"New Financing" and Traditional Banking and Financing

• Representing a securities company in a case filed by a bank in respect of a collective asset management plan, with the amount in dispute exceeding CNY 110 million or USD 15.8 million, involving whether the client, as the management company, has fulfilled its obligation of due diligence, whether there is improper related-party transaction, whether it has fulfilled its obligation of post-investment management, whether the investor's losses are determined, etc. All of the investor's claims are ultimately rejected 

• Representing a financial institutional investor to initiate an arbitration case against a listed securities company for its breaches of trustee duties under contract as the management company of a special plan for Commercial Mortgage-Backed Securities (CMBS), with the amount in dispute exceeding CNY 350 million or USD 50 million. The award fully adopted our core submissions and ordered the counterparty to compensate all the principal and legal costs in cash; dismissing the other party's annulment application to the award before the Shanghai Financial Court, successfully enforcing the award to recover all funds, with this case recognized by the very court as the No. 1 "Model Case"

• Representing the investment platform of a leading securities firm and an investment company within a major state-owned agricultural group in a valuation-adjustment mechanism dispute with a prominent Shandong industrial group; overcoming significant legal hurdles by proving the enforceability of a repurchase obligation without a compulsory capital reduction, and ultimately securing a complete victory and a fully favorable arbitral award

• Providing legal services on behalf of the largest guaranty company in China for the disposal of defaulting corporate bonds issued by a listed company and its controlling shareholders in the inter-bank market and the stock exchange, involving recourse, participating in bondholder meetings, dealing with litigation cases brought by bondholders and trustees, enforcement of notarized documents on creditor's rights, rights competition in preservation and execution proceedings, possible bankruptcy and debt restructuring and other complicated procedures, eventually assisting the client to obtain the right to dispose the pledged shares first among all creditors, and obtained the pledged shares during the delisting period, which granted the client the positive standing when participating in the restructuring of the listed company, with the amount in dispute to be more than CNY 120 million or USD 19 million

• Representing a state-owned financial asset management company and its Hong Kong investment platform against a new energy automobile enterprise in the litigation and enforcement proceedings in a case concerning an overseas loan guaranteed by a domestic security package with the subject amount exceeding USD 100 million, successfully obtaining the property preservation order with the full amount in dispute within a relatively short period of time, forcing the counterparty to approach for settlement and eventually obtained a once-and-for-all settlement agreement and the corresponding enforceable court mediation paper. The client has been compensated by full payments  

• Representing a listed securities company to enforce the arbitral award regarding a pledged-stock-repurchase transaction in the amount of CNY 180 million or USD 29 million and to achieve the cross-province transfer of the seized property; remedying the flaw in relevant transaction rules for pledged-stock-repurchase and eventually persuading the enforcement court to dispose the stocks to fully realize the client's rights

• Representing a subsidiary of an asset management company to claim creditor's rights in the amount of more than CNY 170 million or USD 28 million through CIETAC arbitration and court proceedings, and to intervene and participate in the prior attachment proceedings and enforcement proceedings initiated by other creditors; successfully initiating special procedures, realizing security rights and reaching settlement with the counterparties at the level of the High Court; reaching an agreement on the transfer of creditors' rights after entering enforcement proceedings fulfilling the client's full rights in cash

Domestic and Overseas Investments, OBOR

• Representing a leading state-owned metallurgy company in the arbitration proceedings before SIAC against a public-listed steel company in an OBOR country in relation to the disputes arising from engineering and supply of equipment concerning a cold-rolling steel mill, with the amount in dispute to be more than CNY 200 million or USD 27 million, and obtaining a total-winning award confirming all claims of our party including legal fees and arbitration fees and dismissing all counter-claims of the counterparty, which is one of the very few outstanding examples of enterprises engaging lawyers from the mainland of China to lead overseas arbitration proceedings and with much lower costs and less time expenses to obtain a fully satisfactory outcome

• Representing a state-owned financial service company and acting as its counsel in the arbitration proceedings before HKIAC against a Hong Kong investment company owned by a well-known energy industry investment fund in relation to the disputes arising from a financial service agreement under Hong Kong law; successfully obtaining the interim measure order from the court in the mainland of China, overcoming the adverse impact of COVID-19 epidemic on the hearing, organizing witnesses to testify and cross-examining the respondent's witnesses without the support of barristers, and eventually pushing the arbitral tribunal to render the award within two months after the hearing

• Representing a multinational investment group and a foreign natural person in the arbitral proceedings before HKIAC against a well-known education group in the mainland of China and its affiliate under the unfavorable circumstances such as the VIE structure, being the warranty of shareholder's control, had been broken, with Hong Kong law as the applicable law and involving five jurisdictions namely, Cayman, Hong Kong, the mainland of China, Bahamas, and Canada

• Acting as representing lawyer in numerous cases before arbitration institutions or PRC courts on behalf of foreign and domestic clients for disputes arising from investment and return, effectiveness of Valuation Adjustment Mechanism clause and profit-sharing clause, interest protection and information disclosure to financial investors or minority shareholders involving Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures, and PE/VC investment, etc.

• Representing several Chinese mainland enterprises in disputes with foreign sovereign states arising from construction and investment projects within Belt and Road Initiative (BRI) jurisdictions, with the mandate including participation in treaty-based investment arbitrations before ICSID and other forums

Chemical

• Representing a European enterprise acquired by a major mainland of China state-owned equipment group in a contractual dispute with a local petrochemical company arising from EU and UK sanctions relating to Russia

• Representing a potassium nitrate fertilizer company in litigation against a major solar-energy developer arising from a high-value sales contract

• Representing a leading French luxury cosmetics group in an ICC arbitration against a mainland of China company, resolving the dispute through an amicable settlement

• Representing a prominent fertilizer and chemical manufacturer and trader from Europe in defending against multiple simultaneous arbitration claims before CIETAC 

Environmental, Energy, Oil, and Gas

• Representing a major state-owned oil company in parallel proceedings arising from an oil sales contract with an offshore company, including SIAC arbitration, anti-suit proceedings before the Singapore High Court, and PRC litigation, successfully navigating intricate issues including U.S. sanctions, the separability of arbitration agreements, frustration of purpose under English law, and conflicts between international arbitration and domestic courts

• Representing a mining company and its agent in a cross-border bulk-commodities dispute against an Indian company arising from an iron ore sales contract

• Representing a multinational energy and mining investment fund in recovering investment returns from multiple financing parties and guarantors in Singapore and mainland of China, in a matter concerning the exploration and development of major metal mines in Indonesia and mainland of China and involving approximately USD 200 million

• Representing a major insurance company in defending against high-value insurance-claim litigation brought by a mining company and other parties, in which the Inner Mongolia High People's Court upheld the first-instance ruling to dismiss the claimant's action

• Representing a prominent US oil company in a cross-border dispute with a Sichuan-based chemical materials company arising from an oil sales contract

• Representing a mining company in the administrative investigations arising from the environment and safety accident caused by geological collapse due to reconstruction of an iron mine in Northeast China in relation to environmental compliance, administrative penalties, and criminal liabilities; representing the client in tort and contractual disputes involving personal and property rights and seeking for damages against counterparties

• Advising a company registered in Hong Kong SAR in negotiation with the world largest semiconductor and solar system equipment manufacturer for matters after the termination of the distribution agreement; preparing for the litigation in China and the arbitration overseas; eventually reaching settlement agreement with the counterparty after over one year and four months of negotiation

• Representing a Hong Kong WFOE in an arbitration case in the mainland of China against a domestic new energy company concerning a photovoltaic material supply contract dispute and achieving a complete victory

• Advising a holding company registered in Hong Kong SAR in negotiation with a Fortune 500 company manufacturing petroleum equipment in the U.S.; representing the client in the arbitration process taken before AAA-ICDR; after the counterparty raised the proposal to mediate, eventually reaching settlement agreement with payment of USD several million to the client

• Representing a world-famous oil company to claim its creditor's rights against purchasers in the mainland of China under the contract for international sales of goods

Steel and Machinery

• Representing a major U.S. pump manufacturer in an arbitration case; formulating the strategies for reconciliation and arbitration; traveling to Tianjin port for an on-site investigation; coordinating the client, the import agent, the broker, the manufacturer and the end-user to settle

• Representing a state-owned machinery enterprise against the supplier in an equipment purchase contract dispute regarding the construction of a power station in a jurisdiction along the OBOR through court proceedings in the mainland of China

• Representing a subsidiary of a state-owned building materials enterprise to claim its creditor's right against steel mills in northern part of the mainland of China with the amount of over CNY 40 million or USD 6 million

Construction

• Representing a major aluminum engineering company in litigation against a real-estate developer arising from a curtain-wall construction project, with more than CNY 100 million or USD 15 million in dispute

• Representing an electricity group in a series of construction-contract disputes arising from transformer and power-distribution installation projects in Urumqi, Xinjiang and Baotou, Inner Mongolia; obtaining favorable judgments through first-instance, appellate, and the Supreme People's Court retrial proceedings and recovered the full claim through enforcement

• Representing a foreign enterprise, as the project owner, in negotiations and first-instance litigation against a local construction company concerning construction quality and other issues

• Representing a company from the Province of Taiwan in an EPC dispute against a Korean company, with the arbitration administered by the Korean Commercial Arbitration Board (KCAB) under the ICC Rules

International Sales of Goods, Medical Products/Equipment and Life Science

• Representing a comprehensive PRC steel and iron trading company in the arbitration process before Dubai International Arbitration Center (DIAC) concerning an international sale of goods dispute; successfully breaking through the barriers set by the opposing party on the ground of jurisdiction and convincing the tribunal to render an award without hearing process; eventually reached a settlement with the counterparty when enforcing the award

• Representing a large private chemical company in the mainland of China to respond to court proceedings in Europe against an overseas purchaser in disputes concerning the terms of Letter of Credit and the quality of goods; simultaneously initiating parallel proceedings before the court in the mainland of China and obtaining a judgment entirely in the client's favor

• Representing a listed technology and chip company to bring the claims before CIETAC for compensation and specific performance of the sales contract with a Finnish hi-tech company involving tightened restriction on transfer of high-tech equipment to mainland of China companies; successfully rebutting the counterparty's challenges and obtained the tribunal's decision confirming our party's claims

• Representing a French company to bring the claim against a mainland of China medical device supplier before HKIAC and apply for interim measures in the mainland of China, as the sole counsel to the client, representing the client throughout the arbitration proceedings and obtained highly favorable arbitral award, and then expediting its recognition and enforcement despite pandemic-related disruptions

• Representing a foreign medical company on a sales contract arbitration against a Chinese medical equipment production company in the amount of more than CNY 60 million or USD 9 million; obtaining an award fully in favor of the client, then defeating the counterparty's efforts to set aside the award and helping the client enforce the award by remitting the funds collected within two months to the client's accounts in its home country

• Representing a high-tech medical-device company in a series of disputes with a listed pharmaceutical company arising from sale and purchase of COVID-19 prevention materials

• Representing a medical-device manufacturer, as the purchaser, in a series of disputes with a major M&A fund, as the financing party, arising from the proposed acquisition of an overseas target. The matters included disputes under an investment term sheet, unfair-competition claims for misappropriation of trade secrets, a share-transfer agreement dispute, and disputes over distribution rights, with approximately CNY 300 million or USD 45 million in dispute

Wholesale and Retailing

• Representing a comprehensive wholesale and retailing dealer in litigation brought by a long-established food company arising from a purchase and sale relationship spanning many years and involving product deliveries, discounts and system settings, with more than CNY 20 million or USD 3 million in dispute

• Representing a world-famous retailing company in the arbitration proceedings concerning a lease contract against the landlord for damages and compensation of early termination including anticipated profits; reaching a settlement agreement far beyond the client's expectation with the landlord after more than one year of adjudication and mediation

• Representing a world-famous retailing corporation in an arbitration in the mainland of China concerning 20,000 square meters rental properties against the landlord and claiming the loss of expected profits due to the early/wrongful termination of contract and obtaining an outcome substantially exceeding the client's expectations

• In court proceedings, representing an international pizza maker and franchisor in a lease contract dispute against the landlord as defendant for alleged damages from early/wrongful termination in the first instance and the second instance, as well as the enforcement proceeding; ending up with no compensation payment to counterparty 

• Representing a well-known health care and consumer products company in unfair competition and tort disputes with a food production and sales company and its de facto controller, and representing the client in dealing with the complaints from consumers and professional detectives, and responding to investigations by market regulators, and providing legal advice on compliance issues

Culture, Entertainment, and Sports

• Representing a well-known U.S. entertainment and culture company in a licensing contract dispute related to Avatar against three companies from respectively Singapore, Hong Kong SAR, and the mainland of China; going through proceedings such as jurisdictional challenges, the trial of first instance at the Intellectual Property Court, appeals at the High Court, and obtaining a full exemption from liabilities on behalf of the foreign client and its upstream licensors

• Representing a unicorn company in the pet industry in a share-repurchase investment contract dispute related to a well-known movie in a huge amount; obtaining the outcome that most of our claims were upheld including rights over the movie and its derivatives products

• Advising a well-known Chinese mainland healthcare and consumer products company on advertising-endorsement disputes with several celebrities, involving characterization of false advertising, the circumstances and consequences of terminating endorsement agreements, liabilities allocation in consumer claims, and online reputation management

• Representing a well-known China Football Association Super League club in the recognition and enforcement of an HKIAC award against two leading European consulting companies in football industry

• Representing a prominent foreign player in a contractual dispute against a well-known China Football Association Super League club

• Representing a China A-League football club against a player in a contract dispute regarding his remuneration 

Maritime, Shipping, and Aviation

• Acting as the counsel for a large European food manufacturer and trader to respond to court proceedings against claims of default under an alleged charterer party; obtaining full exemption of liabilities in the first instance and reaching settlement in the second instance with the slightly "symbolic payment" to the shipping company 

• Representing a subsidiary of a famous international shipper to deal with disputes in relation to the return of containers and rentals

• Representing a large European bank as a "dissenting party" to take part in arbitration and court proceedings in relation to an aircraft after-sale leasing deal; eventually releasing tens of aircrafts from court proceedings for attachment and enforcement initiated due to the borrower's incapacity to pay overdue debts, with the amount of more than CNY 180 million

Real Estate Development and Administrative Disputes

• Representing a client in an administrative litigation against a Beijing district government and the Construction Commission regarding housing sales and quality issues, securing a court ruling that fully supported all client claims and ordered the defendants to amend their administrative acts and issue a new decision

• Representing a large-scale state-owned logistic enterprise in response to a huge amount of claims by a municipal government involving a large piece of land development; fully exploring the evidence of the counterparty's dereliction of duties and breach of contract during the past ten years, and ultimately obtaining a judgment reducing the final compensation amount to less than one-tenth of the original claims 

• Obtaining a final judgment in favor of a Hong Kong company in a dispute with a government in the Yangtze River Delta over a land transfer contract dispute that exempted the client from paying the high amount late payment fees while requiring the government to issue the relevant title deeds and pay compensation

Regulatory Defense, Corporate and Commercial Crime

• Representing domestic and foreign invested enterprises to respond to investigation by the financial regulatory, securities regulatory, medical products administration, market supervision, and quality supervision; providing advice on compliance issues, participating on-site investigation, accompanying the clients' management members to conversation initiated by regulators, and eventually exempting the clients from regulatory measures and penalties 

• Providing legal services to a well-known entrepreneur for alleged criminal charges and detention by the police regarding concealing proceeds and profits of crimes in relation to an overseas investment project involving approximately CNY 1 billion or USD 150 million, including but not limited to requesting information from the police and public procuratorate, meeting the suspect, applying for bail and submitting legal opinion; with our efforts, the public procuratorate eventually decided not to grant the arrest warrant and changed the compulsory measures from detention to residential surveillance, and the client was eventually released with no any charge 

• Representing a famous technology group company from the Province of Taiwan to deal with disputes caused by the supplier's commercial bribery through arbitration, court proceedings and regulatory investigation with the amount of more than CNY 20 billion or USD 3.2 billion

• Representing a Singapore company to deal with a joint venture contract dispute by arbitration and court proceedings as well as criminal proceedings

Bankruptcy, Liquidation and Restructuring

• Representing a state-owned bank and its investment platform in the bankruptcy restructuring of a leading food industry company, assisting the client in filing claims, attending creditors' meetings, representing the client in bankruptcy-related litigation cases, etc. 

• Representing a world-leading energy and petrochemical company in the bankruptcy proceedings of the largest methanol trader in the mainland of China, assisting the client in filing claims arising from purchase and sale contracts and attending creditors' meetings

• Representing the largest guarantee company in China in the bankruptcy proceedings of a gardening company in Jiangsu, filing claims and attending creditors' meetings

• Representing a trust company under a large state-owned group in the bankruptcy proceedings of a real estate company in Fujian, representing the client in filing claims and attending litigation cases, etc.

  
  

Recognition and Enforcement of Foreign Arbitration Award

• Representing a company from the U.S. to recognize and enforce arbitration award rendered by AAA-ICDR; during the court hearing rebutting the arguments made by the counterparty that no adequate notice and chance to participate in the arbitration proceedings; obtaining the province's first PRC court ruling recognizing a foreign arbitral award within two months; reaching settlement with counterparty to enforce the award

• Representing the world's largest grain producer and trader to recognize and enforce an International Cotton Association (ICA) arbitral award in the mainland of China

  
  

Expert Witness

• Issued expert opinions on corporate law, banking and financing regulations, foreign exchange, and foreign debt of China's mainland in cases heard by a number of international arbitration institutions and foreign courts (including HKIAC, the High Court of Hong Kong, SIAC, the Singapore International Commercial Court, the High Court of Singapore, etc.)