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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 in many commercial and investment treaty arbitrations under all major arbitral rules, including the HKIAC, ICC, LCIA, SCC, SIAC, ICSID and UNCITRAL rules. He is qualified as a solicitor in England & Wales and Hong Kong, and as an attorney in New York.

Matthew is an experienced advocate, who routinely argues cases before international arbitral tribunals. He is also a Solicitor Advocate, with Higher Rights of Audience before the Senior Courts of England & Wales. Matthew has sat as arbitrator in cases before the Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC) and the International Chamber of Commerce (ICC).

Matthew has particular experience of disputes relating to energy, infrastructure & construction projects, joint ventures, distribution agreements, financial instruments and post M&A matters.

He has substantial experience of disputes involving States and State entities, and has represented both investors and States in a large number of investment treaty disputes worldwide.

Matthew serves on the editorial board of the International Journal of Arbitration, Mediation and Dispute Management and the editorial board of Dispute Resolution International and is a fellow of the International Dispute Resolution Academy.

Market recognition:

Chambers and Partners Asia Pacific 2020 says: “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.” One commentator observes: ‘He has a real knack for taking a bird's-eye view and thinking strategically and laterally about a problem, and has a way of making the academic practical.’"Chambers and Partners 2019 stated that Matthew “continues to provide clients with expert advice on disputes connected with natural resources and infrastructure projects. ‘Matthew is very helpful and gives insightful suggestions. He is a very dynamic lawyer,’ clients report.” Who’s Who Legal 2020 say he is “readily identified as a “phenomenal lawyer”…[and] he is well versed in energy, infrastructure, construction and finance disputes.” Legal 500 has commented that “Matthew Hodgson is outstanding” (2013), "sets the bar for others" (2015), is "perfect for complex arbitrations" (2016), is “well regarded” (2017) and “highly experienced” (2020).

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

Publications: 24 SEPTEMBER 2020

Webinar: European Green Deal – changes to look out for and impact of Covid-19 on timeline

Environmental issues, and in particular climate change, remain high on the agenda as Europe and other regions seek to "build back greener" in the wake of the Covid-19 pandemic. This webinar focused on…

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Publications: 03 APRIL 2020

Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge

As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues…

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Publications: 04 OCTOBER 2019

Mainland Hong Kong interim measures arrangement now in effect

The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the Arrangement), which was signed on 2…

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Publications: 04 APRIL 2019

Groundbreaking Arrangement Allowing Interim measures in Mainland China for Hong Kong Arbitrations

On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China signed the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of…

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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

  • “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).