Mike Docherty

About

Mike is a highly experienced litigation solicitor with over two decades of legal experience dedicated primarily to construction-related arbitration and litigation in Hong Kong.

Prior to his legal career, Mike spent 13 years as a civil engineer in the UK and Hong Kong, which equipped him with invaluable technical knowledge of construction practices, site operations, and the typical causes of disputes within the industry. This unique dual expertise enables him to understand clients’ concerns.

Mike’s practice focuses on complex dispute resolution, with a specialisation in construction arbitration. He has represented a wide spectrum of clients including project owners, consultants, main contractors, and subcontractors, and has managed claims ranging from several million to in excess of one billion Hong Kong dollars. His cases involved major infrastructure developments—roads, railways, bridges—and a variety of commercial and residential projects.

Additionally, Mike has experience in commercial dispute resolution, including matters relating to commercial contracts, performance bonds, insolvency and winding-up proceedings.

Education

Education & Honours

Bachelor of Engineering (Civil Engineer), Paisley College of Technology, 1991

Bachelor of Laws (Hons), University of Wolverhampton, 2006

Postgraduate Certificate in Laws (PCLL), City University of Hong Kong, 2007

Admissions and qualifications

Solicitor, Hong Kong, 2009

Affiliations and memberships

Society of Construction Law

The Lighthouse Club (Hong Kong Chapter)

Languages

English

Accolades

Notable representations

Arbitration

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·       International specialist subcontractor against an international main contractor arising out of an 80kmhighway refurbishment and new-build project in Philippines (value approx. US$15million).

·       Government works department defending claims by the main contractor arising from a major infrastructure project in the New Territories (value approx. HK$300 million).

·       A world-leading consultant in claims(value approx. HK$1.6 billion) arising from alleged defects in the design and supervision of a major bridge between Hong Kong and Mainland China.

·       International deep-foundation specialist contractor in claims arising from the Hong Kong to Guangzhou Express Rail Link project, including appeals to the Court of First Instance and Court of Appeal against the Arbitrator’s awards (value approx. HK$800 million).

·       Advising a specialist lift and escalator supplier in claims against the main contractor arising from the construction of a hotel in Cambodia.

·       A domestic subcontractor in claims against both private developers and Government departments on various projects throughout Hong Kong (values up to approx. HK$20 million).

·       A main contractor in claims arising from the construction of an 8-storey private residence, defending claims in separate proceedings by the owner of the residence (for alleged latent defects)and the façade nominated subcontractor (for alleged non-payment under the nominated subcontract) relating to the same alleged defects, including advise on contractual name-borrowing arrangements (value approx. HK$40 million).

Litigation

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·       Advising a statutory body in relation to calling a performance bond and terminating the main contractor’s employment under the contract, including advising on the steps taken in the subsequent insolvency proceedings involving the former main contractor.

·       Major German toy manufacturer and licensee in claims made by the licensor for breach of contract and breach of the licensor’s intellectual property rights.

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