Friven Yeoh

Partner

Friven Yeoh is a partner in O’Melveny’s Hong Kong office, a Registered Foreign Lawyer in O’Melveny’s Singapore office and a member of the Business Trial and Litigation Practice within the Litigation Department. He joined O’Melveny from a major international law firm, where he had been based in London and more recently, Hong Kong.

Friven’s practice involves both adversarial and transactional work. In his adversarial practice, Friven has experience in the resolution of Chinese-foreign business disputes and has represented clients in international arbitrations conducted under various institutional and ad hoc arbitration rules including those of the ICC, HKIAC, CIETAC, SIAC, SCC and UNCITRAL. He has also represented clients in a variety of commercial litigation and regulatory investigations involving product risk and liability, energy, corporate affairs and financial services matters.

Illustrative Professional Experience

Friven's adversarial experience includes:

• Advising a multinational consulting firm in an ICC arbitration seated in Zurich involving a multi-million claim against a leading European conglomerate in connection with the design and construction of a high-speed rail link in China.
• Advising on a London-seated ICC arbitration for an Indonesian multimedia listed company in connection with a shareholders’ dispute.
• Advising on an ICC arbitration in Hong Kong for the shareholders of a telecommunications conglomerate in a US$50m dispute arising from the sale and purchase of shares to a major European company.
• Defending a PRC listed company in a US$100m Hong Kong arbitration conducted under the HKIAC Rules arising from a joint-venture dispute in connection with the set-up and management of a luxury department store in Beijing.
• Advising a multinational energy company in a US$500m claim in a Stockholm arbitration conducted under SCC rules, arising from the breach of a petroleum exploration and production contract.
• Advising a multinational computer manufacturer in the defence of a US$70m claim in Hong Kong under the UNCITRAL arbitration rules arising from a software manufacturing and services agreement.
• Advising a major information technology company in a CIETAC claim against a joint venture partner of several service centers in China.
• Defending a U.S. leisure goods conglomerate in an SIAC arbitration against allegations of breach of a worldwide exclusive distribution agreement.
• Pursuing a US$80m claim on behalf of a major European energy company against a significant Chinese state owned company in an ad hoc arbitration in Singapore in respect of breaches under a share transfer arrangement.
• Advising a Japanese consumer product company in a multi-million dollar Hong Kong arbitration in respect of misrepresentation and breach of warranty arising from a stock purchase agreement.
• Advising several major European and Japanese financial institutions in relation to investigations carried out by the UK Financial Services Authority and the Hong Kong Securities and Futures Commission.
• Advising a major European multinational company in relation to its crisis management strategy arising from the arrest and criminal prosecution by Chinese authorities of several senior executives of its PRC operations for alleged tax evasion and theft of trade secrets.
• Advising a major consumer products manufacturer in defending product liability claims in several EU states and in Asia, and formulating a global defence strategy. 
   

In his transactional practice, Friven is involved in advising clients on China-related mergers and acquisitions, direct investments, regulatory compliance, antitrust, and corporate governance issues including:

• Advising a major European retailer in setting up retail operations in the greater China region.
• Advising a U.S. energy company in the negotiations of nuclear fuel supply and technology transfer arrangements.
• Advising a U.S. multinational on an aluminum fabrication joint venture.
• Advising a U.S. printing and media company in the acquisition of printing operations in Hong Kong and the PRC.
• Assisted a European multinational company in the review of its global compliance strategy.

Professional Activities

Admitted, Hong Kong; England and Wales; Victoria, Australia
Member, Chartered Institute of Arbitrators, LCIA Young International Arbitration Group, China Arbitration Forum, Hong Kong Law Society, Law Society of England and Wales, Law Institute of Victoria
Recognition, named as a ‘Key Individual’ in Chambers Global 2009/2010/2011, and Chambers Asia 2009/2010/2011 for 'Asia-Pacific: International Arbitration' and 'Hong Kong: Dispute Resolution: International Arbitration'; recommended in Asia Pacific Legal 500 2008/2009/2010/2011 for 'Dispute Resolution: Hong Kong'
Author, “Enforcement of Dispute Outcomes in China” in Duelling with Dragons: Managing Business Disputes in Today’s China (Kluwer Law, 2007); “Chapter 12 - Recognition and Enforcements of Awards”, The Hong Kong Arbitration Ordinance Commentary and Annotations (Sweet & Maxwell, 2011)
Co-Author, “Choosing an Arbitral Institution in Cross-border Commercial Arbitration,” PLC Cross-border Dispute Resolution Handbook 2006/07; “Hong Kong and Mainland China Proposal on Reciprocal Enforcement of Judgments: An Alternative Means of Resolving Sino-foreign Business Disputes?” Mealey’s International Arbitration Report, Vol. 21, No. 6 (June 2006); “New Supreme People’s Court Interpretation on Mainland China’s Arbitration Law,” Mealey’s International Arbitration Report, Vol. 21, No. 9 (September 2006); “China: Development and Trends,” Asia-Pacific Arbitration Review 2007; "The People's Courts and Arbitration - A Snapshot of Recent Judicial Attitudes on Arbitrability and Enforcement," Journal of International Arbitration, Vol. 24, No. 6 (December 2007); “Recognition and Enforcement of Awards under the New York Convention - The China and Hong Kong Perspectives,” Journal of International Arbitration, Vol. 25, No. 6 (December 2008); Country chapter (China) for PLC Dispute Resolution Handbook 2010/2011
Speaker, Dispute Avoidance and Resolution Conference, Beijing, 29 August 2006; Managing Business Disputes in China Today, Tokyo, 14 November 2006, Shanghai, 15 March 2007 and Silicon Valley, 28 March 2007; Juris Conference on Doing Business in China, Stockholm, 18 April 2008 and New York, 11 May 2009; “What’s Next for China” Conference, Singapore, 12 November 2008; ICC Conference on Arbitrating and Mediating Banking & Finance Disputes, Hong Kong, 29 June 2010; Conference on “Resolving Business Disputes in Today’s China: A Case Study”, Stockholm, 8 November 2010; Conference on “Doing Business and Arbitrating Disputes in South East Asia”, Tokyo, 8 December 2010  
Appointment, Assistant Editor, Journal of International Arbitration
Languages, English, Cantonese, Mandarin Chinese