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Matthew Hodgson

Partner

Hong Kong

Hodgson Matthew
Matthew Hodgson

Partner

Hong Kong

Matthew specialises in international arbitration. He has acted as counsel and advocate in a large number of disputes worldwide including commercial arbitrations under the HKIAC, ICC, LCIA, SCC and UNCITRAL rules. He has also acted as counsel and advocate in a large number of investment treaty disputes worldwide under the ICSID and UNCITRAL rules as well as acted as counsel in ICSID annulment proceedings. He is also a Solicitor Advocate, with Higher Rights of Audience before the Senior Courts of England & Wales and the Courts of Hong Kong.

Matthew has particular experience of disputes relating to joint ventures, distribution agreements, energy and infrastructure projects, financial instruments (including derivatives), post M&A matters and construction projects. 
 
Matthew sits as an arbitrator and is a member of the SIAC Arbitrators Panel. He is also a fellow of the International Dispute Resolution Academy and serves on the editorial board of the academic journal of the Chartered Institute of Arbitrators. 

Market recognition:

Chambers and Partners Asia Pacific 2021 says Matthew is noted for his experience advising on “cross-border commercial and investment treaty arbitrations for clients in the TMT, energy and natural resources sectors. A client describes him as a ‘good team leader who is always in control of the whole situation’ and who ‘can figure out key issues and find the best commercial and legal solutions for the client’”. Chambers and Partners Asia Pacific 2020 noted that “Matthew [receives] extensive praise for his expertise in commercial and investment treaty arbitrations concerning natural resources and infrastructure projects, as well as disputes arising out of transactions.” Chambers and Partners 2019 stated that “‘Matthew is very helpful and gives insightful suggestions. He is a very dynamic lawyer,’ clients report.” 

Who’s Who Legal 2021 describes Matthew as “a mainstay of international arbitration in the Asia-Pacific market who is ‘very knowledgeable and experienced at investment treaty disputes’.” Who’s Who Legal 2020 noted that he is “readily identified as a “phenomenal lawyer”…[and] he is well versed in energy, infrastructure, construction and finance disputes.” Who’s Who Legal 2019 said of him that he is an “expert in the energy and construction sectors and stands out as “a deeply impressive lawyer and advocate”. He draws praise for “his commercial knowledge and comprehensive legal advice”.” 

Other noteworthy experience includes advising:

  • Two global energy companies in relation to UNCITRAL and ICC proceedings and an investment treaty claim arising in relation to oil blocks in a South East Asian State with an amount in dispute in excess of US$2 billion.
  • An international telecommunications company in relation to investment treaty and commercial arbitrations arising out of a USD1.2 billion dispute with a South Asian State.
  • A Chinese technology company defending a US$100 million HKIAC claim commenced by a US company in relation to a technology transfer agreement.
  • A leading Chinese state-owned company in the energy, oil and gas sector, in an ICC arbitration with a foreign joint venture partner in relation to the delay or failure of a USD1.2 billion project in a Central American country.
  • An international technology company in relation to a dispute arising out of a multi-billion dollar joint venture in the PRC.
  • The Government of Korea in relation to a USD1 billion + investment treaty claim by a Malaysian property developer.
  • A US private equity firm in an HKIAC arbitration arising out of breach of a Share Purchase Agreement relating to the divestment of its shareholding in a Hong Kong listed company.
  • Nissan Motor Company in a claim against the Union of India pursuant to the 2011 Comprehensive Economic Partnership Agreement between Japan and India in connection with certain outstanding investment incentive sums owed to Nissan by the State Government of Tamil Nadu.
  • Baggerwerken Decloedt En Zoon NV, a subsidiary of one of the world’s largest dredging companies, in a dispute with the Republic of the Philippines concerning the wrongful cancellation of a contract to dredge the Laguna Lake, outside of Manila. The Philippines was found to have violated the applicable Treaty and damages were awarded to our client. This is the first successful ICSID claim against the Philippines.
  • The Islamic Republic of Pakistan in an investment treaty arbitration arising from the arrest by Pakistan of ships belonging to Turkish power-ship company Karkey Karadeniz, which valued its claim at +USD2bn. It is in the public domain that the claim settled without payment by Pakistan.

News & insights

Climate ESG prudential regulation and risk management

Publications: 05 JULY 2021

Country and sustainability risk mitigation: a briefing for energy and mining investors

The transition of the global economy to align with the Paris Agreement aims and the UN Sustainable Development Goals is presenting many opportunities for energy and mining investors. However, it is…

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building

Publications: 02 JUNE 2021

Costs, damages and duration in investor-State arbitration

We are delighted to announce the publication of the latest iteration of the study on “Costs, Damages and Duration in Investor-State Arbitration” authored by Allen & Overy partner Matthew Hodgson and…

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cityscape image taken at night with data style web applied on top

Publications: 02 MARCH 2021

Update from on the ground: Draft Cyber Security Law – Implications for business in the ICT sector in Myanmar

On the morning of 1 February 2021, in response to allegations of voter fraud, Vice-President Myint Swe (who has since assumed the role of acting President) declared a State of Emergency for one year…

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Row of four structural marble columns

Publications: 02 DECEMBER 2020

Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between Hong Kong and the Mainland

On 27 November 2020, the Department of Justice of the HKSAR Government and the Supreme People’s Court of the People’s Republic of China (the PRC) signed the Supplemental Arrangement Concerning Mutual…

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Office

Hong Kong

Allen & Overy
9th Floor, Three Exchange Square, Central
Hong Kong

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Qualifications

Professional

Admitted as a solicitor, Hong Kong, 2017

Admitted as solicitor, England and Wales, 2007

Admitted to the bar, State of New York, USA, 2005

Academic

Diploma International Arbitration, Queen Mary College, University of London, 2012

LLM, Law, New York University School Of Law, 2004

MA, Law, University of Cambridge, 2003

Published work

  • “The “Problem” of Costs in Arbitration: Controlling, Allocating and Funding Costs”, edited by Chin Leng Lim (The Cambridge Companion to International Arbitration) (2021)
  • “Managing "Belt and Road" Business Disputes: A Case Study of Legal Problems and Solutions”, edited by Michael Moser and Chiann Bao (Kluwer Law International, forthcoming) (2021)
  • “Emergency Arbitrator Relief: A Practical Guide”, Korean Arbitration Review (2018).
  • “Bumps in The Road: Identifying Gaps in China’s Belt and Road Treaty Network”, TDM Vol.14, issue 3 (2017).
  • “Damages and costs in investment treaty arbitration revisited”, Global Arbitration Review (2017).
  • “Cost awards – who pays?”, co-authored with Judith Gill QC, Global Arbitration Review (2016).
  • “Costs in Investment Treaty Arbitration: The Case for Reform”, TDM 1 (2014).
  • “Investment Protection and Public Regulation: The Critical Balancing Act of Investment Treaty Arbitration” in Investment Treaty Arbitration and International Law, Juris Vol. 6 (2013).