"a leading cross-border restructuring specialist"Chambers Asia Pacific (2017)
John Marsden is a partner of Mayer Brown and is the Managing Partner of the firm's Vietnam and Thailand offices. He represents clients in a wide range of matters in the commercial and corporate context. His assignments have included financing transactions, non-performing loan disposals and corporate restructurings. John has provided advice in such large-scale restructurings or insolvencies as Asia Pulp and Paper, Pacific Andes, the Moulin Group, TMT and Vietnam Shipbuilding Industry Group, all of which are multi-jurisdictional transactions. John was placed into the Shanghai office for three years during which time he was involved with a number of substantial property acquisition and financing transactions.
John has been named a Band 1 Restructuring and Insolvency Lawyer by Chambers Asia Pacific (2013-2020), Market Leader in Restructuring and Insolvency by IFLR1000 (2018-2019) and Leading Lawyer in Restructuring and Insolvency by IFLR1000 (2010-2017). Chambers Asia Pacific (2018) described John as he provides an “aggressive and punchy service, but is very commercial too”. John is also recognised as one of the 120 “Asia Best Lawyers” by IFLR1000 (2019).
Pacific Andes/China Fishery
- Advising Malayan Banking Berhad (Maybank), one of the primary bank creditors of the debtor group on its negotiations with Pacific Andes and other creditors and as to its security and enforcement options, with a view to recovery of its loans.
- Advising the provisional liquidators appointed in Hong Kong and Bermuda in connection with the restructuring of Hong Kong listed Z-Obee and the resumption of trading in its shares through multi-jurisdictional schemes of arrangement and involving novel cross-border recognition issues to address concerns arising from the Re Legend International Resorts Limited decision. The deal won a “standout” award from the FT Asia-Pacific Innovative Lawyer Awards 2018 for its innovative solutions.
- Advised the financial restructuring of Vietnam Shipbuilding Industry Group (Vinashin) involving debts in excess of US$4.5 billion and included dealing with a US$600 million facility by a Scheme of Arrangement. This was the first restructuring of a Vietnamese state owned enterprise and involved the Vietnamese government, numerous ministries and a strategically important industry.
Liquidators of the Hong Kong Lehman Brothers group companies
- Advised the liquidators of Lehman Asia on major settlements and litigation necessary to release over USD 1 billion of trust assets subject to competing claims.
- Advised Guangdong Zhenrong Energy Co., Ltd in relation to all matters pertaining to the restructuring of TPGL (other than certain corporate finance aspects), the proposed acquisition of the oil storage assets from the liquidators of TGIL and (subsequently) from JVC, and on the current dispute in relation to the completion of the acquisition of the oil storage assets.
- Acting for the bilateral bank lenders in relation to the restructuring of their loans to Kaisa Group Holdings Limited and the associated schemes of arrangement.
China Shanshui Cement
- Advising IPs in their capacity as directors of China Shanshui Investment Company Limited on its contested replacement of Hong Kong listed China Shanshui Cement's board.
- Advised Taiwanese bank ship finance lenders in regard to recovery of in aggregate over USD 400 million of loans secured over vessels. The matter is high profile and highly complex involving major issues in relation to conflicts of laws and jurisdiction consequent on the successful filing by TMT for Chapter 11 US Bankruptcy Code protection of overseas incorporated single purpose vessel owning companies. The vessels include ships under arrest in Singapore, South Africa and Malta and the Chapter 11 automatic stay purports to prevent further enforcement. Together with Mayer Brown USA, advised in relation to the Chapter 11 filings and, among other things, in contesting applications to the US Court for release of vessels from arrest. The outcome of these proceedings is significant as of fundamental effect as regards the extra territorial application of the US Bankruptcy Code and the recognition, or the refusal to recognise, that jurisdiction by the various foreign courts impacted by the automatic stay.
The University of New South Wales, BSc (Hons)
The University of Adelaide, LLB (Hons)
The University of Sydney, MPsych
Inscriptions au Barreau
- Hong Kong
- Australia, South Australia
- American Chamber of Commerce in Vietnam
- Australian Chamber of Commerce in Vietnam
- British Business Group Vietnam
- European Chamber of Commerce in Vietnam
- Government appointed-Director of the Debt Management Company Limited, a company established by the Hong Kong SAR Government to administrate loans made on behalf of the government to industries having difficulties due to SARS
- Hong Kong Business Association Vietnam
- Editor, INSOL World, the publication of INSOL International
- Member, Membership Development Committee of INSOL International
- Fellow by American College of Bankruptcy
- Asia Best Lawyer - Restructuring and Insolvency, Hong Kong – IFLR1000 (2019)
- Band 1 - Banking & Finance: Restructuring/Insolvency, China – Chambers Global (2019)
- Band 1 - Restructuring/Insolvency (International Firms), China – Chambers Asia Pacific (2013-2020)
- Leading Individual - Restructuring and Insolvency, Hong Kong – The Legal 500 Asia Pacific (2018-2020)
- Market Leader - Restructuring and Insolvency, Hong Kong – IFLR1000 (2018-2020)
- Leading Lawyer - Restructuring and Insolvency, Hong Kong – IFLR1000 (2010-2017)
- "a leading cross-border restructuring specialist" – The Legal 500 Asia Pacific (2017)
- "provides an excellent service" – Chambers Asia Pacific (2015)
- "very experienced, which makes him a safe pair of hands on complex projects because he's seen virtually everything before" – Chambers Asia Pacific (2014)
- "strong legal knowledge and excellent commercial acumen" – The Legal 500 Asia Pacific (2013)
- "he is a strong legal technician and works well with other advisers." – Chambers Asia Pacific (2013)
- Band 2 - Restructuring/Insolvency (International Firms), China – Chambers Asia Pacific (2012)
- Featured Insolvency and Restructuring Lawyer – Expert Guides (2012)
- "the best person for bank restructurings, a good operator, who is very creative and gets the deal done" – Chambers Asia Pacific (2012)
- "I find John Marsden to be well balanced and have good business sense" – IFLR1000 (2012)
- Endorsed by PLC Which Lawyer? (2011) (Restructuring and insolvency : Hong Kong)
- "Capable restructuring lawyer" – The Legal 500 Asia Pacific (2010/2011)
- "(John) is known for his expertise in impaired asset management as well as in corporate restructuring and insolvency transactions" – Chinalaw Profiles (2006)