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Lijun CAO
Equity Partner / Beijing
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Tel +86-10-5957-2288
Email caolijun@zhonglun.com
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Practices
Litigation & Arbitration, Compliance & Investigation
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Industries
Energy & Power, Mining & Natural Resources
Lijun CAO
With extensive experience in international arbitration and commercial litigation, Mr. Cao has represented clients in arbitrations in the Chinese mainland, Hong Kong SAR, Singapore, and other jurisdictions, as well as lawsuits before various people's courts in the Chinese mainland. Mr. CAO also handles compliance and investigation matters for both domestic and foreign companies.
Since joining Zhong Lun, Mr. Cao has represented clients in over 200 arbitration cases in the areas of international sale of goods, Sino-foreign joint venture, equity transfer, energy, mining, construction, real estate, and intellectual property under the CIETAC Rules, the UNCITRAL Rules, the HKIAC Administered Rules, the ICC Rules, the SIAC Rules, the LCIA Rules, and the BAC Rules.
Mr. Cao also specializes on treaty arbitration. He was a key member of the legal team that successfully defended the PRC Government in an ICSID case.
Representative Matters
Domestic Arbitration
Represented a PRC provincial government and its department of transportation in response to an over CNY 5.20 billion CIETAC Beijing arbitration concerning a government BOT agreement (also represented the clients in an action before a PRC court to apply for the confirmation of validity of arbitration agreement), with the arbitral tribunal rendering a partial award favorable to the client, and the counterparty withdrawing the remaining claims
Represented a foreign fund's PRC subsidiaries in a CNY 1 billion CIETAC Beijing arbitration concerning a commercial building pre-sale contract (the value of the involved property was about CNY 2.35 billion) and managed to get the counterparty to agree to a settlement under terms favorable to the client
Represented a major domestic steel company in a CIETAC Shanghai arbitration (involving over CNY 10 billion) concerning overseas share transfer, and secured an outcome to the satisfaction of the client
Represented a private-sector PRC steel company in a CNY 400 million CIETAC Beijing arbitration (involving over CNY 2 billion economic interests) over a gas supply contract and got the counterparty to agree to a settlement under terms favorable to our client by leveraging the multi-contract feature of the dispute and making changes to the arbitration strategy of the law firm previously engaged by the client
Represented the PRC subsidiary of a Canadian solar power company in an over CNY 566 million CIETAC Beijing arbitration in Shanghai concerning a sales contract, with all of the counterparty's claims dismissed by the arbitral tribunal
Represented the PRC subsidiary of a French hotel group in an over CNY 310 million CIETAC Beijing arbitration concerning a hotel management contract and a technique contract with 98% of the counterparty's claims dismissed by the arbitral tribunal
Represented the Asian subsidiary of a European beer company in an over CNY 270 million CIETAC Beijing arbitration over a joint venture contract and obtained a favorable interim award, with the dispute settled under terms favorable to the client
Represented INVISTA Technologies S.a.r.L in an over CNY 253 million CIETAC Beijing arbitration under the UNCITRAL Arbitration Rules over license agreements (and also represented the client in PRC courts for confirmation of validity of arbitration agreement and obtained a favorable ruling), with the case settled under terms favorable to the client
Represented a BVI company in an over CNY 239 million CIETAC Beijing arbitration concerning a share transfer contract relating to real estate and secured an outcome where the arbitral tribunal rendered the award in favor of the client and dismissed 84% of the counterparty's claims
Represented a state-owned enterprise in the arms industry in an over CNY 172 million CIETAC Beijing arbitration concerning copper cathodes sales agreements, with all of the client's claims upheld by the arbitral tribunal
Represented the PRC entity of a famous international investment group in an over CNY 130 million CIETAC Shanghai arbitration concerning an asset transfer contract, with almost all of the client's claims upheld by the arbitral tribunal
Represented a major Japanese integrated trading company in response to an over CNY 116 million CIETAC arbitration concerning an equipment purchase contract, with the arbitral tribunal dismissing most of the counterparty's claims
Represented the PRC subsidiary of a UK high-end sports club in two arbitrations involving over CNY 70 million in total before CIETAC Beijing concerning a service agreement and a management agreement, with English as the language of arbitration, and had all the client's claims upheld by the arbitral tribunal
Represented an NYSE-listed PRC company in a CIETAC Beijing arbitration concerning an equity transfer agreement against the founder and related parties of a project company, which was the first CIETAC case involved the validity of valuation adjustment mechanism under an investment agreement and eventually got the counterparty to settle with the client, transferring the equity and paying most of the claimed amount to the client
Represented a private real estate developer in response to two BAC arbitrations concerning agency agreements with the total disputed amount exceeding CNY 90 million and filed counterclaims on behalf of the client, with 95% of the counterparty's claims dismissed by the arbitral tribunal
Represented a HK-listed mining company in an over CNY 46 million BAC arbitration concerning a consultancy agreement and secured an outcome where the arbitral tribunal dismissed 98% of the counterparty's claims
Represented the PRC subsidiary of a top Korean technology company in an over CNY 4 million BAC arbitration concerning a sales contract
International Arbitration
Represented a subsidiary of COFCO in a CNY 3.2 billion HKIAC arbitration under the HKIAC Administered Arbitration Rules concerning disputes arising out of a subscription agreement, with PRC law as the governing law and Chinese as the arbitration language, and secured an outcome where the arbitral tribunal rendered a partial award, upholding almost all of the client's claims; also represented the client in response to another HKIAC arbitration concerning share repurchase disputes initiated by the counterparty and assisted client in obtaining a favorable settlement, where the parties agreed to terminate the first arbitration case and the counterparty withdrew the second arbitration case
Co-represented with a foreign law firm a HK company in a USD 20 million HKIAC arbitration under the UNCITRAL Arbitration Rules concerning a joint venture agreement, with PRC law as the governing law and English as the arbitration language, and got the counterparty to seek settlement with the client
Represented an overseas fund and its affiliates against an offshore subsidiary of a Chinese company (a wholly-owned subsidiary of a New York-listed company) in two conjoined arbitrations under the HKIAC Administered Arbitration Rules concerning two related equity transfer contracts, with PRC law as the governing law was PRC law and English as the arbitration language, had the case settled under terms favorable to the client with the counterparty paying most of the claimed amount
Represented a multinational hotel management company against a PRC owner in an over USD 4.7 million HKIAC arbitration under the UNCITRAL Arbitration Rules concerning a hotel management agreement, with PRC law as the governing law and Chinese and English as the arbitration languages and had the case settled to the satisfaction of the client
Represented Dongfang Electric Corporation in an over USD 150 million ICC arbitration concerning a power plant construction contract against an Indian state-owned company, with Indian law as the governing law, English as the arbitration language, and secured an outcome where thearbitral tribunal upheld most of the client's claims and dismissed most of the counterparty's counterclaims
Represented the PRC subsidiary of a famous international hotel group against a Chinese owner in an over USD 6 million ICC arbitration concerning a hotel management contract, with PRC law as the governing law, Chinese and English as the arbitration languages, and the ICC Rules as the applicable rules, and secured an outcome to the client's satisfaction
Represented a Sweden company in response to an over USD 14 million ICC arbitration concerning an international sale contract and filed counterclaims on behalf of the client, with English as the arbitration language, and secured an outcome where the arbitral tribunal dismissed all of the counterparty's claims and upheld almost all of the client's counterclaims
Represented a BVI company in an over CNY 800 million SIAC arbitration concerning a cooperative development agreement, with Chinese law as the governing law and Chinese as the arbitration language, and secured an outcome where the arbitral tribunal upheld part of the client's claims and dismissed all the counterclaims of the counterparty
Represented an international beer company against two Malaysian companies in an over CNY 26 million SIAC arbitration concerning equity transfer under the Arbitration Rules of SIAC, with English as the arbitration language, Malaysian law as the governing law, and British law involved, settling the case to the satisfaction of the client
Represented the HK subsidiary of a Chinese company in an over USD 10 million LCIA arbitration concerning an international alumina sales contract brought by a Swiss company and filed counterclaims on behalf of the client under UK law, with English as the arbitration language and LCIA Rules as the applicable rules, successfully settling the case under favorable terms for the client, with the opposing party withdrawing all claims and paying a portion of the client's counterclaims
Investment Treaty Arbitration
Represented the People's Republic of China as respondent in the investment arbitration filed by Ansung, a Korean company before ICSID (Ansung Housing Co., Ltd. v. People's Republic of China, ICSID Case No. ARB/14/25), which was the first investment arbitration case against the PRC government where a final award was delivered, and had the arbitral tribunal dismissed all Ansung's claims with prejudice, finding them "manifestly lack legal merit"
Litigation
Represented a HK company and its subsidiary in an action against a Chinese mainland bank before the Supreme People's Court concerning an over CNY 1.6 billion equity dispute
Represented a PRC subsidiary of a US company as well as certain affiliates and an employee of the former in an action before Shanghai Pudong District People's Court concerning a dispute of non-competition, with 90% of the counterparty's claims dismissed by the court
Represented a Canadian company in response to an action before Guangzhou Intermediate People's Court concerning disputes arising out of a ship loader manufacturing contract and its ancillary contracts, securing a settlement of the case to the satisfaction of the client
Represented a PRC subsidiary of a Canadian company in an over CNY 190 million action before Suzhou Intermediate People's Court for non-enforcement of a domestic arbitral award with the client's claim for non-enforcement upheld by the court
Represented an English company in an over USD 20 million action before Beijing First Intermediate People's Court for recognition and enforcement of an English arbitral award of the Sugar Association of London and successfully had most of the awarded claim amount enforced
Represented an Australian company in an over CNY 70 million dispute arising out of a steel processing subcontract, securing a settlement of the case to the satisfaction of the client
Represented a PRC provincial government and its department of transportation in an action before Changsha Intermediate People's Court for confirmation of validity of the arbitration agreement in a government BOT agreement and had the court ruled that the arbitration agreement had no binding force on the provincial government
Represented a subsidiary of a German bank in an action before Shenzhen Intermediate People's Court for recognition and enforcement of a HK arbitral award rendered by ICC and got the counterparty to voluntarily pay all the amounts to the client after the court rendered the recognition ruling
Represented a Spanish company in an action before Huzhou Intermediate People's Court of Zhejiang Province for recognition and enforcement of a CIETAC Shanghai award and successfully had all the awarded claim amounts enforced
Expert Witness Cases
Acted as the expert witness on PRC law issues, including Contract Law, Company Law, Joint Venture Law, Arbitration Law, Civil Procedure Law, regulations of PRC State Administration of Foreign Exchange (SAFE), etc. before various international arbitration institutions and overseas courts, including SIAC, HKIAC, ICDR, the High Court of Justice of England and Wales, the High Court of New Zealand, the High Court of Hong Kong, etc.
Compliance and Investigation
Advised the PRC subsidiary of a multinational IT company on the validity of electronic contracts and the risk assessment of digital signatures under the PRC law
Advised an Italian company on the potential civil and criminal liabilities of the directors and senior management of its PRC subsidiary
Honors and Awards
For Individual
Band 1, Chambers Global - Dispute Resolution: Arbitration, 2014-2022
Band 1, Chambers Asia Pacific - Dispute Resolution: Arbitration, 2014-2021
Band 1, Chambers Greater China Region - Dispute Resolution: Arbitration, 2022
Hall of the Fame, The Legal 500, 2023
Leading Individual, The Legal 500, 2015-2022
Elite Practitioner, asialaw, 2020-2023
Market-leading Lawyer, asialaw, 2016-2019
Who's Who Legal: Arbitration, 2014-2022
Who's Who Legal: Litigation, 2016-2022
Top 15 Litigators in China, Asia Legal Business, 2014
Dispute Resolution Star, Benchmark Litigation, 2018-2022
Lawyer of the Year-China, Benchmark Litigation, 2019
Litigation Star, Benchmark Litigation's China Regional Rankings, 2021-2022
Lawyer of the Year - Dispute Resolution/Arbitration, China Law & Practice, 2014-2015
The A-List: China's elite lawyers, China Business Law Journal, 2018
For Deal
Impact Case of the Year for “Ansung Housing Co., Ltd. v. People's Republic of China”, Benchmark Litigation Asia-Pacific Awards, 2019
Memberships & Affiliations
Member, SIAC Court of Arbitration
Member, CRCICA Advisory Committee
Vice Chair, Arbitration and ADR Committee of ICC China
Vice Chair, Arbitration and Lawyer Mediation Committee of All China Lawyers Association
Member, HKIAC Asian Dispute Review Editorial Advisory Board
Member, Qingdao Arbitration Commission
Former Member, ICCA's Task Force on Standards of Practice (2018-2021)
Former Co-chair, IBA Subcommittee on International Commercial Arbitration Case Law (2019-2021)
Arbitrator, China International Economic and Trade Arbitration Commission
Arbitrator, Hong Kong International Arbitration Centre
Arbitrator, Singapore International Arbitration Centre
Arbitrator, Asian International Arbitration Centre
Arbitrator, International Center for Dispute Resolution
Arbitrator, World Intellectual Property Organization
Arbitrator, Korean Commercial Arbitration Board INTERNATIONAL
Arbitrator, Cairo Regional Centre for International Commercial Arbitration
Arbitrator, Mediator and APEC Neutral, Electronic Business Related Arbitration and Mediation (eBRAM)
Arbitrator, Shenzhen Court of International Arbitration
Arbitrator, China Maritime Arbitration Commission
Arbitrator, The Arbitration Center Across the Straits
Recommended Mainland Arbitrator, Chinese Arbitration Association, Taipei
Arbitrator, International Arbitration Chamber of Paris
Arbitrator, Mongolian National Chamber of Commerce and Industry
Arbitrator for International Investment Arbitration, China International Economic and Trade Arbitration Commission
Arbitrator for International Investment Arbitration, Beijing Arbitration Commission
Arbitrator, Qingdao Arbitration Commission
Arbitrator, Xiamen Arbitration Commission
Arbitrator, Chongqing Arbitration Commission
Arbitrator, Guiyang Arbitration Commission
Publications
“Chinese SOEs and Their Investments along the Belt and Road”, Chapter 11 of “Managing Belt and Road Business Disputes: A Case Study of Legal Problems and Solutions”, Wolters Kluwer, April 2021
China Chapter, “Investment Treaty Arbitration 2021”, Law Business Research, November 2020
“Harmony in Dispute: Influence of Chinese Culture on Chinese Arbitration”, Chapter 1 of “International Arbitration: When East Meets West: Liber Amicorum Michael Moser”, Kluwer Law International, October 2020
“China Country Update”, Asian Dispute Review, July 2017
“To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts”, Kluwer Arbitration Blog, March 2015
“CIETAC as a Forum for Resolving Business Disputes”, The Foundation for Law, Justice and Society, August 2008
“Combining Conciliation and Arbitration in China: Overview and Latest Development”,International Arbitration Law Review, 2006
“Interim Measures of Protection in the Context of Arbitration in China”,International Arbitration Law Review, 2005
Related
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Deals Related
Zhong Lun Advises on Fangzhou’s IPO in Hong Kong
Zhong Lun Law Firm has provided long-term legal services to Fangzhou and acted as the issuer’s PRC legal advisor in this offering.
2024-07-09 -
Events Related
Zhong Lun Attended the IBA Seoul Conference and Successfully Held a Reception
As an IBA Group Member, Zhong Lun Law Firm sent over 20 Partners and lawyers to attend the conference.
2019-09-29 -
Awards Related
34 Zhong Lun Lawyers and 29 Areas Ranked by asialaw 2024
Zhong Lun has 29 practice/industry areas and 34 lawyers recommended, and 20 of these areas were lauded as “Outstanding” or “Highly Recommended”.
2024-09-20
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Bar Admissions/Professional Qualifications
PRC Bar
New York State Bar -
Education
LL.M., University of California at Berkeley School of Law
LL.B., University of International Business and Economics (UIBE) Law School -
Professional Experience
Partner, Zhong Lun Law Firm
Deputy Director, China International Economic and Trade Arbitration Commission (CIETAC) Foreign-Related Department, Beijing -
Languages
Chinese
English