ENG

CV

Wen DAI

Wen currently represents and advises clients on arbitrations in Mainland China, Hong Kong, Singapore, the United Kingdom, Sweden, and other jurisdictions, as well as lawsuits before various people’s courts in China. Wen is proficient in dealing with cases in both Chinese and English.
Wen has handled hundreds of arbitration cases, as counsel, arbitrator, case administrator, or as award scrutinizer in CIETAC, 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

I. Representative Counsel Matters

i. International Arbitration Cases

  • Represented a Chinese oil and gas producer and supplier in its dispute against its Turkmenia counterparty concerning a dispute over a revision of the price of gas. The amount at stake was over USD 2 billion, and the governing law was Swedish law. Wen assisted the client in reaching settlement;

  • Represented a Chinese state-owned oil and gas company in an arbitration in Stockholm under the SCC Rules. The case concerns a project dispute in Russia and the matter value exceeded USD 1.8 billion. The language of arbitration was English, and the governing law was the British law. Wen assisted the client in reaching settlement with the counterparty;

  • Represented a Chinese nuclear power company in a dispute against a US nuclear power plant supplier. The matter value exceeded USD 1 billion, and the governing law was Swedish law. Wen assisted the client in reaching settlement with the counterparty;

  • Represented a Chinese state-owned oil and gas company in an arbitration in Stockholm under the SCC Rules. The dispute centered around the design and construction of a petrochemical plant in Kazakhstan. The arbitration language was English. The governing law was Russian law and the amount in dispute exceeded USD 1 billion. The arbitral tribunal supported 80% of the Client’s claims;

  • Represented a Finnish forest company in a HKIAC joint venture dispute where the language was English and the governing law was Chinese law. The amount in dispute exceeded CNY 400 million. Wen assisted the client to raise jurisdiction objection and forced the counterparty to withdraw the case from HKIAC and filed another arbitration case in ICC. 70% of the counterparty’s arbitration claims were dismissed by the arbitral tribunal;

  • Represented a Finnish company in an arbitration under the ICC Rules, with the seat of arbitration in Singapore. The dispute tackled whether the use of licensed technology was authorized, among other issues. The arbitral language was English. The governing law was Chinese law. The matter value exceeded EUR 70 million. Wen assisted the client in reaching settlement;

  • Represented a Chinese company within the industrial engineering sector in an arbitration case of a joint venture dispute under the HKIAC rules. The arbitration language was English. The governing law was Chinese law. And the matter value exceeded USD 50 million. Wen assisted the client in obtaining a favorable interim award and forced the counterparty to reach settlement with the client;

  • Represented a Finnish company and its affiliate in Austria in an arbitration against its joint venture counterparty in HKIAC under the UNCITRAL arbitration rules. The arbitration language was English. The governing law was Chinese law. The matter value exceeded CNY 40 million. The arbitral award was in favor of the client;

  • Represented a German winding wire supplier in a HKIAC arbitration case for a guarantee dispute over EUR 3 million, the language of the arbitration was English, and the applicable law was Chinese law. A favorable award was rendered. Wen also assisted the client in enforcement stage of the award before the Ningbo Intermediate People’s Court;

  • Represented a Canadian company engaged in e-commerce, manufacturing and retail operations in a HKIAC technology licensing dispute under UNCITRAL arbitration rules. The arbitration was conducted in both Chinese and English and was governed by Hong Kong law, with the subject matter of the dispute exceeding USD 3 million. Wen assisted the client to settle the case;

ii. Domestic Arbitration Cases

  • Represented a domestic group company in a dispute brought by a state-owned enterprise before CIETAC. The dispute is about the transfer of equity of a listed company. The amount exceeded CNY 160 million;

  • Represented two Singaporean companies and a Chinese technology manufacturing company in an asset and share purchase dispute accepted by CIETAC Beijing Head Office. The arbitration was conducted in both Chinese and English and was governed by Chinese law. The amount in dispute exceeded USD 10.25 million;

  • Represented a wholly-owned Chinese subsidiary of a French engineering equipment company in a dispute over CNY 50 million accepted by SHAC. Under the unfavorable circumstance that a confirmation of debt had been signed by the client, through analyzing text defects in the confirmation and the long-term complex transaction situation between the parties, Wen assisted the client to obtain an arbitral award to the client’s most satisfaction that 60% of the counterparty’s claims were dismissed by the arbitral tribunal;

  • Represented a wholly-owned Chinese subsidiary of a Swedish company in a supply contract dispute case in CIETAC Beijing Head Office, the amount of which exceeded CNY 30 million. The arbitration was conducted in both Chinese and English and was governed by Chinese law. Wen assisted the client to deal with the procedural issues raised by the counterparty, such as request for consolidation of arbitration, extension of time for evidence examination, on-site inspection, and quality appraisal. The arbitral tribunal supported all of the client’s arbitration claims;

  • Represented a Chinese subsidiary of a Swedish company in an arbitration case of a real estate lease dispute in CIETAC. The arbitration language was Chinese and the applicable law was Chinese law. The amount of the dispute exceeded CNY 14 million;

  • Represented a WOFE in an arbitration case of equipment quality dispute in CIETAC Jiangsu sub-commission in both Chinese and English. The applicable law was Chinese law. And amount of the dispute exceeded CNY 9 million. Wen assisted the client in obtaining a favorable award;

  • Represented a US roll production company in an international sale of goods dispute accepted by CIETAC, the arbitration language was Chinese, the applicable law was Chinese law, and the amount in dispute exceeded RMB 7.5 million. Wen assisted the client to settle the case;

  • Represented a domestic enterprise to deal with two service contract disputes in CIETAC filed by the counterparty, a domestic communications giant. Wen assisted the client to reach settlement to the client’s satisfaction with an amount close to 10% of the amount claimed by the counterparty;

  • Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute in CIETAC. The arbitral tribunal supported almost all of the client’s arbitration claims;

  • Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute in CIETAC;

iii. Chinese Lawsuit Cases

  • Represented a Chinese proprietorship of a globally renowned hotel management company in a franchise contract dispute in Shanghai Pudong New Area Primary People’s Court. The amount in dispute was around CNY 30 million;

  • Represented an investment and asset management enterprise in a cooperative development contract dispute in Chaoyang Primary People’s Court, Beijing. The Court supported the client at the first instance level. And the case is still in the process of appeal;

  • Represented a state-owned enterprise in a lease agreement dispute in Chaoyang Primary People’s Court, Beijing;

iv. General Dispute Resolution Service

  • Represented a BVI-registered company engaged in blockchain investment and cryptocurrency services and its actual controller to negotiate with the counterparty, which is one of the largest cryptocurrency exchange companies in the world regarding the disputes arising out of a share purchase agreement and a cooperation agreement. A settlement agreement to the Clients’ satisfaction was reached; 

  • Assisted a Spanish steel purchasing group company to resolve disputes over its steel procurement transactions in China, including providing a memorandum covered the revision of the domestic 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;

  • Assisted a semiconductor integrated circuit company on its dispute over abnormal accidents of nitrogen generators in bulk gas stations, including providing a memorandum covered the determination of losses in the complex chip manufacturing process, the break of the maximum compensation limit, and the determination 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 the issues of the service and the legal effect of the anti-suit injunction issued by a foreign court when a Chinese court had made jurisdiction decision to hear the cases.

II. Representative Arbitrator Appointment Matters

  • Acted as an arbitrator in an international sale of goods dispute in an ICC arbitration. The governing law was German law. The arbitration language as English. The place of arbitration is Hong Kong;

  • Acted as an Emergency Arbitrator (EA) appointed by CIETAC Beijing Head Office in an arbitration case where the Chinese Claimant sought for an injunction order against the Australian Respondent who was involved in a bankruptcy proceeding in the Supreme Court of Queensland, Australia. The EA decision has been enforced by the Australian Respondent voluntarily. This was the first arbitration case in CIETAC involving an emergency arbitration proceeding;

  • Acted as a sole arbitrator in a consulting service agreement dispute in CIETAC Beijing Head Office. The arbitration language was English;

  • Acted as a sole arbitrator in a purchase agreement dispute in CIETAC Beijing Head Office. The arbitration language was English;

  • Acted as a sole arbitrator in six related fund disputes in CIETAC Beijing Head Office;

  • Acted as a sole arbitrator in an investment immigration service agreement dispute in CIETAC Beijing Head Office;

  • Acted as an arbitrator in an intermediary contract dispute in CIETAC Beijing Head Office;

  • Acted as an arbitrator in a processing contract dispute in CIETAC Beijing Head Office;

  • Acted as an arbitrator in three related equity transfer disputes in CIETAC Beijing Head Office. The amount in dispute exceeded hundreds of millions yuan;

  • Acted as a sole arbitrator in an international sale of goods arbitration case in CIETAC Shanghai sub-commission. The applicable law was CISG, and the arbitration language was English;

  • Acted as a sole arbitrator in a construction arbitration case in CIETAC Shanghai sub-commission. The case focused on various issues typical to construction projects, including the scope of the construction, the quality of the construction, and the timeline of the construction etc. The arbitration language was English; 

  • Acted as a sole arbitrator in an equity transfer dispute in CIETAC Shanghai sub-commission. The arbitration language was English; 

  • Acted as a sole arbitrator in an automobile sales dispute in CIETAC Shanghai sub-commission. The arbitration language was 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

  • Bar Admissions/Professional Qualifications

    PRC Bar

  • Education

    LL.M., Stockholm University
    LL.B., University of International Business Economics

  • Professional Experience

    Partner, Non-equity Partner, Zhonglun Law Firm
    Senior Associate, Mannheimer Swartling Advakatbyrå Aktiebolag
    Case Manager, China International Economic and Trade Arbitration Commission (CIETAC)

  • Languages

    Chinese
    English