China Esquire

Here’s something truly new with firms…  an international firm is building up its LITIGATION practice in China.  (Okay, Hong Kong, which is arguably part of and not part of China)  But this news story really caught my eye since I’ve been seeing the trend being more IP or corporate as a focus.  (or the generic term “China practice”)  Skadden’s decided to break the mold.  More after the jump.

The American Lawyer ran an article today entitled “ Asian Fusion: NY Leader Launches Arbitration/Litigation Practice With London Transfers, Raids“ (free subscription required).  The article reads:

Skadden, Arps, Slate, Meagher & Flom has launched an Asia-based international arbitration and litigation practice with senior lawyers who will relocate from London to Hong Kong.

The practice will be led by Paul Mitchard, a veteran arbitration specialist who has represented numerous multinational corporations in international commercial matters, particularly in the energy and financial services industries.

Counsel Mark Mangan and associate Calvin Chan will also be joining the new international arbitration and litigation group. Additionally, Skadden has recruited associate Alan Tsang to join the practice from the Hong Kong office of Pinsent Masons.

Mr. Mitchard, who in 2008 became one of only a handful of U.K. solicitors to win queen’s counsel status (typically granted to barristers), has been a key figure in Skadden’s arbitration practice in Europe. He joined Skadden as a partner in 2001 from Wilmer Cutler & Pickering. Mr. Mitchard also was a onetime head of the international arbitration practice at U.K. firm Simmons & Simmons.

This is a really interesting poach here.   Not that this isn’t unheard of, but to build up a litigation and arbitration practice for international purposes.  These attorneys aren’t going to practice in PRC Courts.  But to actually have enough business to feed four lawyers for an Asian arbitration practice?  Pretty cool really.  (Yes, I am a litigator at heart!)

I’d been hearing rumblings from my attorney friends for years saying that international litigation is going to take off in Asia and China.  And to some extent it has.  But it hasn’t been the boon that many predicted.  I’d heard that folks in Beijing and Shanghai were at least beefing up their firms with foreign litigators to teach their Chinese litigators how to…  litigate.  Unfortunately, this isn’t a well taught skill in Chinese law programs, which emphasize memorizing codes.  And so there was a demand for foreign litigators, but for “training.”  

The economic downturn has drawn greater attention to Asian disputes practices, with international law firms looking to tackle matters touching on insolvency and financial regulation in the region.

Skadden is making a push in the foreign arbitration market; earlier this year the firm’s London office brought on David Kavanagh from O’Melveny & Myers.

And now to see this happen in an economic downturn that has defied many expectations because litigation hasn’t picked up all that much as so many thought it would?  (same with practices like antitrust)  Quite a poach.  I really does hope it pays off as I’d love Asian international arbitration practices to grow.

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