Albert Lam, Partner, Hampton, Winter and Glynn

Albert Lam is an experienced litigator who has represented clients in numerous high profile cases. He joined Hampton, Winter and Glynn in 1999, having worked for several reputable law firms in Hong Kong, and became a Partner in 2001.

From 2007 to 2009, Albert represented one of the parties in the bitter and public battle relating to the estate of one of Asia’s richest women. He also frequently acts for eminent professionals and well-known Hong Kong social figures in litigations.

Albert is a Civil Celebrant of Marriages. He is also a member of ‘Pro-Vision’, a group of concerned professionals whose mission is to foster discussion and awareness of issues that affect the people of Hong Kong. Pro-Vision has advocated strongly that Hong Kong should be used as a forum to resolve any disputes arising out of commercial contracts executed in China involving a foreign party. The group has also advised the Hong Kong Government on the formation of a Patent Board in the territory and on the development of street performing arts in Hong Kong.

Albert is a member of the Hong Kong Mediation Council and an Associate Member of the Chartered Institute of Arbitrators. He is fully trained in commercial and personal injury mediation.

Albert was admitted as a solicitor in Hong Kong in 1994 and in England & Wales in 1996.

Albert is fluent in English, Cantonese and Mandarin.

Albert’s practice areas are:

Civil Litigation:

• Banking, finance and investment disputes
• Commercial fraud Investigations
• Conflict of laws
• Construction disputes
• Contracts disputes
• Court of Protection applications for the appointment of committees under the Mental Health Ordinance – and support to those committees
• Debt recovery
• Defamation
• Insolvency and bankruptcy
• Insurance claims
• International trade and sales of goods
• Joint Venture disputes
• Partnership and shareholders disputes
• Personal injury and fatal accidents
• Probate and administrative disputes
• Professional negligence
• Securities disputes

Criminal Litigation:

• Commercial fraud, CCB investigations
• ICAC investigations
• Intellectual property rights offences
• Traffic offences

CONSTRUCTION EXPERIENCE

1. The firm first became involved in construction work around 25 years ago when it began to act for a local Group C contractor in several of its construction related disputes and construction site safety matters. Over the years the number of instructions on construction litigation and arbitration claims increased substantially and included disputes with both employers and sub-contractors. These disputes related to all aspects of construction work and involved claims for delay or sub-standard work or materials for the superstructure or foundation works.
2. In the past, the firm had received instructions from a major construction group listed in the Stock Exchange of Hong Kong each with substantial shareholdings in other companies listed in Hong Kong and overseas. Apart from acting as contractors in both the private and public sector and in infrastructure work, they are also suppliers of building materials. The firm handle the majority of their construction related litigation and arbitration (all domestic), sales of goods claims, employees compensation and personal injury claims (limited to those not undertaken by the insurers’ solicitors).
3. Although the firm has not had the chance to become involved in construction arbitration at an international level, it has experience in international arbitration and in particular in the area of sales of goods and commercial disputes.
4. Some of the cases which the firm had handled are listed below.
   • Arbitration - acting for main contractor in resisting claim brought by curtain wall nominated sub-contractor, concrete structure allegedly cast out of tolerance. The Claimant’s claim is quantified at over HK$30 million whereas the Respondent’s Counterclaim involves liquidated damages for a 231-day delay @ HK$50,000 per day.
   • Arbitration - acting for main contractor in EOT claim brought by nominated electrical sub-contractor, allegedly due to late energization. There has been a stay of Court proceedings in favour of arbitration. The amount in dispute is about HK$7 million.
   • Arbitration - acting for the maintenance manager in a HK$7 million dispute with the main contractor over star payments and management fees payable under a Maintenance Contract with ASD.
   • Litigation - acting for E&M sub-contractor in resisting claims for variations etc. brought by P&D domestic sub-sub-contractor. The claim is quantified at about HK$28 million.
   • Litigation - acting for German flooring sub-sub-contractor on its loss and expense and additional works claim quantified at over HK$10 million. Client is a specialist in vibrating floor tiles who undertook work at the new Airport.
   • Litigation - acting for an Australian and German Joint Venture Company who was main contractor of the East Lantau and Airport Railway tunnel works. Defending 14 different actions involving over 20 parties brought by the sub-sub-contractors of a steel-fixing sub-contractor who had gone into liquidation (with the consent of the Official Receiver). Mandatory injunction prohibiting sub-contractors from entering site obtained in 1996. Some of the proceedings have been stayed and it is expected that 7 actions will proceed as some kind of “test” action. The amount in dispute is in the region of HK$7 million.
   • Cases involving smaller sums acting for domestic sub-contractors of various trade.