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Gillian Lam

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Gillian Lam is a Senior Associate in Baker McKenzie’s Dispute Resolution Group.

Admitted in both Hong Kong and England and Wales, Gillian has acquired higher rights of audience as a solicitor advocate (civil) before the Hong Kong courts since 2017 and also became a fellow of the Chartered Institute of Arbitrators in the same year.

She is mentioned as one of the key lawyers of Baker McKenzie in Legal 500 under two categories: Dispute Resolution: Litigation and Data Protection and Cyber Security.

Within Baker McKenzie, she is currently the APAC representative of the Women-in-Arbitration leadership team. She was a member of the Steering Committee of the International Arbitration Associate Forum from 2016 to 2021. She was a member of the Steering Committee of the International Arbitration Associate Forum from 2016 to 2021.

Gillian frequently speaks at various client seminars and CPD talks on arbitration, cyber fraud, employment and other topics (including compliance, private wealth and product liability). She also regularly contributes to various client publications on a number of topics including cyber fraud (see Cyber Fraud Recovery) and arbitration (see Global Arbitration News).

As an active advocate for diversity and inclusion as well as pro bono work within the Firm and beyond, Gillian is the Hong Kong ambassador of Arbitration Lunch Match, an international event for female arbitration practitioners from all around the world since 2021. Gillian has also obtained Individual Gold and Improvement Awards from HK Law Society under the Law Society's Pro Bono and Community Work Recognition Programme 2021 and Individual Gold Awards in 2022 and 2023.

A recent High Court decision in Yung Wai Tak Abraham William v. Natural Dairy (Nz) Holdings Ltd (in Provisional Liquidation) (17/08/2020, HCLA26/2018) [2020] HKCFI 2067 (“Decision”) held that a Hong Kong listed company and its wholly owned subsidiary were joint employers of the appellant whose main job was to serve the listed company as its company secretary, notwithstanding that the written employment contract was solely made with the subsidiary. The parent company was held liable for, inter alia, unpaid wages, statutory severance payment and payment in lieu of notice owed to the appellant by the subsidiary. In coming to its conclusion, the court applied the “overall impression” test set down by the Court of Final Appeal in Poon Chau Nam v Yim Siu Cheung,1 taking into account all relevant features of the parties’ relationship, including the proper interpretation of the written employment contract, the recruitment process, the services provided by the employee to the companies involved, the employer’s confession, and other contemporaneous documentary evidence.

In brief With the slowdown in economic activity globally due to COVID-19, the number of cyber fraud cases from around the world has surged. The Hong Kong Police, the Action Fraud (UK’s National Fraud & Cyber Crime Reporting Centre), and the Australian Cyber Security Centre, have all recorded a significant…