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Xuan JIANG
Equity Partner / Beijing
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Tel +86-10-5087-2889
Email jiangxuan@zhonglun.com
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Practices
Litigation & Arbitration, Compliance & Investigation
Xuan JIANG
Mr. Jiang specializes in dispute resolution, compliance and investigation.
Mr. Jiang has rich experience in providing legal services for commercial dispute resolution to listed companies, state-owned enterprises, financial institutions, and multinational corporations. He is particularly skilled in handling shareholder disputes, disputes over corporate control and corporate governance, cross-border corporate disputes, joint venture and cooperation disputes, investment and merger disputes, and commercial contract disputes. Mr. Jiang is adept in effectively managing, simultaneously moving various legal procedures along and taking action in such procedures concerning civil, administrative, and criminal matters arising from vying for corporate control and responding to crises. He is also proficient at addressing emergencies on-site, assisting clients in stabilizing corporate management and control, and successfully lifting clients out of crises. In cross-border corporate disputes, Mr. Jiang is capable of effectively coordinating and moving ahead with relevant legal work across various jurisdictions.
Mr. Jiang has profound expertise in providing compliance legal services to renowned domestic and foreign enterprises. He has assisted a large number of Chinese enterprises in responding to compliance inquiries, investigations, and prohibitions from multilateral development banks (MDBs), international institutions, and foreign judicial institutions. He is familiar with the work of multiple roles such as corporate legal advisor, compliance supervisor, and compliance investigator, and has successfully helped multiple enterprises stave off prohibitions and other adverse consequences while securing for them less stringent prohibitions and lifting of sanctions by multilateral development banks (MDBs) through the development of a compliance system. Mr. Jiang is also skilled in assisting various enterprises to deal with domestic investigation and inquiry, administrative punishment, and criminal investigation/review and prosecution.
Mr. Jiang is a member of the Foreign-related Lawyer Talent Pool of the Beijing Lawyers Association and a specialist mediator of the Singapore International Mediation Center. He has been awarded the honors of Outstanding Lawyer of the Year and Excellent Lawyer of the Year by Zhong Lun for multiple times.
Representative Matters
Corporate Control Disputes
Represented Bitmain, a global leading blockchain chip design and equipment manufacturer with a market capitalization of over CNY 80 billion, in a corporate control dispute, providing comprehensive legal services related to corporate governance, labor relations, asset protection, supply chain management, intellectual property and trade secret protection, taxation, etc. and handled over 50 concurrent civil, administrative, criminal, and other legal proceedings for the client at the peak of the mandate, ultimately successfully turning the unfavorable situation around and getting the major shareholder to accept a settlement favorable to the client
Represented Peking University and Founder Group against former executives and their affiliates over control of Founder Group (which is the largest and most influential university-run enterprise in China and controls six listed companies and billions of assets), winning a judicial confirmation that 65% of the equity in Founder Group belongs to Peking University; represented Founder Group in shareholder confirmation litigations to take control of the "off-record entities" and resolve over CNY 2 billion lending disputes with these entities
Represented Jiangsu Tourism Group over control of China United Travel ("CUT", 600358.SH) and related disputes, where we dealt with a share transfer dispute concerning 29% equity in CUT, and at the same time appointed new management of CUT, restored its corporate governance and business management, secured control of CUT’s subsidiaries/branches, responded to regulatory inquiries, and filed criminal and civil proceedings against the original actual controllers and former management
Represented a leading digital-tech company against its original controlling shareholder (a company delisted from Nasdaq) in disputes over removal of a shareholder, withdrawal of contributed capital, funds embezzlement, and corporate control and handled over 20 concurrent civil, administrative, criminal, and other legal proceedings at the peak of the mandate, assisting the client in maintaining corporate governance and business management
Shareholder Disputes & Governance Disputes
Represented an investor in corporate governance disputes concerning iBox, the largest NFT platform in China, where we successfully assisted the investor in obtaining CNY 50 million in dividends through corporate governance procedures and a profit distribution lawsuit, and further protected the legitimate rights and interests of the client through criminal and civil proceedings
Represented a semiconductor company in a series of disputes arising from equity holdings, company registration, and executive resignation, including assisting the client in enhancing its corporate governance and equity structure and defending the client in company registration disputes filed by former executives as nominal shareholders
Represented an equity investment fund in an investment dispute concerning WuXi NextCODE (a bio-tech unicorn that provides gene sequencing and bioinformatics services), involving spin-off of Chinese VIE entities, overseas restructuring, shareholder rights under the Cayman structure, and other high-stake matters
Joint Venture Disputes
Represented a Chinese oil and gas company against a foreign contractor in an UNCITRAL arbitration over the exploration, development, and production of a natural gas field, as well as in natural gas sale disputes, involving about CNY 3 billion
Represented a South Korean industrial group in a dispute with its joint venture company in Shenyang, involving the abuse of control over the joint venture company, and successfully persuaded the local court to dismiss all claims of opposing party totaling over CNY 1 billion
Represented Sinopec against CNPC in a dispute over a joint venture company owning 18 oil and gas stations, and at the same time handled and won a case before the Supreme People's Court regarding the validity of the joint venture agreement and its supplementary agreements
Financial Investment Disputes
Represented Nomura Securities in a large-scale syndicated loan dispute involving two Chinese companies listed in Germany with a total disputed amount of USD 190 million and involving multiple jurisdictions, hybrid criminal and civil procedures, domestic litigation procedures, and cross-border bankruptcy reorganization procedures, as well as litigation in Taiwan, China
Represented a branch of Agricultural Bank of China in a civil-criminal case implicating the branch’s former head of private banking, who forged the official seal and committed crowdfunding fraud, involving an amount of over CNY 800 million and more than 100 victims, and successfully assisted the client in applying for a retrial before the Fourth Circuit Court of the Supreme People's Court
Represented Agricultural Bank of China in an over CNY 1 billion dispute concerning an A-share listed company over pledged securities
Represented various financial institutions including Bank of China, Ping An Bank, Langfang Bank, Yunnan International Trust, Huarong Equity Investment Fund, and Wanjia Fund in various types of financial loan disputes, bond default disputes, PE disputes, enforcement objection procedures, and bankruptcy reorganization procedures
Commercial/Corporate Disputes
Represented ZhongYiDa (600358.SH) in an enforcement objection lawsuit regarding joint guaranty, involving complex issues such as the equity reform of listed companies, loss of control of wholly-owned subsidiaries, asset restructuring, and bankruptcy liquidation of a subsidiary previously wholly owned by the client
Represented a well-known investment fund in an acquisition dispute with a famous American media group and filed for arbitration before HKIAC
Represented the actual controller of the company under the brand of "Dongfang Jiaozi Wang" in a CIETAC arbitration related to the exit of foreign shareholders and share repurchase
Represented a state-owned enterprise in the substantive consolidated restructuring of HNA Group and its 320 affiliates, and successfully protected the client’s legal rights and interests as a minority shareholder of two consolidated entities by relieving the two entities of guaranteed debt hitting over CNY 1.08 billion
Compliance & Regulatory
Handled a criminal investigation and prosecution of suspected solid waste smuggling implicating a multinational company and its Chinese executives. The case involved goods that had been imported for nearly 20 years, with a total value of over USD 1 billion, and multiple downstream industries in China. Being regarded by Chinese regulators as a major guiding case in the "Blue Sky Action", the case was subject to the close watch of the General Administration of Customs. Favorable outcomes were secured, with two executives spared from the investigation by the procuratorate, one executive cleared of criminal charge, and the multinational company and its Chinese subsidiary exempted from prosecution
Represented Orient Futures and its investment managers in response to an administrative investigation by the China Securities Regulatory Commission and the proposed punishment, and obtained the result of "exempt from administrative punishment" through defense and hearing procedures
Advised the Chinese subsidiary of a multinational medical device company on medical device product quality compliance and successfully responded to an administrative investigation into the registration of medical devices, triggered by the death of a patient and relevant complaints
Represented numerous enterprises across the industries of transportation infrastructure, electric power infrastructure, chemical infrastructure, water conservancy, and hydropower, among others, in investigations and lifting of sanctions imposed by World Bank, Asian Development Bank, African Development Bank, and other multilateral development banks
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Bar Admissions/Professional Qualifications
Member, All China Lawyers Association
Specialist Mediator, Singapore International Mediation Center
Member, Foreign-related Lawyer Talent Pool, Beijing Lawyers Association -
Education
LL.M. in Civil and Commercial Law, China University of Political Science and Law, 2015
LL.M. in International & European Law, University of Hamburg, Germany, 2013
LL.B., Ningbo University School of Law, China, 2012 -
Professional Experience
Equity partner,Non-equity partne, Associate,Zhong Lun Law Firm, 2017 to present
Associate, JunHe LLP, 2015-2017 -
Languages
Chinese
English