Charles Manzoni QC

Year of call:
1988
Silk:
2009
Email:
charlie.manzoni@39essex.com

Clerks:
+44 (0)20 7832 1111

“A highly skilled and effective advocate”
Legal 500 Asia Pacific 2016

As a qualified Mechanical and Electrical Engineer, Charles worked in the international development department of a multi-national blue chip industrial company for five years before qualifying as a lawyer and entering private practice. Charles Manzoni QC’s work involves mainly international litigation, arbitration and mediation across a broad spectrum of commercial work. He acts as counsel in the High Courts of London and Hong Kong, in international and domestic arbitrations, acts as a mediator and conciliator in cross border disputes and regularly sits as a sole arbitrator or as part of a three man tribunal. He has an expanding Sports law practice, and sits as an arbitrator with the Court of Arbitration for Sport.

He was appointed QC in London in 2009 and SC in Hong Kong in 2012.

Alternative Dispute Resolution


Over 30 Arbitration Appointments in the last few years including in India, Hong Kong, China, Macau, Dubai, Qatar, Singapore, Africa and Russia. For example:
ICC Case in India (US$3 million over failed commodity trade in Aluminium – Full hearing and award. Appointed as Sole Arbitrator)
ICC Case (Hotel project in Djibouti Africa. US$5 million claim. Appointed as Sole Arbitrator)
DIAC Case, Dubai (Appointed as Chairman of three men tribunal. AED 55 million claim based on wrongful termination of construction project in Dubai)
ICC Case, Singapore (Failed public tender process in which one party claims 50% profit of a project as a result of an allegedly inadequate public tender process. Appointed as Sole Arbitrator)
Ad Hoc (US$24 Million claim for wrongful termination of a commodity supply contract in the Energy Industry. Appointed as member of 3 man tribunal)
Ad Hoc (Panel Member in a 3 man tribunal on a mobile telecoms dispute in Russia. US$5 million)
LCIA (LCIA Panel Member on pan Trans-Siberian/European Gas pipeline dispute, US$200 million)

Professional Negligence


Desmond Leung v Charles Yeung (Hong Kong Court of Final Appeal case concerning the existence and scope of the duties of care owed by a solicitor)

Kensland Realty v Tai Tang & Chong (Hong Kong Court of Final Appeal case concerning solicitors negligence)
CSA v Ernst & Young (US$200 million auditors negligence in respect of the collapse of a Cayman Island hedge fund)
LCTC v PwC (Auditor’s failure to discover fraudulent trading)
CWT Textiles v BDO International (Auditors’ failure to discover fraudulent letter of credit trading)
Akai v Ernst & Young (Auditors Negligence claim arising out of the collapse of Akai. Taken to trial in 2009)

Construction


ITV Digital v Two Way TV (Compatibility of existing technical infrastructure with the provision of digital television in the UK)
Landmark TV v Ntl (Provision of content for digital TV)
Sahib Foods v PKS (Inadequate design of a factory causing £17 million losses)
Linfield Ltd v Greg Wong Associates (Inadequate structural works causing $100 million losses)
Channel V v Broadcast Network Thailand (Dispute over the anti competition provisions – governed by European Law – in a shareholders Agreement governed by English law, relating to television content in Thailand)
Office of Telecommunications Authority v Hutchison Telecom (Various cases about regulatory issues concerning the telecommunication industry)
RTS v Muller (Technology & Construction Court case concerning robotic installation at a food processing factory. Been to the Court of Appeal on preliminary issues. Value: GBP5 million. Acting for Claimant, successful on Appeal and in Supreme Court)
Waterfront Park (Acting for Hong Kong Government in dispute over costs involved in the construction of the largest public amenity park in Hong Kong. Successful Arbitration Appeal)
Bilfinger Berger AG v HKSAR (Acting for BBAG against Hong Kong Government in arbitration seeking recovery of additional cost caused by unexpected ground conditions. Went to full hearing in 2008. Successful claim by BBAG)
Kin Shing (Leung’s) General Contractors v Chinese University of Hong Kong (Acting as arbitrator in final account and loss and expense claim by Kin Shing (Leung’s) against Chinese University of Hong Kong. Value: GBP 3 million)
Upton McGougan Ltd v Sir Robert McAlpine Ltd (Adjudicator on professional negligence claim against the structural engineer on a development in Essex. Claim GBP 5 million for defective pile design)

Sport


2 Parties, Arbitrator over a US$40 million dispute concerning the supply of official sponsored branded goods for the FIFA World Cup.
2 Parties, Arbitrator in a Sponsorship dispute concerning Formula 1 racing cars, between sponsors and organisers.
2 Parties, Arbitrator in a sponsorship dispute between an individual driver and a sponsor in formula1.
2 Parties, Advocate for a Professional golf tour in a dispute over tournaments and prizes with an alternative professional tour.
2 Parties, Advocate for a Gold club over the design and provision of a golf course.
2 Parties, Advocate for an insurer arising out of a sportsman’s death occurring during a sporting world record attempt.

Insurance


China Engineering v Ming An Insurance (Arbitration concerning coverage in respect of a collapsed sea defence system)
Nippon Light Metal v Tokyo Marine & Fire (Coverage dispute concerning defective glass at the Hong Kong Chek Lap Kok Airport)
International Reinsurance Services Ltd v Taian (Re-insurance dispute concerning the liability of a London reinsurer in respect of retrocession business emanating from Taiwan)
Neil Pryde v Federal Insurance Co. (Arbitrator on Policy Dispute concerning Employees compensation policy)
Financial Concepts Ltd v Sun Life (Abitrator on four separate arbitrations concerning the selling of Insurance products)
In Re Emirates Pilots Group Policy (Advising on liability in a policy dispute under the Emirates Pilots Group Policy)
AIU v David Shaw (Advising on liability in respect of a policy dispute in a claim for accidental death)
New World Developments v ACE Insurance (Coverage Dispute concerning Business Interruption arising from SARS)

Banking & Financial Services


In Re Fuji Foods (Cross Boarder restructuring involving a Scheme of Arrangement in Hong Kong, and equivalent proceedings in England and the Cayman Islands)
Legend International Ltd (Cross border insolvency involving Malaysia, Hong Kong, the Philippines and the UK)
Akai v Grande (Recovery claim for approx US$ 1 billion arising out of a hostile take over bid said to have been fraudulently conducted)
CSA v Bank of Bermuda (Recovery following the US$200 million collapse of a Cayman Island hedge fund)
Oasis Airlines (Acting for the Company leading up to its liquidation in June 2008)
Creditor Co v Finamur and Natexis (US$4.6 Billion Debt Restructuring Agreement between PRC Provincial Government and 42 Banks. Dispute over US$25 million of distributions)
ATV V Panfair Shareholder (Dispute over ownership, and dilution of shareholdings in Hong Kong’s major free to air TV Station)
Numerous (Mis Selling Claims concerning various structured products. Acting for both Banks and private individuals)
Hontex (Acting for the Company against the Securities Commission in relation to the IPO said to have been based on Fraudulent Accounts)
Pacific Wire and Cable v PCHL & others, Fraud & breach of fiduciary claim to recovery HK$2 billion assets alleged stripped from Taiwanese Company. Acting for the asset owners.

Energy


AMEC v Stork (Construction of an FPSO, designed by Dutch Engineers, built in Scotland, litigated in London)
KBC v Pertamina (Swiss arbitration over oil concession frustration by the IMF and Indonesian Government during the Asian Financial Crisis)
Hong Kong & China Gas Company Ltd (Environmental issues arising from the laying of an LPG pipe line under the South China Sea)
Rolls Royce v Alsthom (A dispute concerning the safety of a nuclear fuel reprocessing plant in central England)
Saltend v Raytheon & Mitsubishi (Arbitrator in disputes between the owner, contractor and equipment manufacturer, relating to the performance of combined cycle gas turbines in a 1200 Mega Watt power station)
Ho Ping Power Station (US$40 million loss caused by the failure of a steam turbine blade, supplied by European Company to the Power station in Taiwan)
Taisei Corp v Torishima Pump Mgf Co Ltd (Dispute about the provision of water pumping facilities in Abu Dhabi. Arbitrated in London)

Recommendations


“Recommended for international arbitration.” Legal 500 2016
“A highly skilled and effective advocate” Legal 500 Asia Pacific 2016
“Particularly strong experience in Middle Eastern disputes” . Legal 500 2015
“A top-drawer silk. Enormously bright, with a great courtroom persona, but grounded and commercially pragmatic at the same time.” Chambers Global 2015
“A sensible, commercially minded and popular advocate.” Chambers & Partners 2015
“An intelligent barrister, with a modern approach.” Legal 500 2014
“A talented and client-friendly barrister.” Chambers & Partners 2014
“a flexible and cool commercial counsel who always focuses on the bigger picture without getting tied up on the minutiae. He has particular expertise in engineering and technology-related disputes” Chambers and Partners Asia 2012 “Eminent, fluent and combatiive” Chambers & Partners Global 2010
“user-friendly and down to earth.” Chambers & Partners 2010
“deep experience and forthright approach” Chambers & Partners Asia 2009
“His specialised knowledge provides his cases with an advanced technical understanding not given to many” Chambers & Partners 2009
“frequently acts as counsel in the High Courts of Hong Kong, and handles arbitrations and mediations there too.”
Chambers & Partners 2008
“Highly recommended. Exceptionally difficult to catch out” The World’s Leading Lawyers 2006
“An excellent all rounder with an internationally focused practice” Chambers & Partners 2005
Recommended leading junior – Received extensive praise” Asian Legal 500 2005/6
“Highly recommended” Legal Experts 2004

Related Cases


Oil, Gas and Utilities

Amec Process & Energy Ltd v Stork Engineers & Contractors BV (QBD (TCC)) 6 May 1999 [2000] BLR 70; 68 Con LR 17

Construction of an FPSO, designed by Dutch Engineers, built in Scotland, litigated in London.

Technology/Construction

QPS Consultants Ltd v Kruger Tissue (Manufacturing) Ltd (CA) 10 September 1999 [1999] BLR 366

Defects in paper factory causing losses.

International

Dex Asia Ltd v DBS Bank (Hong Kong) Ltd [2009] 5 HKLRD 160

Nicholas Timothy Hill v Alvarez & Marshal Asia Limited [2009] 4 HKLRD 727; [2009] 3 HKC 41

Intelligent House Ltd v Chan Tung Shing & Others [2008] 4 HKC 421

GDH Ltd v Creditor Co Ltd [2008] 5 HKLRD 895

Kensland Realty Ltd v Tai Tang Chong 11 HKCFAR 237; {2008} 3 HKC 90

Cycle Links Co Ltd v Chevalier Construction [2007] 4 HKLRD 705

Rajesh Kishor Mehta v Vijay Kirtilal Mehta & Others [2007] 2 HKLRD 520

Andreson Ashphalt Limited v The Lands Department [2006] 4 HKLRD 14

Re Legend International Resorts Limited [2006] 2 HKLRD 192

Robin Hargreaves v Tain Insurance Co Ltd [2006] 3 HKLRD 70

Linfield Ltd v Taoho Design Architects Ltd & Others [2006] 2 HKC 604

Trustees of the Property of Hau Po Man Stanley v Hau Po Fun Ivy [2005] 2 HKC 227

Desmond Yiu Chown Leung v Chow Wai Lam William [2005] 4 HKLRD 246; [2005] 8 HKCAFR 592

In Re APP (Hong Kong) Limited [2005] 1 HKLRD 272

Karaha Bodas CO LLC v Peusahaan Pertambangan Minyak Dan Gas Bumi Negara (No 3) [2005] 1 HKLRD 21; [2004] 3 HKC 608

Chua Ming Yuen v Hentron Investments Ltd [2005] 1 HKLRD 611

Karaha Bodas Co LLC v Peusahaan Pertambangan Minyak Dan Gas Bumi Negara (No 4) [2005] 1 HKC 182

Re Legend International Resorts Ltd [2005] 3 HKLRD 16

Karaha Bodas Co LLC v Peusahaan Pertambangan Minyak Dan Gas Bumi Negara (No 2) [2003] 4 HKC 488

Karaha Bodas Co LLC v Peusahaan Pertambangan Minyak Dan Gas Bumi Negara (No 1) [2003] 2 HKLRD 381; [2003] 2 HKC 200

Commercial

RTS Flexible Systems Ltd V Molkerei Alois Muller Gmbh & Co Kg (Uk Production) 10 March 2010 [2010] UKSC 14

RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG (UK Productions) (QBD) 16 May 2008 [2008] EWHC 1087 (TCC)

On the evidence, parties to an agreement for the supply of an automated packaging system had contracted on the basis of a letter of intent.

Material Damage

Sahib Foods v PKS 3 March 2003 93 Con LR 1, [2004] PNLLR 22, (2003) CILL 2074

Inadequate design of a factory causing £17 million losses.

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