ENG

  • Lijun CAO

    Equity Partner / Beijing

  • Tel +86-10-5957-2288

    Email caolijun@zhonglun.com

  • Practices

    Litigation & Arbitration, Compliance & Investigation

  • Industries

    Energy & Power, Mining & Natural Resources

CV

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

  • 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