Vishal Melwani

Key Experience

Commercial Litigation
Representing the liquidators of 3D-Gold Jewellery Holdings Limited in audit negligence proceedings against a Big Four accounting firm. 3D Gold was a listed Hong Kong jewellery retailer and wholesaler that collapsed in 2008 with claims of over HK$2.466 billion following the death of its Executive Chairman and the subsequent discovery that 810kg of gold bullion was missing. It had created substantial false sales and assets to cover up what was in reality a loss-making enterprise. The matter settled on favourable terms;

Representing the liquidators of China Forestry Holdings Co Ltd in audit negligence proceedings against a Big Four accounting firm and in ongoing proceedings against the former CEO in respect of breaches of his fiduciary duty to the Company. The company raised approximately US$600 million in debt and equity in 2009 and 2010, and collapsed with no material realisable assets in 2015;

Representing Moody’s to overturn an interlocutory injunction granted by the High Court of Singapore in relation to the issuance of credit ratings;

Representing a client in a Court of Final Appeal case as to whether a mediation agreement had been incorrectly drafted and in subsequent negligence proceedings against the client’s former solicitors;

Representing a trustee appointed by the United States Bankruptcy Court to obtain court approval of the assignment of a cause of action against a Hong Kong company (Geoffrey L Berman (in his capacity as trustee of the Lender Trust) v SPF CDO I, Ltd and others (HCMP 1321 of 2010)); and

Representing a British university in a dispute as to whether a contract with a Hong Kong company to act as an intermediary with local and Mainland universities was prematurely terminated in breach of contract.

Arbitration
Representing a European manufacturer of solar panels in a US$60 million claim brought by a Korean company in an ICC arbitration in Hong Kong where the underlying contract was governed by Korean law;

Representing clients pursuing the recovery of US$70 million in connection with a multi-jurisdictional fraud involving India, Mauritius, the UAE and UK including handling a related arbitration seated in Singapore under SIAC rules; and

Representing a European purchaser making a counterclaim for damages due to quality defects which it was seeking to set off against the purchase price in an arbitration seated in Beijing under CIETAC rules.

Public and administrative law
Acting for the regulator in the following actions:

Defending the Law Society in a judicial review brought by a complainant aggrieved at a decision of the Law Society not to provide reasons for its decision not to refer a complaint to the Solicitors Disciplinary Tribunal (HCAL 113/2021) 

An ongoing application for leave to appeal a penalty imposed by the Solicitors Disciplinary Tribunal (CAMP 427/2021)

The judicial review (HCAL 176/2013) brought by Television Broadcasts Limited (“TVB”) in relation to the competition decision made that TVB had engaged in anti-competitive conduct in violation of Sections 13 and 14 of the Broadcasting Ordinance;

The judicial review (HCAL 39/2014) brought by Hong Kong Mobile Television Network Limited (“HKMTV”) and Hong Kong Television Network Limited against OFCA’s decision that HKMTV could not adopt the Digital Terrestrial Multimedia Broadcast transmission standard for its proposed mobile television service;

Litigation related to the control and management of Asia Television Limited before the CFI (HCAL 77/2012), Court of Appeal (CACV 258/2012) and the application for leave before the CFA (FAMV 23/2013);

TVB’s challenge to the recommendations made by the CA on the three applications for domestic free television programme service licences (HCAL 3/2013);

The judicial review and Telecommunications (Competition Provisions) Appeal Board proceedings brought against the former TA (“TA”) by PCCW Limited (“PCCW”) in respect of the consultation and decision on the interconnection charging regime for fixed line and mobile operators in Hong Kong (HCAL 112/2006, CACV 60/2007, Appeal Case No. 25 and CACV 109/2011);

The judicial review and Telecommunications (Competition Provisions) Appeal Board proceedings brought against the former Telecommunications Authority by PCCW in relation to the TA’s direction that PCCW interconnect with Wharf T&T Ltd to enable subscribers to access a VoIP (Voice over Internet Protocol) telephony service offered by Zone Ltd (HCAL 6/2007 and Appeal Case No. 24); and

Appeal cases 27 and 28 relating to the TA’s investigation of allegations of anti­competitive tariff increases by PCCW.

Career History

• Partner, Karas So LLP, 2021
• Principal, Lipman Karas, 2016
• Partner, Eversheds 2014
• Consultant, Eversheds, 2013
• Senior Associate, Eversheds, 2011
• Associate, Slaughter and May, 2006
• Trainee, Slaughter and May, 2004
• Assistant Manager, RSM Nelson Wheeler Corporate Advisory Services, 2001
• Senior Associate, PwC Toronto, 1999
• Associate, PwC Toronto, 1997
• Graduate Diploma in English and Hong Kong Law (Distinction), Manchester Metropolitan University, 2003
• Certified Public Accountant, Hong Kong, 2002
• Certified Public Accountant, Canada, 2001
• BA in Philosophy, Politics and Economics (Honours), The Queen’s College, University of Oxford, 1997

Admissions

• Hong Kong, Solicitor Advocate, 2015
• On English Roll of Solicitors, 2007
• High Court of Hong Kong, 2006

Industry and Community

• President, The India Association of Hong Kong (April 2020 – March 2022 & April 2023 – March 2024)
• Board Member, Equal Opportunities Commission (EOC)
• Member, Board of Review (Inland Revenue Ordinance)
• Member, The Committee on the Promotion of Racial Harmony
• Executive Committee Member, The India Association of Hong Kong
• Management Committee Member, Forum of Indian Professionals Hong Kong
• Member, Personalized Vehicle Registration Marks Vetting Committee
• Board Member, Federation of Hong Kong Ethnic Communities (July 2019 – November 2023)
• Distinguished Professional Mentor of the Chinese University of Hong Kong Faculty of Law
• Hong Kong Institute of Arbitrators, Associate Member

Articles and Publications

• Co-authored the Hong Kong chapter in the INSOL/ World Bank “Global Guide: Measures Adopted to Support Distressed Businesses through COVID-19 - Finance Related Interventions” (April 2020)
• The Litigation Paradox: Why Most Roads Lead to Court, co-author, Asian-Mena Counsel Magazine, Volume 12 Issue 2, 2014-2015
• The Dispute Resolution Review (Hong Kong chapter) (1st and 2nd editions), Law Business Research
• Corporate Recovery and Insolvency, Global Legal Group