v Chun Wo Construction & Engineering Co Ltd – HCA 1918/2013
  • SNE Engineering Co Ltd v Hsin Chong Construction Co Ltd – HCA 1466/2012 (26.3.2014)
  • Star TV Filmed Entertainment (HK) Ltd v Golden Princess Amusement Co Ltd – CACV 61/2007
  • Stichting BDO v Banco De Oro Unibank Inc – HCA 1162/2009
  • Talpa Global BV v Star China Media Ltd and Meng Xiang Quang Yin Cultural and Broadcast (Shanghai) Co Ltd – HCMP 121/2016
  • Tsit Wing (Hong Kong) Co Ltd v TWG Tea Company Pte Ltd – HCA 2210/2011, CACV 191/2013, FACV 15/2015, FAMV 6/2015
  • UMG Recording Inc v Profit Chart Development Ltd – HCA 472/2010
  • Vita Green Health Products Co Ltd v Vitasoy International Holdings Ltd – HCMP 593/2014
  • Wind River Systems Inc v Digital China Holdings Ltd – HCA 1550/2012
  • Xcelom Ltd v. BGI-Hong Kong Co Ltd – HCA 3089/2015

HKTDC – Belt and Road Summit - 11.9.2019

     Towards a Greater Success of Belt and Road Projects for Sustainable

     Investment – Hong Kong Can Lead (香港:引領一帶一路項目持續投資及成功發展)”

湾区法律服务一体化 – 第二届广东企业法律服深圳蛇口务论坛 - 23.8.2019

   跨境知识产权争议调解

Inaugural "Mediate First" Pledge event in Shanghai - 20.8.2019

商事纠纷 调解为先 –  沪港交流研讨会 (跨境知识产权争议调解)

POLA Annual Conference 2019 (Kunming China) - 2.8.2019

     Alternative Dispute Resolution for Multi-National Businesses in

     the Greater Bay Area of China

IP Mediation Conference 2019 at Spain - 30 & 31.5.2019

     China Intellectual Property Commercial Mediation Practice and Thoughts

Legal Tech Forum : New Technology & Changing Legal Ecosystems – 20.5.2019

     The Good, The Bad & The Ugly

     Is our IP Law Ready for the Wave of New Technology?

IPBA Conference Singapore - 29.4.2019

     Arbitrating IP Disputes – Is it the final frontier or the beginning of the journey?

International Resolution Dispute Conference 2019 - 17.4.2019                                                                       

     Exploring Aspects of Development of Alternative Dispute Resolution relevant to Businesses in the Greater Bay Area

Business of IP Asia Forum - 7.12.2018                                                                       

       Speaker - Interplay Between Different Modes of International Dispute Resolution and the Enforceability of IP Arbitral Awards in the Mainland

Business of IP Asia Forum - 6.12.2018                                                                       

   Panel Chair - Dialogue with IP Policymakers: The Roadmap for Global IP Ecosystem

ICAC Chief Investigators’ Command Course - 26.11.2018

     “The Importance of the Rule of Law”

第十届陆家嘴法治论坛 - 14.11.2018

     国际仲裁调解程序交替使用 - 若干问题与前瞻

东莞市律师协会 - 10.11.2018

     各类知识产权香港司法案例分析

IPBA Bangkok 2018 - 6.11.2018

     How can arbitrators from emerging arbitration jurisdictions in Asia gain a voice in international arbitration

31st LawAsia Conference 2018 - 3.11.2018

     Moral and Ethical Issues in Third Party Funding of Arbitration

Hong Kong Academy of Politics and Public Policy - 20.10.2018

     An introduction to the Legal System of the Hong Kong SAR

IBA 2018 Rome - 9.10.2018                                                                       

     Chair a Session “Comparisons between courts and arbitral tribunals, the view of advocates, do retired judges or seasoned advocates make good arbitrators and does arbitration need litigation on top”

Speaker with the Judge's Forum

CIETAC Global Arbitrators Forum at Beijing - 17-18.9.2018

Conflicts of Interest and Ethics in Arbitration

CIETAC Hong Kong's Day of Arbitration Field Practice – China Arbitration Week at Beijing - 16.9.2018

Conflict of Interest in International Arbitration – Bar Perspective

Association of Corporate Counsel - 13.9.2018

     War Stories in the IP Court

HKIAC-WIA Talk at Beijing - 8.6.2018

     “中国女性与仲裁: 如何做得更好?”

Department of Justice – Mediation Week 2018 - 15.5.2018

     “Mediation in the Entertainment Industry”

DVC Oxford – HKU Visiting Fellowship Series - Mayerbrown JSM – 24.3.2018   

  Evolving IP Issues in Brand Protection in the Digital Marketing ERA

Department of Justice and Deacons – 22.3.2018

Arbitration – An Effective Tool for SMEs to Resolve IP Disputes

北京「國家所需 香港所長-共拓一帶一路策略機遇」論壇 – 3.2.2018

     “一带一路战略中的香港在协助国家在创新科技发展中走出去、

  与促进沿线国家文化艺术和旅游产业方面的融合发展的角色”

Hong Kong Institute of Arbitrators Seminar on Evaluative Mediation – 30.1.2018

     “Issues relating to Evaluation Mediation in Hong Kong”