Richard Sharpe

Arbitration and litigation

• Acted for an international private equity fund in Cayman law governed HKIAC arbitration proceedings (seated in Hong Kong), in connection with a claim against a limited partner of the fund for approximately USD 1bn, for breach of confidentiality. This was one of the first ever significant hearings in the HKIAC, conducted via Zoom.
• Acted in ICC arbitration proceedings (seated in New York), and ancillary Hong Kong High Court proceedings in connection with a shareholders’ dispute in Hong Kong, arising from U.S. Chapter 11 proceedings.
• Acted for a multinational professional services firm in Hong Kong High Court contempt of court proceedings, arising from a dispute over the enforceability of inter-jurisdictional disclosure obligations.
• Acted for an international private equity fund in CIETAC arbitration proceedings (seated in Beijing) in connection with claims of fraud arising from the purchase of a business in the PRC (value in excess of USD 250m) (including conducting the advocacy in the High Court of Hong Kong to freeze more than USD 250m Worldwide).
• Advised on international trade finance fraud claims approaching USD 1bn arising out of a multi-jurisdictional insolvency.
• Acted for the private equity arm of an international bank in SIAC arbitration proceedings (seated in Singapore) in connection with claims of fraud arising from a direct equity investment in an Indian movie company (value in excess of USD 60m).
• Acted for an international bank in three LCIA arbitration proceedings (seated in London) with a combined value of USD 85m, against a Russian-Mongolian SOE and a Mongolian conglomerate in connection with the bank's investment in one of the World's largest copper mines, and fraud arising from the related structured facilities and security arrangements. Also acted in the connected England and Wales High Court litigation relating to separate facilities worth USD 60m.
• Extensive advocacy experience of obtaining ancillary relief (in particular Mareva relief) in support of international arbitrations and commercial litigation in Hong Kong.

Investigations

• Conducted a wide ranging investigation into FCPA and insider trading allegations in the China real estate business of a New York listed, public company.
• Represented the portfolio company of a US private equity company in the first negotiated settlement with the Hong Kong Competition Commission, for cartelling.
• Conducted an internal investigation into multi-million US dollar employee fraud in the Hong Kong offices of a SFC and SEC regulated fund.
• Conducted an audit committee investigation into fraudulent accounting allegations in a global energy services platform in the Middle East, ultimately owned by a New York listed, public company.
• Acted in a 5 year, wide ranging internal investigation and representation of a Chinese telecommunications company (ZTE) in a significant export controls and economic sanctions investigation by the U.S. Departments of Justice, Commerce (BIS), and Treasury (OFAC). This culminated in the largest ever settlement for an export controls violation (USD 1.2bn).
• Acted in the representation of the Hong Kong branch of a PRC bank under investigation by the HKMA/ICAC for anti-corruption offences, including being scrambled to the dawn raid on the premises by the ICAC, following which the branch's CEO and 2 other staff members were arrested and prosecuted.
• Acted in the representation of an international bank under HKMA regulatory investigation into a widespread banking fraud perpetrated by a member of retail staff (who was arrested and prosecuted), as well as conducting the associated litigation (conducted the advocacy in Hong Kong to freeze USD 26m).
• Acted in a regulatory investigation into the theft by staff of a global re-insurer of commercially sensitive IP from a key rival. The case involved interactions with the HKCIB, the UK Financial Conduct Authority and the ICAC, as well as litigation arising.
• Acted in an anti-corruption investigation into a MNC's practices in Hong Kong and the PRC, from a FCPA, UKBA, Hong Kong, and PRC law perspective.
• Acted in the representation of an international bank under investigation by the SFC into financial services misselling.
• Multiple representations of individuals employed by financial institutions and MNCs under investigation by the ICAC.
• Defence of financial institution clients criminally prosecuted by Customs and Excise for offences under the Import Ordinance (including conducting Hong Kong Court advocacy) relating to technology imports.

Richard Sharpe is a partner in King & Spalding's Singapore office and a member of the firm's Special Matters and Government Investigations Group.

Richard assists multinational clients across the Asia-Pacific and Middle East region with a variety of business-related criminal matters and cross-border investigations, including anti-bribery and corruption, anti-money laundering, international sanctions, cyber-crime and fraud.

An England and Wales barrister, and a Hong Kong-qualified solicitor, Richard’s experience includes representing businesses and individuals under investigation by various international regulators, including the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Office of Foreign Assets Control, the U.S. Bureau of Industry and Security, the U.K Serious Fraud Office, the Hong Kong Monetary Authority, the Hong Kong Securities and Futures Commission, and the Hong Kong Independent Commission Against Corruption.

In addition, Richard has significant experience of conducting complex civil litigation and arbitrations arising from fraud and other criminal misconduct, as well as obtaining supporting ancillary relief. He also advises global companies on investment-related international risk and the design and implementation of compliance programs.

Richard was a barrister in England and Wales for the first 11 years of practice, focusing on the prosecution and defence of complex business crime and civil asset recovery, before relocating to Hong Kong in 2013. Richard has been recognised in Chambers Global and Asia-Pacific in the category of Corporate Investigations / Anti-Corruption: International since 2020.

In Chambers Asia-Pacific 2024, clients note "Richard is great, super responsive, fully understands commercial dynamics and what clients are looking to achieve", and "Richard is a great communicator, and can distil very complex regulatory matters into manageable and clear advice".

In a Chambers Global interview, clients describe Richard as “a total professional” who “understands the region well.”, and notes that he advises global organisations on a range of compliance mandates including anti-corruption, anti-money laundering and trade controls.

Clients further noted “Richard Sharpe receives praise for his ability to handle complex regulatory investigations and is singled out for his expert knowledge of the UK Bribery Act. Sources note that his experience acting in court as a barrister in the UK enables him to ‘appreciate the nuances of how the prosecutors will think’ and gives him ‘a great edge’. Clients refer to him as a ‘star performer,’ citing his ‘excellent advice’ and ‘strong work product’ as key strengths.” Clients describe him as a good guy who is making an impact” note: “he knows what he is doing.”

Legal 500 Hong Kong: “Richard Sharpe is qualified as a barrister in London and solicitor in Hong Kong, giving him a ‘unique perspective to analyze complex regulatory/white-collar issues