"New Financing" Cases and Traditional Banking and Financing Cases

• 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 CNY110M or USD15.8M, 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 CNY350M or USD50M. The award fully adopted our core submissions and ordered the counterparty to compensate all the principal and legal costs in cash. Also successfully assisting the client in dismissing the other party's annulment application to the award before Shanghai Financial Court who made this case to be a "Model Case". Eventually assisting the client to enforce the award and obtained all funds

• 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 CNY120M or USD19M 

• 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 US$100M, 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 recovered the initial instalments of the repayment with the rest being repaid in an orderly manner  

• Representing a listed securities company to enforce the arbitral award regarding a pledged-stock-repurchase transaction in the amount of CNY180M or USD29M 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 CNY170M or USD28M 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 equipments concerning a cold-rolling steel mill, with the amount in dispute to be more than CNY200M or USD27M, 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 and etc. 

• Representing a trans-national energy and mineral investment fund to claim its creditor's rights against financing parties and guarantors with the overall amount to be more than CNY1.3B or USD0.2B in which numerous large metal mines located in Indonesia and the mainland of China are involved

• Representing a domestic company to handle disputes concerning project contracting and investment in a country along the "OBOR" and to initiate an arbitration before the International Centre for Settlement of Investment Disputes (ICSID)

Chemical

• Representing a French chemical company in an arbitration case before the Arbitration Court of ICC and settling the case through reconciliation

• Representing a prominent fertilizer/chemical manufacturer and trader from Europe to simultaneously response to several arbitrations claims before CIETAC 

• Environmental, Energy, Oil and Gas:

• Representing a mining company in the administrative investigations of 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 equipments 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 WOFE 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 world 500s company manufacturing petroleum equipments in the USA; 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 roughly CNY15.8M or USD2.5M 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 US pump manufacturer in an arbitration; 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 equipments 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 CNY40M or USD6M

Construction

• Representing an electric product company against parties in a country along the "OBOR" in a general contract and subcontract dispute concerning construction of a government building with the amount to be more than CNY80M or USD13M

• In court proceedings representing a foreign company as the owner against a construction company in Hebei province for claim of quality and fiscal settlement

• In an overseas arbitration representing a company with China background against a company from South Korea under an EPC agreement before Korea Chamber of Arbitration Board

International Sales of Goods

• Representing a comprehensive PRC steel and iron trading company in the arbitration process before 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

• Representing a high-tech company in the field of medical devices in a series of disputes against a listed pharmaceutical company in relation to the sale and purchase contracts of COVID-19 prevention materials

Wholesale and Retailing

• 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 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

• 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 fast-moving consumer products company in unfair competition and tort disputes with a food production and sales company and its de facto controller, and assisting the client in dealing with the complaints from consumers and professional counterfeit detectives and investigations by market regulation authorities, and providing legal advice on compliance issues

Technology Equipments and Services

• Representing a world-famous business technology equipments manufacturer and service provider in numerous arbitrations for service contract disputes concerning strategy consulting and construction of information system

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 ultimately protected the legitimate rights and interests of the foreign client and its upstream licensors, and obtaining a full exemption from liabilities

• Representing an "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 upheld including rights over the movie and its derivatives or peripheral products 

• 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 response 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 CNY180M

Administrative Disputes

• In an administrative litigation against a Beijing district-level government and the Construction Commission on the sale and quality issues of housing, obtaining the outcome that claims fully supported by the court ruling the administrative bodies being sued to amend their specific administrative acts and to make anew 

• Representing a large-scale state-owned logistic enterprise in response to huge amount of claims by a municipal government involving 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 issue the relevant title deeds and pay compensation

Corporate and Commercial Crime

• 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 CNY1B or USD150M, 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 Taiwan to deal with a dispute caused by the supplier's commercial bribery through arbitration and court proceedings with the amount of more than CNY20B or USD3.2B

• 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, assisting the client in filing claims and attending ligation cases, etc.

Recognition and Enforcement of Foreign Arbitration Award

• Representing a company from the U.S. to recognize and enforce arbitration award made 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 a court judgment to recognize the arbitration 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 mainland China law related to corporate law, banking and financing regulations, foreign exchange and foreign debt in cases heard by a number of international arbitration institutions and foreign courts (including HKIAC, the High Court of Hong Kong, SIAC, and the Singapore International Commercial Court, etc.)