-
Wen DAI
Senior Counsel / Beijing
-
Tel +86-10-5957-2083
Email daiwen@zhonglun.com
-
Practices
Litigation & Arbitration, Construction & Project Development
Wen DAI
Wen currently represents clients in arbitrations in the Chinese mainland, Hong Kong SAR, Singapore, the United Kingdom, Sweden, and other jurisdictions, as well as in lawsuits before various people’s courts in China’s mainland. Wen is proficient in dealing with cases in both Chinese and English.
Wen has handled, as counsel, arbitrator, case administrator, or as award scrutinizer in CIETAC, hundreds of arbitration cases ranging from the international sale of goods, joint venture, equity transfer, fund investment, energy, construction, and real estate. She has represented clients in cases applying the CIETAC Rules, the UNCITRAL Rules, the HKIAC Administered Rules, the ICC Rules, and the SCC Rules.
Wen served as an emergency arbitrator in CIETAC’s first case under the Emergency Arbitrator Procedures.
Representative Matters
As Counsel
International Arbitration
Represented a Chinese oil and gas producer and supplier in its USD 2 billion dispute against the Turkmen opposing party concerning gas pricing, with the case governed by Swedish law, and assisted the client in reaching settlement
Represented a Chinese state-owned oil and gas company in an arbitration in Stockholm under the SCC Rules concerning a project dispute in Russia, with a disputed amount exceeding USD 1.8 billion and assisted the client in reaching settlement with the opposing party, with the arbitration conducted in English
Represented a Chinese nuclear power company in an over USD 1 billion dispute against a US nuclear power plant supplier and assisted the client in reaching settlement with the opposing party, with the arbitration, governed by Swedish law
Represented a Chinese state-owned oil and gas company in an arbitration in Stockholm under the SCC Rules concerning an over USD 1 billion dispute over the design and construction of a petrochemical plant in Kazakhstan, with the arbitration conducted in English and governed by Russian law, resulting in the arbitral tribunal supporting 80% of the client's claims
Represented a Finnish forestry company in an HKIAC administered arbitration over an over CNY 400 million joint venture dispute, where the arbitration language was English and the governing law was Chinese law and assisted the client to raise jurisdiction objection and forced the opposing party to withdraw the case from HKIAC and filed another arbitration case in ICC, resulting in 70% of the opposing party's arbitration claims dismissed by the ICC arbitral tribunal
Represented a Finnish company in an arbitration under the ICC Rules in Singapore, with arbitral language being English and the governing law being Chinese law, where issues including whether the use of licensed technology was authorized were examined by the arbitration tribunal, and the disputed amount exceeded EUR 70 million, and assisted the client in reaching settlement
Represented a Chinese industrial engineering company in an arbitration case conducted in English and governed by Chinese law under the HKIAC Rules concerning a USD 50 million over joint venture dispute, and assisted the client in obtaining a favorable interim award and forcing the opposing party to reach settlement with the client
Represented a Finnish company and its affiliate in Austria in an arbitration conducted in English and governed by Chinese law against its joint venture counterparty before HKIAC under the UNCITRAL Arbitration Rules, involving a disputed amount of over CNY 40 million and obtained an arbitral award in favor of the client
Represented a German winding wire supplier in a HKIAC arbitration case for a guarantee dispute over EUR 3 million conducted in English and governed by Chinese law, resulting in a favorable award for the client, and assisted the client in the enforcement of the award before Ningbo Intermediate People's Court
Represented a Canadian company engaged in e-commerce, manufacturing, and retail operations in an over USD 3 million technology licensing dispute administered by HKIAC under UNCITRAL Arbitration Rules, with the case conducted in both Chinese and English and governed by Hong Kong law, and assisted the client to settle the case
Chinese Arbitration
Represented a domestic group company in an over CNY 160 million dispute brought by a state-owned enterprise before CIETAC concerning the transfer of equity in a listed company
Represented two Singaporean companies and a Chinese technology manufacturing company in an asset and share purchase dispute accepted by CIETAC Beijing, with the arbitration conducted in both Chinese and English and governed by Chinese law, involving an amount in dispute exceeding USD 10.25 million
Represented a wholly-owned Chinese subsidiary of a French engineering equipment company in an arbitration administered by SHAC concerning an over CNY 50 million loan dispute and, despite the unfavorable circumstance that the client had signed a confirmation of debt, identified defects in the confirmation and the complexities arising from the long-term transactions between the parties, thereby having 60% of the opposing party's claims dismissed by the arbitral tribunal, to the client's satisfaction
Represented a wholly-owned Chinese subsidiary of a Swedish company in an over CNY 30 million supply contract dispute before CIETAC Beijing, with the arbitration conducted in both Chinese and English and governed by Chinese law, and assisted the client to deal with the procedural issues raised by the opposing party, such as request for consolidation of arbitration proceedings, extension of time for evidence examination, on-site inspection, and quality appraisal, resulting in all of the client's arbitration claims supported by the arbitral tribunal
Represented a Chinese subsidiary of a Swedish company in an arbitration case concerning a real estate lease dispute before CIETAC, with the arbitration conducted in Chinese and governed by Chinese law, involving a disputed amount of over CNY 14 million
Represented a WOFE in an arbitration case concerning equipment quality dispute before CIETAC Jiangsu sub-commission, with the case conducted in both Chinese and English and governed by Chinese law, involving a disputed amount of over CNY 9 million, and assisted the client in obtaining a favorable award
Represented a US roll production company in an international sale of goods dispute administered by CIETAC in Chinese and governed by Chinese law, involving a disputed amount exceeding CNY 7.5 million, and assisted the client to settle the case
Represented a Chinese enterprise in two service contract disputes before CIETAC filed a Chinese communications giant and assisted the client to reach settlement to the client's satisfaction, where close to 10% of the amount claimed by the opposing party was agreed upon by the parties
Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute before CIETAC, resulting in almost all of the client's arbitration claims supported by the arbitral tribunal
Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute before CIETAC
Chinese Litigation
Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute before Pudong New Area Primary People's Court in Shanghai, with an amount in dispute standing around CNY 30 million
Represented an investment and asset management enterprise in a cooperative development contract dispute before Chaoyang Primary People's Court in Beijing, with the court supporting the client in the first instance (the case is pending an appeal)
Represented a state-owned enterprise in a lease agreement dispute before Chaoyang Primary People's Court in Beijing
General Dispute Resolution Service
Represented a BVI-registered company engaged in blockchain investment and cryptocurrency services and its actual controller to negotiate with one of the world's largest cryptocurrency exchange companies regarding the disputes arising out of a share purchase agreement and a cooperation agreement, resulting in a settlement agreement to the clients' satisfaction
Assisted a Spanish steel purchasing group company to resolve disputes over its steel procurement transactions in China, services including providing a memorandum covered the revision of the Chinese export tax rebate policy for steel products in 2021, the impact on the purchase price, and the legal opinion on the client's position to bear price changes as requested by downstream suppliers
Advised a semiconductor integrated circuit company on its dispute over abnormal accidents of nitrogen generators in bulk gas stations, services including providing a memorandum covered the determination of losses in the complex chip manufacturing process, the disregard of the compensation cap, and the distinction between direct or indirect losses
Provided a legal memorandum to a wholly-owned subsidiary of a state-owned enterprise in the grain and oil industry, covering issues including the service and the legal effect of the anti-suit injunction issued by a foreign court when a qChinese court had made jurisdiction decision to hear the cases
As Arbitrator
Acted as arbitrator in an ICC arbitration concerning an international sale of goods dispute governed by German law, with the arbitration language being English and the place of arbitration being Hong Kong
Acted as Emergency Arbitrator (EA) appointed by CIETAC Beijing in an arbitration case where the Chinese claimant sought for an injunction order against the Australian respondent who was involved in a bankruptcy proceeding at the Supreme Court of Queensland, Australia, with the EA decision enforced by the Australian Respondent voluntarily, which is the first arbitration case of CIETAC involving an emergency arbitration proceeding
Acted as sole arbitrator in a consulting service agreement dispute at CIETAC Beijing, with the proceedings conducted in English
Acted as sole arbitrator in a purchase agreement dispute at CIETAC Beijing, with the proceedings conducted in English
Acted as sole arbitrator in six related fund disputes at CIETAC Beijing
Acted as sole arbitrator in an investment immigration service agreement dispute at CIETAC Beijing
Acted as arbitrator in an intermediary contract dispute at CIETAC Beijing
Acted as arbitrator in a processing contract dispute at CIETAC Beijing
Acted as arbitrator in three related equity transfer disputes at CIETAC Beijing, with a total amount in dispute reaching hundreds of millions of yuan
Acted as sole arbitrator in an international sale of goods arbitration case at CIETAC Shanghai Sub-commission, with the arbitration governed by CISG and conducted in English
Acted as sole arbitrator in a construction arbitration case at CIETAC Shanghai Sub-commission involving various issues typical to construction projects, including their scope, quality, scheduling, etc., with the arbitration language being English
Acted as sole arbitrator in an equity transfer dispute at CIETAC Shanghai Sub-commission in English
Acted as sole arbitrator in an automobile sales dispute at CIETAC Shanghai Sub-commission in English
Memberships & Affiliations
Arbitrator, China International Economic and Trade Arbitration Commission (CIETAC)
Arbitrator, Hong Kong International Arbitration Centre (HKIAC)
Arbitrator, Shanghai International Arbitration Centre (SHIAC)
Arbitrator, Shenzhen Court of International Arbitration (SCIA)
Arbitrator, Russian Arbitration Center (RAC)
Arbitrator, Changsha Arbitration Commission (CSAC)
Arbitrator, Harbin Arbitration Commission (HAC)
Arbitrator, Shenyang Arbitration Commission (SAC)
Publications
“A New Era for Chinese Arbitration?” (English), Commercial Dispute Resolution (CDR), May-June 2016
“Service of Documents in CIETAC Arbitrations” (Chinese and English), China Business Law Journal, March 2016
“CIETAC’s Role in Cross-strait Investment Dispute” (Chinese and English), China Business Law Journal, May 2014
“Confidentiality in International Commercial Arbitration” (Chinese), Arbitration and Law (No. 127), July 2014
“Comparison between SCC Arbitration and CIETAC Arbitration” (English), TDM Asia Special (ISSN 1875-4120), November 2011
“CIETAC Practice on the Appointment of the Presiding Arbitrator” (Chinese), Chinese on the Asia Legal Business (ALB), May 2010
Related
-
Deals Related
Zhong Lun Assists a Singapore-listed Company in the Successful Signing and Consummation of Cross-Border Equity and Asset Sale
The Transaction and the subsequent Case, which took nearly four years to run their course, is another successful example of Zhong Lun’s close cooperation across different jurisdictions and practice areas with respect to complex cross-border M&A transaction and dispute resolution for listed companies during the COVID-19 pandemic, earning high praises from the board of directors and management of the SG Co.
2024-01-19
-
Bar Admissions/Professional Qualifications
PRC Bar
-
Education
LL.M., Stockholm University
LL.B., University of International Business Economics -
Professional Experience
Senior Counsel and non-equity partner, Zhong Lun Law Firm
Senior associate, Mannheimer Swartling Advakatbyrå Aktiebolag
Case Manager, China International Economic and Trade Arbitration Commission (CIETAC) -
Languages
Chinese
English