Brian Gilchrist is a partner in the Hong Kong office of Gibson, Dunn & Crutcher LLP. He is a member of the firm’s Litigation and White Collar Defense and Investigations Practice Groups. Brian has extensive experience in dispute resolution, with a focus on commercial litigation involving matters concerning banking, insurance, tax, employment, contentious probate, directors' duties and minority shareholders' rights. He is also an experienced advisor on regulatory matters and has handled both domestic and multijurisdictional arbitrations. Brian has acted as a key legal advisor to many of the largest Hong Kong and international companies and institutions. He has acted for, as well as against, Regulators, and is recognized in the market as someone who is usually involved in any 'bet the company' dispute in Hong Kong.
He is consistently recognized as a leading lawyer and notable practitioner by publications and is a top-ranked lawyer by Chambers Greater China Region. An interviewee noted “Brian is on the speed dial of everyone who is anyone. He's head of the team and is extremely important as the overall strategist and with regard to communicating with the client." Other sources note that "He's the real big dog in town. He's the real deal and is every bit as good as advertised in terms of his advice and analysis," “people like him are set apart for their commercial and strategic judgement when it comes to decision making in litigation” and "Brian is very good at dealing with difficult situations and finding a simple commercial solution, that's what he's known for in the market. He's definitely the person to go to for complexity." Brian is ranked Band 1 in the Chambers Global and Chambers High Net Worth Guides. Described as a "legendary figure" with vast experience, clients were quoted saying, "Brian has seen anything and everything, he has roamed the earth in the litigation scene in Hong Kong," and "Brian Gilchrist has unparalleled gravitas and experience in the area…he is particularly knowledgeable in terms of trust-related matters." Brian is also recognized in The Legal 500 Hall of Fame, having been listed as a Leading Individual for many consecutive years, as well as classed as a Leading Individual in The Legal 500 Asia Pacific's Domestic and International Corporate Tax, and Private Client and Family categories. He is also recognized by Who's Who Legal Commercial Mediation and Asset Recovery 2024 guides, Benchmark Litigation Asia Pacific, and Lawdragon 500’s 2023 Leading Global Litigators guide.
Some of his recent and most significant experience includes advising:
- The company and opposing shareholders in resisting a petition to wind up a highly successful company brought by a minority shareholder seeking to enforce minority shareholders' rights involving court proceedings in Hong Kong and the British Virgin Islands.
- The Trustee in a high-profile breach of trust claim that was successfully defended at trial and the appeal was eventually withdrawn.
- One of the parties to a high-profile contested probate action concerning the succession rights to the significant estate of a high net worth individual.
- Various entities in defending or intervening in judicial review proceedings brought before the courts of Hong Kong.
- Various corporates and financial institutions in structuring and managing internal investigations of misconduct or other improper actions of employees and former employees, and handling the resulting litigation, regulatory inquiries and any criminal investigation of the wrongdoers.
- A Hong Kong tertiary institution in relation to disciplinary-, grievance- and discrimination-related investigations and hearings.
Brian has sat as a deputy judge of the High Court of Hong Kong SAR, as well as the tribunal chairman for a statutory body dealing with appeals. He was a member of the Council of the Law Society of Hong Kong from 2009 to 2022 and was elected and served as a vice president of the Law Society of Hong Kong for 3 terms from 2018 to 2021. Brian has also acted as the honorary legal advisor to the British Consul General in Hong Kong for over 20 years and was recognized for his contribution in such role with the award of an OBE in 2020.
Brian has acted as the general editor for Chitty on Contracts Hong Kong Specific Volume since the initial edition, as well as having contributed to the Hong Kong White Book since it was first published. He has been a member of the Solicitors Higher Rights of Audience Assessment Board, and is presently a member of the Court of Final Appeal Rules Committee, the High Court Rules Committee, the Civil Court Users' Committee and the Standing Committee on Legal Education and Training, as well as a number of other statutory bodies and committees.
Brian graduated from the University of Cambridge, Magdalene College with a Bachelor of Arts in 1987 and a Master of Laws in 1988. He is a Cambridge Rugby Blue. Brian has been admitted as a solicitor in England and Wales since 1991 and Hong Kong since 1995.
Capabilities
- Litigation
- Administrative Law and Regulatory Practice
- Appellate and Constitutional Law
- Crisis Management
- Judgment and Arbitral Award Enforcement
- Labor and Employment
- National Security
- Securities Regulation and Corporate Governance
- Shareholder Activism
- Tax
- Tax Controversy and Litigation
- Transnational Litigation
- Trials
- White Collar Defense and Investigations
Credentials
Education:
- Magdalene College - University of Cambridge - 1990 Master of Arts
- Magdalene College - University of Cambridge - 1988 Master of Laws (LL.M.)
- Magdalene College - University of Cambridge - 1987 Bachelor of Arts
Admissions:
- England & Wales - Solicitor
- Solicitor of the High Court of Hong Kong