Randall Arthur
Partner
About
Randall is a Hong Kong disputes lawyer and solicitor advocate. His key focuses include insolvency litigation, asset recovery, fraud related disputes and the enforcement of judgments and arbitration awards.
Randall has extensive experience in the contentious insolvency and bankruptcy arena where he regularly handles both local and cross-border matters on behalf of multiple stakeholders, including liquidators, receivers, trustees, financial institutions, creditors, directors, shareholders and distressed companies. He regularly acts for foreign insolvency office holders in obtaining recognition in Hong Kong, and thereafter conducting investigations and asset recovery utilising the powers granted through recognition.
His experience also extends to the enforcement of judgments and arbitration awards, as well as asset recovery in general. He is well-versed in obtaining court ordered discovery, and identifying and freezing of assets in Hong Kong, in aid of local and foreign legal proceedings, which often involve issues relating to complex fraud
Prior to joining Phillip Georgiou as a partner at their predecessor firm in 2021, Randall was a partner at the global law firm Kobre & Kim (2014 to 2021) and Hong Kong litigation boutique Gall (2006 to 2014).
Education
Education & Honours
Bachelor of Arts, University of Adelaide, 1995
Bachelor of Laws, University of Adelaide, 1996
Graduate Certificate in Legal Practice, 1997
Professional Diploma in Insolvency, Hong Kong, 2004
Admissions and qualifications
Barrister and Solicitor, Australia (South Australia), 1997
Solicitor, Hong Kong, 2002
Solicitor Advocate, Hong Kong, 2018
Affiliations and memberships
Restructuring and Insolvency Faculty, HKICPA
Insol International
Forensics Interest Group, HKICPA
IWIRC, Hong Kong
Languages
Accolades
Notable representations
Asset Recovery
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- Claimants in US proceedings brought to recover stolen funds from a high net worth PRC individual alleged to have stolen in excess of US$1billion through a complex investment fraud. We have been engaged in Hong Kong to conduct investigations relating to the funds flow, including through court ordered discovery against multiple parties such as banks, company secretaries etc.
- US company in conducting court ordered discovery in Hong Kong against multiple parties in aid of the enforcement of a large arbitration award in the US and SE Asia.
- European company in the recognition and enforcement in Hong Kong of a large SIAC arbitration award against Hong Kong company.
- Large US university in recovering significant funds in Hong Kong stolen as a result of a sophisticated fraud.
- High net worth individual in Australia to recover several Euro millions in funds stolen through a sophisticated boiler room fraud.
- US receivers of a NASDAQ listed company in relation to obtaining recognition of their appointment in Hong Kong, conducting investigations, recovering assets in Hong Kong and China, and circumventing illegitimate steps by wrongdoers within the company to interfere with the receiver’s work.
- Asia-Pacific enforcement strategy management as part of a global team to enforce one of the world’s largest arbitration awards against a South American nation and one of its state-owned enterprises.
- Plaintiffs in recovery of significant amounts for the funds defrauded in two of the largest business email compromise frauds in Hong Kong through implementation of creative strategies against multiple defendants.
- Private equity fund in obtaining summary judgment against PRC debtors of a ~US$20million debt arising from a put option agreement and corporate and personal guarantees and freezing sufficient assets to cover the debt.
- Receiver appointed by the U.S. Federal Trade Commission (FTC) in aid of proceedings brought by the FTC arising from a complex mobile phone cramming scheme. This matter involved several-million dollars in misappropriated funds successfully traced into a bank account in Hong Kong and subsequently frozen for the purpose of repatriating the funds back to the U.S.
- Large US company with operations in the PRC, in Hong Kong proceedings to freeze assets of defendants in aid of US proceedings involving a fraudulent scheme to sell assets at an undervalue, causing significant loss to the company.
- African entrepreneur subject to European criminal proceedings based on allegations of corruption arising from a US$1billion project in Africa, in defending against restraint proceedings brought by the Hong Kong Department of Justice against US$30million of assets in Hong Kong.
- Third party companies and an individual with assets targeted for confiscation by UK authorities following a criminal fraud conviction against another individual.
Insolvency
- Receivers and Managers of a large group of companies in Hong Kong owning 4 wineries in France, including advising on the validity of appointment, assisting the receiver with the reconstitution of the company and the board and conducting investigations into the company’s affairs and assets.
- Interim liquidators of a large SE Asian company, including advising on potential claims in Hong Kong arising out of a US$ multi-billion fraud and applying for recognition of the foreign appointment in Hong Kong, allowing the liquidators to exercise their powers in Hong Kong to conduct investigations and recover assets.
- Well known insolvency firm in Hong Kong to advise on their appointments as receivers of several Hong Kong companies, including the validity of their appointments, day to day issues arising post appointment and the sale of the assets falling within the receivership.
- Liquidators of NewOcean Energy Holdings Limited, a large listed energy company in Hong Kong, and its underlying subsidiaries, in relation to various high value and complex claims.
- Liquidators of Singapore subsidiaries of a Hong Kong listed company in relation to recovery of significant inter-company loans, which has resulted in winding-up proceedings being commenced against the Hong Kong listco.
- Acting for the liquidators of KrisEnergy, a large oil and gas company, incorporated in Cayman Islands, with its operations based in Singapore, to apply for recognition of the offshore liquidation in Hong Kong to take control of significant assets in Hong Kong.
- Liquidators of a Hong Kong company to advise on a large proprietary claim made against the company which arose pre-liquidation. We were successful in reaching a negotiated settlement on the claim without the need for legal proceedings.
- US receivers of a NASDAQ listed company in relation to obtaining recognition of their appointment in Hong Kong, conducting investigations, recovering assets in Hong Kong and China, and circumventing illegitimate steps by wrongdoers within the company to interfere with the receiver’s work.
- Liquidators of a well-known television and streaming company in relation to potential claims arising from various licensing agreements.
- Minority creditors taking an aggressive position in relation to the restructuring of a large group of companies in Hong Kong, China and offshore.
- Liquidators of a subsidiary of a listed Hong Kong company in respect of various causes of action arising from the alleged dissipation and misappropriation of the company’s assets.
- Liquidators of a Singaporean company in relation to the recovery of assets in Hong Kong and China, including the enforcement of ~US$200million judgment.
- Singapore liquidators in relation to obtaining a Mareva injunction and obtaining discovery orders against banks and the defendants, in aid of substantive proceedings commenced in Singapore against former directors of the company.
- Fortune 50 company in implementing a global insolvency and enforcement strategy against a company accused of funding and supporting a multibillion-dollar fraud.
Litigation
- Shareholders dispute arising from prior separation agreement between two long term business partners.
- US company and individual challenging the jurisdiction of the Hong Kong Court to determine contractual dispute between the parties.
- Private equity funds in relation to an exit dispute arising from their investment in PRC semi-conductor company.
- Chairman and majority shareholders in a PRC listed company in relation to a large minority shareholders claim brought by US institutional investors.
