Elaine Chen is a partner in the Hong Kong office of Gibson, Dunn & Crutcher LLP. She is a member of the firm’s Litigation and White Collar Defense and Investigations Practice Groups. Elaine represents companies and high-net-worth individuals in civil and commercial litigation and disputes, including a full range of banking, contractual, tort, companies, trust and tax matters. She has particular experience in tax, contentious probate and estate administration, mental health, private wealth, and boardroom and shareholders disputes. She has acted as legal adviser to many Hong Kong and overseas-listed corporations and financial institutions, and ultra-high-net-worth individuals and trusts and has wide-ranging experience in challenging big-ticket litigation.
Chambers and Partners regularly recognizes Elaine as a notable practitioner in China Dispute Resolution: Litigation, as well as Hong Kong Tax and Private Wealth Disputes. She is ranked as a leading individual in Hong Kong for Domestic and International Corporate Tax, Dispute Resolution: Litigation, as well as for Private Client and Family by The Legal 500 Asia Pacific. In The Legal 500 Asia Pacific guide, a client praised that "Elaine is meticulous and technically strong. She cares about her clients and always fight for their best interests." In Chambers Greater China Region, interviewed clients note that she is "very technical with good commercial sense, and she works very hard, which demonstrates a strong level of good professionalism," "very well versed in the controversy. One thing that stands out is her understanding and explanation of the cases," that she "stands out for her experience in tax litigation. Noted for her deft handling of high-stakes disputes concerning sources of profits and capital gains in transactions, she continues to attract many instructions from listed companies," "excels in all categories. She is extremely knowledgeable and has a sharp mind. She leads her team with dedication and conviction," and is a "litigator with immense skill, knowledge and experience, and an instinctive flair for the right answer." Elaine has also been ranked Band 1 in the Chambers High Net Worth Guide for 3 consecutive years. She has been listed for commercial and transactions in China and Hong Kong by Benchmark Litigation Asia-Pacific and recognized as one of the Top 100 Women in Litigation by the same publication. Elaine is also named in the World Tax, International Tax Review 2024 guide and Lawdragon 500’s 2023 Leading Global Litigators guide.
Some of her recent and most significant experience includes advising:
- A Hong Kong-listed corporation with substantial operation in mainland China to resist injunction applications arising out of acrimonious disputes among directors and shareholders
- A member of a well-known family in Hong Kong in a successful claim for specific performance, equitable compensation and/or account for profits against another family member in relation to the family wealth distribution more than a decade ago involving properties of over HKD20 billion
- A Hong Kong-based conglomerate with business around the globe in a dispute with the Hong Kong Inland Revenue concerning the source of profits involving very substantial amounts
- A professional trustee corporation in defending a negligence claim by the beneficiaries of the trust
- The executors of the estate of a prominent entrepreneur on various issues arising out of the administration of his estate, including handling numerous proceedings in Hong Kong, the USA, BVI and other jurisdictions in the course of the administration
Elaine graduated from the University of Bristol in 1996 and received the prize for "Best Performance" in the Postgraduate Certificate in Laws program at the University of Hong Kong in 1997. She also holds a Master of Laws from the University of London. She is fluent in English, Cantonese and Mandarin and is admitted to practice in Hong Kong and England and Wales.
Capabilities
- Litigation
- Appellate and Constitutional Law
- Judgment and Arbitral Award Enforcement
- Tax
- Tax Controversy and Litigation
- Transnational Litigation
- White Collar Defense and Investigations
Credentials
Education:
- University of London - 2004 Master of Laws (LL.M.)
- University of Hong Kong - 1997 Postgrad Certificate in Laws
- University of Bristol - 1996 Bachelor of Laws (LL.B.)
Admissions:
- England & Wales - Solicitor
- Solicitor of the High Court of Hong Kong