Judy Fu
Call: Call: 2019; 2014 (Solicitor)
Practice Overview
Judy is a commercial barrister with broad experience in complex disputes. She is praised in the directories as being “a superb advocate”, “brilliant academically”, “superb under pressure”, “invaluable to clients”, "incredibly bright", and having “an excellent intellect”, “an eagle eye for detail”, “already…a fearsome reputation” and “strong legal analysis”. She can “operate in a high-octane environment”, “tailor advice to what clients want”, and “approach situations and witnesses with great care and polish”. She is also recognised as being “an enthusiastic team player” and a “fantastic junior”, who provides “seriously substantial support” and “excellent support” on led cases.
Judy has a broad litigation practice, including in commercial, civil fraud, company, cryptocurrency/digital assets, banking and financial services, group litigation and shareholder claims, and ESG (particularly climate change) litigation. She is also a highly experienced arbitration practitioner, having acted in disputes conducted under the major sets of arbitration rules, including LCIA, ICC, SCC, ICSID, HKIAC, and SIAC Rules, and ad hoc arbitration under UNCITRAL Rules.
Before joining 3VB, Judy practiced in the international arbitration group at Skadden, Arps, Slate, Meagher & Flom in London, where her experience included advising some of the world’s largest companies in high-value disputes. As a former solicitor, Judy is equally comfortable working independently, as co-counsel or junior counsel, or as part of a team.
Judy’s matters often have an international or cross-border element. In particular, as a native of Hong Kong, Judy has worked extensively in Asia and is fluent in Chinese (Mandarin and Cantonese). She is a member of the BVI Bar and can accept offshore instructions.
Judy sits as an arbitrator. She has experience both as sole arbitrator and as part of a panel.
Alongside practice, Judy is the Consulting Editor of the Arbitration title in Halsbury’s Laws of England. She is a YIAG Regional Representative for Europe for the LCIA. She is a member of the Steering Group of 3VB’s International Advisory and Dispute Resolution Unit, which provides pro bono services in the international arena in furtherance of the United Nations Sustainable Development Goals.
Commercial Litigation and Civil Fraud
Recent notable instructions include:
- Acting for a manufacturer defendant in the pan NOx emissions litigation. Led by Peter de Verneuil Smith KC.
- Acting for a downstream oil business in a dispute with a local licensee, as sole counsel.
- Nexo v Shulev. Acting for a cryptocurrency business in a dispute with a former director. Led by David Quest KC.
- D’Aloia v Persons Unknown [2024] EWHC 895 (Ch). Acting for a cryptocurrency exchange in disputes arising out of misappropriation of cryptocurrency assets. Led by Nik Yeo.
- Advising a public authority in connection with prospective swaps mis-selling. Led by Peter de Verneuil Smith KC
- Advising a non-profit organisation on its global climate litigation initiative, as part of a multi-disciplinary counsel team.
- ClientEarth v Shell [2023] EWHC 1897 (Ch). Acting in a derivative action against the directors of an oil and gas company, in connection with the business’ climate change strategy. Led by Edward Brown KC and Daniel Saoul KC, with Sam Goodman.
- Vegesentials v Shanghai Commercial & Savings Bank Ltd [2024] EWHC 7 (Ch). Acting in a vicarious liability claim alleging fraud by a bank employee. Led by Matthew Parker KC.
- Acting in an FX brokerage dispute. Led by Rajesh Pillai KC and Charlotte Eborall.
- Acting for a law firm in disclosure applications following an authorised push payment fraud. Led by Peter de Verneuil Smith KC.
- Acting for an interdealer broking firm in claims arising out of a cyber fraud. Led by Rajesh Pillai KC.
- Acting for a property investment company in a dispute under an asset management agreement, as sole counsel.
- Acting for a litigation funder in a misfeasance claim against a former director, as sole counsel.
International Arbitration and Related Proceedings
Recent notable instructions include:
- Acting for a power plant operator in an SCC arbitration, as sole counsel.
- Acting for a biomass producer in an LCIA arbitration, as sole counsel.
- Acting for a former member firm of an international accounting network in an LCIA arbitration, led by Nicholas Craig KC with Cleon Catsambis.
- Acting for a cryptocurrency platform in enforcement proceedings in the Commercial Court of a New York Convention award, as sole counsel.
- Acting for a commodities trading company in an HKIAC arbitration against a Chinese state-owned enterprise, with related proceedings before the Hong Kong (CNG v G & G [2024] HKCFI 575) and BVI Courts. Led by Ali Malek KC, Peter de Verneuil Smith KC, and Penny Madden KC of Gibson Dunn.
- Acting for a Middle Eastern construction company in an ICC arbitration, in connection with a dispute in West Africa. Led by Jane Davies Evans.
- Acting for an investor in the energy sector in Angola in an LCIA arbitration, with related proceedings in the Southern District of New York and in ICC arbitration. Led by Nick Vineall KC and Adam Kramer KC.
- Acting for an advertising company in an LCIA arbitration, as sole counsel.
- Acting in a promoters’ dispute of a listed airline company in an LCIA India arbitration. Led by David Kavanagh KC of Skadden and Ciccu Mukhopadhaya SA.
- Acting for a commodities trading company in an HKIAC arbitration. Led by Ali Malek KC and Nigel Rawding KC of Freshfields with Ben Woolgar.
- Acting for a European state-owned asset management fund in an LCIA arbitration concerning a privatization in the gambling sector. Led by David Kavanagh KC of Skadden.
- Republic of Korea v Dayyani & Ors [2019] EWHC 3580 (Comm). Acting for Iranian investors opposing a challenge under s. 67 of the Arbitration Act to a bilateral investment treaty award against the Republic of Korea. Led by Ali Malek KC with Cameron Miles.
Group Litigation and Securities Disputes
Judy has been instructed by both claimants and defendants in group litigation and securities disputes. Recent notable instructions include:
- Acting for a manufacturer defendant in the pan NOx emissions litigation. Led by Peter de Verneuil Smith KC.
- Acting for institutional claimants in a claim under ss.90 & 90A of the Financial Services and Markets Act 2000. Led by Jonathan Nash KC and Alex Barden with Carola Binney.
- Advising prospective claimants in the structuring of a representative action under ss.90 & 90A of the Financial Services and Markets Act 2000. Led by Peter de Verneuil Smith KC.
- Acting in a promoters’ dispute of a listed airline company in an LCIA India arbitration, engaging the quantum and assessment of ‘stock drop’ damages . Led by David Kavanagh KC of Skadden and Ciccu Mukhopadhaya SA.
Judy takes particular interest in the assessment of damages in securities disputes, and has recently published on the subject. See Peter de Verneuil Smith KC, Philip Hinks and Judy Fu, “Damages under ss. 90 and 90A FSMA”, (2023) 10 JIBFL 667.
Energy and Natural Resources
A significant portion of Judy’s practice concerns disputes relating to energy and natural resources, particularly in international arbitration. Her recent experience spans the oil and gas (upstream and downstream), renewables, mining and metals, and commodities trading industries. She has also acted for and advised both companies and non-governmental organisations on ESG, energy transition, climate risk, and decarbonisation issues,
Recent notable instructions include:
- Acting for a biomass producer in an LCIA arbitration, as sole counsel.
- Acting for a power plant operator in an SCC arbitration, as sole counsel.
- Acting for a downstream oil business in a dispute with a local licensee, as sole counsel.
- Advising a non-profit organisation on its global climate litigation initiative, as part of a multi-disciplinary counsel team.
- ClientEarth v Shell [2023] EWHC 1897 (Ch). Acting in a derivative action against the directors of an oil and gas company, in connection with the business’ climate change strategy. Led by Edward Brown KC and Daniel Saoul KC, with Sam Goodman.
- Acting for a commodities trading company in an HKIAC arbitration against a Chinese state-owned enterprise, with related proceedings before the Hong Kong (CNG v G & G [2024] HKCFI 575) and BVI Courts. Led by Ali Malek KC, Peter de Verneuil Smith KC, and Penny Madden KC of Gibson Dunn.
- Acting for an investor in the energy sector in Angola in an LCIA arbitration, with related proceedings in the Southern District of New York and in ICC arbitration. Led by Nick Vineall KC and Adam Kramer KC.
- Acting for a commodities trading company in an HKIAC arbitration. Led by Ali Malek KC and Nigel Rawding KC of Freshfields with Ben Woolgar.
Cryptocurrency and Digital Assets
Recent notable instructions include:
- Nexo v Shulev. Acting for a cryptocurrency platform in a claim by a former director. Led by David Quest KC.
- D’Aloia v Persons Unknown [2024] EWHC 895 (Ch). Acting for a cryptocurrency exchange in disputes arising out of misappropriation of cryptocurrency. Led by Nik Yeo.
- Acting for a cryptocurrency platform in enforcement proceedings in the Commercial Court of a New York Convention award under s.103 of the Arbitration Act, as sole counsel.
Experience as Arbitrator
Alongside her practice as counsel, Judy accepts appointments as an independent arbitrator. Judy began legal practice in 2012 and was a solicitor-advocate before transferring to the Bar. She has handled disputes in a diverse range of sectors and areas of law, involving parties from around the world.
Judy has Canadian and Hong Kong nationalities.
As arbitrator
- UK entity v Indian entity. Appointed as sole arbitrator in a dispute concerning the sale and delivery of iron ore in China. (LCIA Rules, English law)
- UK entity v Turkish entity. Appointed as sole arbitrator in a dispute concerning the distribution of pharmaceutical products in Turkey. (LCIA Rules, English law involving matters of Turkish law)
- Irish entity v Spanish individual. Appointed as sole arbitrator in a consumer credit dispute. (LCIA Rules, English law)
- US entity v Hong Kong entity. Appointed as wingperson in a demurrage dispute. (LCIA Rules, English law)
- UK entity v UK entity. Appointed as sole arbitrator in a dispute pursuant to a sports sponsorship agreement. (LCIA Rules, English law)
- UK entity v Omani entity. Appointed as wingperson in a dispute concerning the sale and delivery of scrap metal in the Middle East. (LCIA Rules, English law involving matters of Omani law)
As arbitral tribunal secretary
- Serving as Tribunal Secretary to Ali Malek KC as sole arbitrator in an UNCITRAL arbitration brought by an investor against a Central Asian state.
- Serving as Tribunal Secretary to Ali Malek KC as sole arbitrator in an LCIA arbitration concerning the ownership interest of a hedge fund.
Other Experience
Prior to joining 3VB, Judy practiced as a solicitor-advocate in the International Litigation and Arbitration Group at Skadden, Arps, Slate, Meagher & Flom in London. She initially trained and qualified in the Commercial Disputes Group at Freshfields Bruckhaus Deringer in London and was seconded to the firm’s disputes teams in Singapore and Hong Kong.
Judy’s experience as a solicitor encompassed a wide range of commercial litigation, challenges before the English and European Courts, international arbitration, and tax controversies.
Examples include:
- DP World Limited v. Kingdom of Belgium (ICSID Case No. ARB/17/21). Acting for a UAE investor in a dispute concerning the treatment of a strategic port concession in Flanders under a bilateral investment treaty.
- Acting in an ICC arbitration, concerning ownership control over one of India’s largest petrochemical businesses, with related proceedings in India.
- Shulman v Kolomoisky and Bogolyubov [2018] EWHC 160 (Ch). Acting for Mr Gennadiy Bogolyubov in a Part 11 challenge to the jurisdiction of the English Court.
- Acting for Philip Morris in Case C-547/14 Philip Morris v Secretary of State for Health before the Court of Justice of the European Union, challenging the second Tobacco Products Directive.
- R (British American Tobacco) v Secretary of State for Health [2016] EWHC 1169 (Admin). Acting for Philip Morris in a challenge to the UK plain packaging regulations.
- Tempo Group Ltd v Fortuna Development Corp and ors, Cayman Islands Grand Court [2015]. Acting for the defendant in an eight-week trial in the Cayman Islands of a shareholder dispute.
Judy has also worked as a Research Assistant in the Commercial and Common Law Team at the Law Commission for England and Wales, where she worked on the reform of insurance contract law. Many of the Law Commission’s recommendations culminated in the Insurance Act 2015.
From January to March 2021, Judy served as Judicial Assistant to HHJ Pelling QC (in the Commercial Court and London Circuit Commercial Court) and Zacaroli J (in the Chancery Division).
Languages
In addition to English, Judy is fluent in Mandarin and Cantonese and has working knowledge of French.
Publications
Judy is the Consulting Editor of the Arbitration title in Halsbury’s Laws of England. She also sits on the Consulting Editorial Board of LexisPSL Arbitration.
During the COVID-19 pandemic, Judy worked with the British Institute of International and Comparative Law (BIICL) on its “Breathing Space” project, examining the effect of the pandemic on commercial contracts and disputes. Judy co-authored the project’s research Concept Note, together with Sir William Blair, Professor Eva Lein, and Professor Louise Gullifer QC.
Other recent publication highlights include: Peter de Verneuil Smith KC, Philip Hinks and Judy Fu, “Damages under ss. 90 and 90A FSMA”, (2023) 10 JIBFL 667, and Matthew Parker and Judy Fu, “Knowledge and ignorance in contractual construction: an analysis of Lehman v Exotix”, (2020) 1 JIBFL 28. The latter article is cited in Lewison, The Interpretation of Contracts, 7th ed.
