Mr. Henry Y. H. Wai
LL.B. (London School of Economics and Political Science, University of London)
Fellow of the Hong Kong Institute of Arbitrators
Founder and Senior Partner of Henry Wai & Co., Solicitors LLP

Qualifications and judicial appointment

  • 1984: Obtained LL.B. degree (Upper Second Class Honour) at the London School of Economics and Political Science, University of London, England.
  • 1985: Passed the Solicitors’ Final Examination of England and Wales.
  • 1988: Admitted as a Solicitor in Hong Kong.
  • 2001-2003: Acted as Deputy Presiding Officer of the Labour Tribunal.
  • 2003: Obtained Postgraduate Diploma in Construction Claims and Arbitration (with Distinction) at the HKU School of Professional and Continuing Education.
  • Fellow of the Hong Kong Institute of Arbitrators.
  • December 2018: Completed the “International Investment Treaties and Investor-State Arbitration Seminar”, a 2-week course organised by the Institute of International Law in cooperation with the Georgetown University in Washington, D.C., the USA.
  • November 2019: Completed the “Investment Law and Investor-State Mediator Training Course”, a 1-week course in Hong Kong organised by the International Centre for Settlement of Investment Disputes (ICSID) and the Hong Kong Department of Justice.

Main areas of practice

Litigation and arbitration, including:

  • Company and corporate litigation (including listed companies and offshore companies), including shareholders/partnership disputes, battle for control of companies, disputes between parties to joint ventures, breach of trust/fiduciary duties, commercial fraud, unfair prejudicial conduct, derivative actions by shareholders on behalf of the company, winding-up, receivership and restructuring.
  • All kinds of commercial litigation, including disputes relating to commercial contracts, trade and sale of goods, intellectual property, protection of trade secrets, recovery and enforcement of commercial loans, securities and other investment contracts.
  • Disputes relating to land and properties, including ownership of properties, constructive trusts, resulting trusts, adverse possession, nuisance, succession to land in the New Territories and disputes relating to tso, tong and rights of indigenous villagers.
  • Actions concerning wills, probate, succession and administration of estates.
  • Disputes relating to employment contracts and between employers and employees.
  • Enforcement of court judgments between the Mainland of China and Hong Kong.
  • International commercial arbitration, investment treaty arbitration and enforcement of arbitral awards.
  • Construction disputes and claims.

Non-contentious matters, including:

  • Acquisition of companies and businesses and investments, establishment of funds (including limited partnership funds), commercial loans and security agreements, shareholders' agreements, joint venture contracts, corporate restructuring, etc.
  • Family wealth and business succession planning, family office and applications for grant of probate and letters of administration.

Offices in societies and organisations

  • Member of the Belt and Road Committee of the Law Society of Hong Kong.
  • Member of the Committee on Regional Comprehensive Economic Partnership Agreements (RCEP) of the Law Society of Hong Kong and Convenor of the Working Group on Dispute Settlement.
  • Vice-Chairman of the Greater China Legal Affairs Committee of the Law Society of Hong Kong (2011 to October 2023)
  • Honorary Legal Adviser of the Sai Kung Rural Committee (1995 to early 2000s)

Other experience and contributions

  • Handled a significant number of shareholders disputes involving British Virgin Islands (BVI) companies and personally attended trials in the BVI Commercial Court together with clients from Mainland China in collaboration with BVI law firms and London Counsel.
  • From 2019 to 2023 (for 5 consecutive years), formulated, hosted and acted in the role of arbitrator in mock arbitration courses for the students of the Peking University Law School as a representative of the Law Society of Hong Kong.
  • Acted as a judge in mock trial competitions of the University of Hong Kong and LAWASIA on numerous occasions.
  • Since 2015, awarded annually the “Henry Wai & Co. Litigation Prize”, now known as “Henry Wai & Co., Solicitors LLP (Wai Kee Yiu Memorial) Litigation Prize”, to P.C.LL. graduates of the University of Hong Kong with the best results in litigation subjects.