ENG

  • Huawei SUN

    Senior Counsel / Beijing

  • Tel +86-10-5957-2288

    Email sunh@zhonglun.com

  • Practices

    Litigation & Arbitration, Compliance & Investigation

  • Industries

    Energy & Power, Mining & Natural Resources

CV

Huawei SUN

Huawei Sun specialises in international commercial and investment treaty arbitration. In her twenty years of practice, she has represented clients in international commercial and investment treaty cases conducted under the LCIA, ICC, SIAC, HKIAC, CIETAC and ICSID arbitration rules, in specialised arbitration under the LME arbitration rules, and ad hoc arbitration conducted under the UNCITRAL arbitration rules. She has strong track record in resolving cross-border disputes concerning energy, construction projects, financial products, private equity fund, real estates, joint ventures and M&A transactions, with governing laws such as English law, Hong Kong law, Swiss law, Dutch law, covering disputes in Europe, Asia, North America, Africa and Latin-America. Ms. Sun has abundant experience in conducting advocacy and cross-examining witnesses in English. She also often works with barristers to handle hearings on behalf of Chinese clients.

In the field of international investment arbitration, Huawei Sun is a well-recognised leading practitioner in China, and has accumulated significant experience from a number of cases and hearings involving China.

Huawei Sun is also an experienced arbitrator. Since 2009, she has served as sole arbitrator, co-arbitrator or presiding arbitrator in more than 50 domestic and international arbitration cases.

Representative Matters

Investment Treaty Arbitration Cases

  • In Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25, assisting MOFCOM to represent the People’s Republic of China in defending a claim brought by a Korean investor with a complete success. This is the second international investment arbitration brought against China and the first in which a tribunal was constituted and a final award delivered.

  • In Ekran Berhad v. People’s Republic of China, ICSID Case No. ARB/11/15, advising MOFCOM and assisting the People’s Republic of China in actively responding to and participating in the relevant proceedings. It was the first ICSID case ever brought by a foreign investor against China.

  • In Tsa Yap Shum v. Republic of Peru, ICSID Case No. ARB/07/6, assisting the government of Peru in defending the claim initiated by a Chinese investor. This was the first case that considered whether an investor from Hong Kong S.A.R is protected by a Chinese BIT and discussed the scope of the amount of compensation to be referred to arbitration.

    International Commercial Arbitration Cases

  • Represented a Global 500 Chinese company in an LCIA proceeding brought by its Russian partner over the funding and management of an oil and gas exploration contract in Kazakhstan and successfully defended the USD 500 million claim. At the initial stage of the case, we obtained an anti-suit injunction from a London court which successfully put an end to the litigation proceedings commenced at a court in Kazakhstan.

  • Represented two Chinese individual shareholders to successfully defend an HKIAC arbitration claim brought by a Brazil company in relation to a dispute over a share transfer agreement and prevailed on counterclaims. The case involved a complicated post-closing price adjustment mechanism.

  • Represented multiple well-known overseas private equity investors in an HKIAC arbitration case with claims totaling over USD 700 million against the founder and the group companies and obtained a consent award

    to the satisfaction of the clients.


  • Represented a well-known private equity investor in an HKIAC arbitration case against the founder and the group companies and obtained a favorable award supporting the revocation of the share purchase agreement and the refund of the full purchase price. We also assisted the client in obtaining a Mareva Injunction before a Hong Kong court and an injunctive relief before a US court, which ensured the effective enforcement of the award.

  • Represented two Chinese well-known angel investors in bringing an HKIAC arbitration case against a Swiss company and its founders under a share purchase agreement and obtained a favorable award supporting termination of the agreement and the refund of the clients’ paid-in purchase price.

  • Represented the Hong Kong subsidiary of a listed Chinese company in bringing a London Metal Exchange (LME) arbitration claim against a Switzerland-based international commodity trading company over disputes arising from the sale and delivery of precious metals. The arbitration also involved parallel interim relief proceedings before a South African court.

  • Advised a Chinese state-owned oil company in relation to a dispute with Nigerian National Petroleum Corporation regarding a production sharing contract and the government’s taxation measures. The case involved an ICC arbitration and administrative court proceedings in the Nigerian courts.

  • Advised a Chinese state-owned petroleum company in a price adjustment dispute with multiple international gas companies under gas supply agreements.

  • Represented a number of large Chinese banks in the resolution of disputes arising from letters of guarantee for advance payment issued in relation to ship-building contracts. The disputes involved ad hoc arbitrations in London as well as London court proceedings.

  • Represented Danone side in the CIETAC arbitration in a series of Danone-Wahaha disputes, which has attracted wide media coverage.

  • Represented an international investment bank to bring an arbitration claim before CIETAC in relation to an interest swap transaction. This was the first case to examine the enforceability of derivatives transactions in arbitration in China.


Honors and Awards

For Individual

Leading Individual in Dispute Resolution: Arbitration in China, Legal 500 , 2023

Distinguished Practitioner in Dispute Resolution, Asialaw Profiles, 2023

Benchmark Asia-Pacific’s Top 100 Women in Litigation, 2022

Litigation Star in 2022 Asia Pacific in Dispute Resolution, Benchmark Litigation 2022

Listed in Who’s Who Legal: Arbitration in five consecutive years (2019-2023) and recommended as National Leader in 2020 and 2022, and Global Leader in 2021 and 2023

Recommended Lawyer in both Chambers Global and Chambers Asia-Pacific, 2019

Testimonials

“Huawei is the first person I call when conflicted in a case” “Her work is of the highest rate” (Who’s Who Legal: Arbitration Year 2023)

“Huawei Sun is a pleasure to work with and provides excellent support on our Hong Kong arbitration matters.” “Huawei Sun is one of the PRC’s leading arbitration practitioners. Highly intelligent, combining a profound understanding of the case and the client’s position with a careful eye for the appropriate case strategy.” (Legal 500 Year 2023)

“Sun combines fierce intelligence with a friendly and easygoing manner. Her wide experience in the most complex disputes means that she is able to develop and implement strategies that improve her clients' prospects of success.” (Asialaw Profiles Year 2023)

Memberships & Affiliations

CIETAC, Arbitrator

HKIAC, Arbitrator

Member, HKIAC Appointments Committee

Vice Chair, IBA Asia Pacific Arbitration Group

Publications

“Requirements of Ratione Personae in A Global Environment”, The Investment Treaty Arbitration Review 2020-2022, Law Reviews (English)

“Political Risk Insurance Chapter”, The Investment Treaty Arbitration Review 2017-2019, Law Reviews (English)

“China Chapter, International Comparative Legal Guide: Investor-State Arbitration 2019”, Global Legal Group (English)

“Emerging Investment Treaty Arbitration Practice in China”, Proceedings of the 112th Annual Meeting – International Law in Practice, Volume 112, 2018, American Society of International Law 2019, published online by Cambridge University Press, 22 March 2019 (English) (see: Emerging Investment Treaty Arbitration Practice in China | Proceedings of the ASIL Annual Meeting | Cambridge Core)

“Energy Arbitration in China”, The Asia-Pacific Arbitration Review 2016-2018, Global Arbitration Review (GAR) (English) (see: http://globalarbitrationreview.com/benchmarking/the-asia-pacific-arbitration-review-2017/1036986/energy-arbitration-in-china)

“China chapter”, Enforcement (2015-2017), GAR Know-how (English)

“Bold move by Shanghai Court in interpreting the phrase ‘foreign related element’: A direction to follow?”, Kluwer Arbitration Blog, 9 June 2016 (English) (see: Bold move by Shanghai Court in interpreting the phrase ‘foreign-related element’: A direction to follow? - Kluwer Arbitration Blog)

“Guide on Concluding Overseas Investment Contract”, China Forex, Issue 19, 2016 (Chinese)

  • Bar Admissions/Professional Qualifications

    Attorney-at-law, the State of New York

  • Education

    J.D., Vanderbilt University Law School, 2004
    M.A., University of International Business and Economics, 1996
    B.A., University of International Business and Economics, 1993

  • Professional Experience

    Zhong Lun Law Firm
    Counsel, Allen & Overy Beijing & Hong Kong offices, 2006-2013
    Secretariat, China International Economic and Trade Arbitration Commission, 1996-2000

  • Languages

    Chinese
    English