One client comments: "He is an old China hand, and with his experience he is able to provide practical solutions to legal problems."
Chambers Asia Pacific (2020)

Overview

Tom Fu is a partner of Mayer Brown. He has extensive experience advising on issues arising from construction projects. Tom has been named as one of the leading individuals in China Real Estate and Construction (Foreign Firms) in The Legal 500 Asia Pacific (2020), and he is also named in the construction chapter of the Who’s Who Legal list (2014-2015) and the Chambers Asia Pacific guide (2012-2020). He has been appointed by the China Association of International Engineering Consultants (CAIEC) as a member of its committee of experts in 2019. 

Tom has extensive experience handling China related disputes. He is a fellow member of the Chartered Institute of Arbitrators (CIArb) and the Hong Kong Institute of Arbitrators (HKIArb), and is listed on various panels of arbitrators. He has also been appointed by the China International Council for the Promotion of Multinational Corporations (CICPMC) as a committee member of its international legal affairs Committee of Experts since 2010. Tom also frequently counsels MNCs on investigation work in China.

Tom advises on compliance and regulatory matters with a focus on the construction industry and also on environmental issues such as China RoHS, WEEE and carbon emissions trading. In addition, he regularly advises NGOs on their operations in China. Tom is named as a Leading Environment Lawyer in China by PLC Which Lawyer? Yearbook (2009) and PLC Cross-Border Finance Handbook (2009/10), and nominated as a Recognised Environment Lawyer in PLC Which Lawyer? Yearbook (2008 & 2011).

Tom was admitted in Hong Kong in 1999 and England & Wales in 2000. He speaks English, Cantonese and Mandarin.

Spoken Languages

  • English
  • Cantonese
  • Mandarin

Experience

Construction

  • Advised on procurement models in the PRC, and on the drafting of contracts, bonds, warranties, tender documents and consultancy agreements for China construction projects such as the preparation of turnkey and EPC/EPCM contract documentation.
  • Advised on tendering and registration requirements, and on claims arising out of defects, variations, delay, design responsibilities, and determination of construction contracts.
  • Advised Swire Properties on the preparation of construction documentation and consultancy agreements for use in its multi-purpose development of 450,000 square meters in Guangzhou, and also advised on procurement methods, regulatory issues and issues arising out of novation of contract, performance bond and insurance.
  • Advised Hang Lung Properties on the preparation of various project management and consultancy agreements for use in its landmark mega shopping mall project in Tianjin. The shopping mall covered an area of 153,000 square meters.
  • Advised various NYSE, LSE, AIM and ASX listed entities on the preparation of contract documentation (based on FIDIC, HK and MOHURD forms) for the construction of their manufacturing/processing plants in China.

Dispute Resolution & Investigation

  • Representing a national oil company in a major UNCITRAL ad hoc arbitration arising from an unconventional gas production sharing contract.
  • Advised a PRC public authority in PRC Hydroelectric Dam & Power Plant Project in relation to claims to the tune of RMB 7 billion arising from the construction of a hydroelectric dam and power plant in the PRC.
  • Advised a UK based developer on contractor's claims arising out of a hotel resort development in Sanya and handled the related CIETAC arbitration proceedings.
  • Advised a HK based entity on contractor’s claims arising out of its clubhouse project in Beijing and handled the related CIETAC arbitration proceedings.
  • Advised a global energy group on issues arising out of the performance of various equipment purchase agreements and handled the related CIETAC arbitration proceedings.
  • Advised a MNC on the handling of various investigations lodged by China Customs against its operations in China.

Compliance & Regulatory

  • Advised a New York based leading financial information services, news and media company on issues arising out of carbon emissions trading in China, legal framework, implementation models, and the development of climate exchanges in China, and also on issues arising out of PRC environmental rules and regulations including China RoHS and WEEE directives.
  • Advised MNCs on environmental and safety issues arising out of their manufacturing facilities in various industrial parks in southern China.
  • Advised Towngas in the underwater pipeline project which lies between Tai Po, Hong Kong and Shenzhen, China. Advised on environmental aspects including water pollution, preservation of the ecological environment, and applied for injunctive relief against obstructions to the construction works, engagement of consultants and provided advice on construction claims.
  • Advised a leading building material supplier in Hong Kong on their quarrying rights in Zhuhai.
  • Advised NGOs on their reforestation and air quality improvement initiatives in China.
  • Advised SOEs on issues arising out of the performance of various carbon emission reductions purchase agreements (ERPAs).
  • Advised a leading Australian bank on issues arising out of an ERPA for use in a CDM project in Gansu.

Education

The University of Hong Kong, PCLL

The University of Hong Kong, LLB

Admissions

  • England and Wales
  • Hong Kong

Activities

  • Member, Committee of Experts, China Association of International Engineering Consultants (September 2018-31 December 2020) 
  • Member of the Appeal Board on Closure Orders (Immediate Health Hazard), Government of the Hong Kong Special Administrative Region (15 November 2017-14 November 2020) 
  • Member of the Torture Claims Appeal Board/Adjudicator of the Non-refoulement Claims Petition Office, Government of the Hong Kong Special Administrative Region  (1 February 2017-31 January 2021) 
  • Fellow, Chartered Institute of Arbitrators (CIArb) (since 2019) 
  • Panel Arbitrator, Tashkent International Arbitration Centre (TIAC) (since 2019)
  • Panel Arbitrator, Russian Arbitration Center (since 2019)
  • Listed Arbitrator, Hong Kong International Arbitration Centre (HKIAC) (since 2018)
  • Fellow, Hong Kong Institute of Arbitrators (HKIArb) (since 2018)
  • Panel Arbitrator, Beijing Arbitration Commission (BAC)/Beijing International Arbitration Center (BIAC) (since 2015)
  • Panel Arbitrator, Chinese Arbitration Association, Taipei (CAA) (since 2014)
  • Committee Member, International Legal Affairs Committee of Experts, China International Council for the Promotion of Multinational Corporations (since 2010)
  • Committee Member, Real Estate Group, Hong Kong Chamber of Commerce China (2009-2010)
  • Panel Member, Appeal Panel (Housing), Office of Transport and Housing, Government of the Hong Kong Special Administrative Region (1 April 2012-31 March 2016)
  • Adjudicator, Registration of Persons Tribunal, Security Bureau, Government of the Hong Kong Special Administrative Region (1 July 2010-30 June 2016)
  • Panel Member, Panel of Film Censorship Advisers, Television and Entertainment Licensing Authority, Government of the Hong Kong Special Administrative Region (2008)
  • Leading Individual - Real Estate and Construction: Foreign Firms, China – The Legal 500 Asia Pacific (2020) 
  • Named in the Construction chapter of the Who's Who Legal list (2014-2015) and the Chambers Asia Pacific (2012-2020)
  • Recommended Lawyer - Real Estate and Construction: Foreign Firms, China – The Legal 500 Asia Pacific (2019)
  • Leading Environment Lawyer – PLC Cross-Border Finance Handbook (2009/10)
  • Leading Environment Lawyer – China by PLC Which Lawyer? Yearbook (2009)
  • Recognised Environment Lawyer –  PLC Which Lawyer? Yearbook (2008 & 2011)
  • “'He is a very sharp lawyer who is capable of handling matters in Mandarin and English' says one source.” – Chambers Asia Pacific (2015)