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

Ms. Huawei Sun specializes in international commercial and investment treaty arbitration. Over her twenty years of practice, she has represented clients in international commercial and investment treaty cases adjudicated under arbitration rules of LCIA, ICC, SIAC, HKIAC, CIETAC, and ICSID. Her expertise extends to specialized arbitration governed by the LME arbitration rules and ad hoc arbitration administered in accordance with the UNCITRAL arbitration rules. Ms. Sun has a 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, and 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, Ms. Sun is a well-recognized leading practitioner in China and has accumulated significant experience from an array of cases and hearings involving China.

Ms. 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

  • In Ansung Housing Co., Ltd. v. People's Republic of China, ICSID Case No. ARB/14/25, assisted MOFCOM to represent the People's Republic of China in defending against a claim brought by a South Korean investor, resulting in a complete success, with the case being 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, advised MOFCOM on representing the People's Republic of China in response to the relevant proceedings, which is 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, assisted the government of Peru in defending against the claim initiated by a Chinese investor, which is a landmark case, as it is the first to consider whether an investor from Hong Kong SAR is protected by a Chinese BIT and the scope of the amount of compensation that can be referred to arbitration


International Commercial Arbitration

  • Represented a Global 500 Chinese company in an LCIA proceeding involving USD 500 million brought by its Russian business partner over a contract for the funding and management of an oil and gas exploration project in Kazakhstan and successfully defended the client, where at the initial stage, Ms. Sun' team 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 against an HKIAC arbitration brought by a Brazilian company in relation to a dispute over a share transfer agreement and prevailed on counterclaims, with the case involving 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 an 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 and 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 HKIAC 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, services including handling 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 Nigerian government's taxation measures, involving an ICC arbitration and administrative court proceedings before 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, involving ad hoc arbitrations in London as well as London court proceedings

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

  • Represented an international investment bank in bringing an arbitration claim before CIETAC in relation to an interest swap transaction, which is 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

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

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

Who's Who Legal: Arbitration, 2019-2023

National Leader, Who's Who Legal, 2020 and 2022

Global Leader, Who's Who Legal, 2021 and 2023

Recommended Lawyer, 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, 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, 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, 2023)

Memberships & Affiliations

Arbitrator, CIETAC

Arbitrator, HKIAC

Member, HKIAC Appointments Committee

Vice Chair, IBA Asia Pacific Arbitration Group

Publications

"Requirements of Ratione Personae in a Global Environment" (published in English), The Investment Treaty Arbitration Review, Law Reviews, 2020-2022

"Political Risk Insurance Chapter" (published in English), The Investment Treaty Arbitration Review, Law Reviews, 2017-2019

"China Chapter, International Comparative Legal Guide: Investor - State Arbitration 2019" (published in English), Global Legal Group

"Emerging Investment Treaty Arbitration Practice in China" (published in English), 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, March 22, 2019 (see: Emerging Investment Treaty Arbitration Practice in China | Proceedings of the ASIL Annual Meeting | Cambridge Core)

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

"China Chapter" (published in English), Enforcement (2015-2017), GAR Know-how

"Bold Move by Shanghai Court in Interpreting the Phrase ‘Foreign-related Element’: a Direction to Follow?" (published in English), Kluwer Arbitration Blog, June 9, 2016 (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" (published in Chinese), China Forex, Issue 19, 2016

Related

  • Bar Admissions/Professional Qualifications

    New York State Bar

  • 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