Wyn Hughes joined Heller Ehrman in 2004 and is a member of the Asia Dispute Resolution Practice. Mr. Hughes has a dispute resolution (litigation and international commercial arbitration), project development and environmental practice.

Experience

Mr. Hughes has over 30 years experience of legal practice. Before joining Heller Ehrman, Mr. Hughes was a Consultant with Denton Wilde Sapte’s Hong Kong office, dealing with environmental, construction and international arbitration disputes throughout Asia and China. Prior to that, Mr. Hughes was acting head of a unit in the Hong Kong Government’s Attorney General’s Chambers, which was responsible for the Government’s litigation and arbitration arising out of construction and infrastructure projects. He has represented clients as counsel in litigation before the Courts in Hong Kong and England and Wales and at arbitration hearings in Hong Kong, Japan, Singapore, Thailand and the UAE. He has also advised clients concerning construction and infrastructure projects and commercial disputes in the Middle East, South America and Europe. Mr. Hughes also drafts and advises on construction project documentation.

Mr. Hughes is recognised as a leading individual in the environmental field by the 2004, 2006 and 2007 editions of “The International Who’s Who of Environmental Lawyers” and the 2005 and 2007 editions of the “Guide to the World’s Leading Environmental Lawyers”. Mr. Hughes is a frequent speaker at seminars and author of construction articles in Hong Kong Engineer, the monthly journal of the Hong Kong Institution of Engineers. He is a regular contributor of articles to Heller Ehrman’s Asia Practice Bulletin on construction, environmental and dispute resolution.

Mr. Hughes sits as Chairman of the Building Appeal Tribunal and has experience of presiding over complex appeal hearings and preparing Tribunal decisions. He is also a Fellow of the Chartered Institute of Arbitrators and a member of the Lighthouse Club, Hong Kong branch.

Representative Engagements

• Acted for the Indonesian subsidiary of a NASDAQ listed company in international commercial arbitration proceedings against an oil company agency, arising out of an offshore oil and gas construction project in Eastern Indonesia. A five week arbitration hearing was conducted before a three-member arbitral tribunal in Singapore during 2005 under SIAC rules. The dispute involved claims of over US$100 million under an Engineering, Procurement and Construction (EPC) Contract, relating to change orders, penalty charges and prolongation costs.
• Acted for a large French civil engineering group in connection with construction and defects liability issues arising from the construction of rail projects in Hong Kong.
• Acted for a leading US hotel operating chain involved in connection with construction issues arising from the reconstruction of an internationally recognized hotel in the West End of London, UK. The assignment involves advising on leases and development agreements, construction contracts and consultancy agreements and related dispute resolution issues.
• Represented Kowloon-Canton Railway Corporation in connection with an appeal against the refusal by the Hong Kong environmental regulator to grant an environmental permit for construction of a new rail link between Hong Kong and China. The appeal was the first to be heard by the Hong Kong Environmental Impact Assessment Appeal Board and experts from the US, Europe, Australasia and Hong Kong gave evidence at a two month hearing before the Board.
• Represented the Penta Ocean-Paul Y-Bachy Soletanche joint venture in connection with a bid challenge under the WTO Agreement on Government Procurement against the Hong Kong Government arising out of the award of a US$500 million contract for the reclamation of the Hong Kong harbor. An expedited hearing was held before a WTO Review Body Panel conducted by videoconference due to the SARS outbreak in Hong Kong.
• Represented a Japanese corporation designing and supplying turbines, generators and transformers in connection with an ICC arbitration in Thailand arising out of disputes with the developer of a 1400MW coal-fired IPP power plant project in south-east Thailand. This engagement included a period working from the client’s head office in Tokyo.
• Represented the Hong Kong Government in arbitration and litigation arising out of tunneling, highway, hospital and other construction and infrastructure projects. See Mitsui Construction v Attorney General of Hong Kong (1986) 33 BLR 1; Attorney General of Hong Kong . Technic Construction (1986) HKLR 541; Ko Construction v Attorney General of Hong Kong (1988) 44 BLR 144.
• Represented the Welsh Development Agency in connection with litigation in the English Court of Appeal and trial court against structural engineers, arising out of defects in foundations of factory buildings. See Welsh Development Agency v Redpath Dorman Long (1994) 67 BLR 1.
• Represented a manufacturer of computer motherboards in litigation in the English High Court against the circuit board designer, arising out of malfunctions in the microcomputer end products in which the boards were installed.
• Preparing and negotiating contracts and dealing with environmental issues concerning construction and infrastructure projects, including Westin Hotel and Golf Complex, Macau; Tsing Yi Chemical Waste Treatment Facility, Hong Kong; contaminated land remediation projects and wind farm projects in UK; building and civil engineering projects in SE Asia.

Publications

• "Partnering Review and the NEC Form of Contract"  Hong Kong Engineer  02.04.2005
• "Did Central Reclamation Phase 3 breach WTO rules?"  Hong Kong Engineer  08.16.2004

Speaking Engagements

• "Contract Management and Claim Assessment", Civil Engineering and Development Department In-House Seminar, Hong Kong, March 2005.
• Speaking delegate at British Government mission to the public and private water industry sectors in Guangzhou, China, 23-25 September 2003. 
• Speaker at seminars in Hong Kong and UK in connection with arbitration, environmental and construction issues.