International Dispute Resolution

International Arbitration

• Investment Arbitration (Seat of Arbitration: London; Project Location: Ghana): Represented a Chinese company in initiating investment arbitration against the Government of Ghana regarding a dispute arising out of a construction project in Ghana. The amount in dispute was around USD 55 million.

• ICC (Seat of Arbitration: Hong Kong; Project Location: Argentina): Represented a Chinese SOE in arbitrations initiated by the employer relating to several wind power stations in Argentina and raised counterclaims for EOT and additional costs. The amount of claim was around USD 128 million, and the amount of counterclaim was around USD 125 million.

• ICC (Seat of Arbitration: London; Project Location: Qatar): Successfully represented a Chinese construction company in an ICC arbitration for the disputes arising out of several subcontracts relating to a construction project in Qatar. The amount in dispute was around USD 16 million.

• ICC (Seat of Arbitration: Thailand; Project Location: Thailand): Represented a Chinese state-owned construction corporation, assisting the client in dealing with disputes arose from a Thailand real estate project with the owner, subcontractors and SPV shareholders. This dispute involves ICC arbitration proceedings and Thailand litigation proceedings. The amount in dispute was around USD 400 million.

• ICC (Seat of Arbitration: Singapore; Project Location: Argentina): Represented a Chinese state-owned enterprise in initiating arbitration against the employer of a large photovoltaic power plant project in Argentina and responding to the employer’s counterclaims. The amount in dispute was over USD 60 million. The dispute also involved an emergency arbitrator proceeding in which the emergency arbitrator ruled in favor of the client, and related court proceedings in China and the U.S.

• ICC (Seat of Arbitration: UK): Represented a Chinese company defending an arbitration on disputes over a lease contract and a consulting service contract and raised a counterclaim on behalf of the Chinese company. The amount in dispute was over EUR 12 million.

• LCIA (Seat of Arbitration: UK): Represented an overseas subsidiary of a SOE in defending an arbitration initiated by a company in Democratic Republic of the Congo involving a value-added tax dispute over commodity transactions. The amount in dispute was over USD 100 million.

• LCIA (Seat of Arbitration: UK; Project Location: Ghana): Represented a Chinese company in an arbitration concerning a construction project dispute in a country in Africa against the owner. The amount in dispute was over USD 60 million.

• ICC Arbitration (Seat of Arbitration: Munich; Project Location: Germany): Assisted a Chinese SOE in a dispute over supply contract of steel components for a newly built bridge in Germany. The dispute involves litigation in Germany and arbitration administered by ICC.

• ICC arbitration (Project Location: Trinidad and Tobago): Acted as counsel for a Chinese company in a contract dispute against a Trinidad and Tobago company.

• SIAC (Seat of Arbitration: Singapore; Project Location: Ethiopia): Assisted a Chinese SOE in resolving its dispute with an Ethiopian state-owned railway company. The dispute arose out of a railway project in Ethiopia and involved claims of EOT and additional costs in the amount of over USD 200 million.

• SIAC (Seat of Arbitration: Singapore; Project Location: Vietnam): Assisted a Chinese state-owned construction company in an EPC contract dispute regarding a traffic infrastructure project in Vietnam. The disputes involve time, settlement, and the impact of administrative actions under the domestic law of the host State on the effectiveness of the EPC contract etc. The amount in dispute was around USD 200 million.

• SCAI (Seat of Arbitration: Switzerland; Project Location: Algeria): Represented a Chinese state-owned oil company in initiating arbitration against a BVI company for the disputes over an agency agreement, applied to the arbitration institution for the appointment of an emergency arbitrator on behalf of the Chinese company, and obtained a favorable emergency arbitrator order.

• HKIAC Arbitration (Seat of Arbitration: Hong Kong): Represented a Chinese financial institution in initiating arbitration against the counterparty for the disputes arising out of equity investment.

• Ad Hoc Arbitration (Seat of Arbitration: Saudi Arabia; Project Location: Saudi Arabia): Represented a Chinese listed company in an ad hoc arbitration proceeding against a Saudi company in relation to the disputes over a large infrastructure project in Saudi Arabia. The amount in dispute was over USD 10 million.

• Ad Hoc Arbitration (Seat of Arbitration: Namibia; Project Location: Namibia): Assisted a Chinese state-owned construction company in an ad hoc arbitration over the dispute arising out of a construction project in Namibia.

• Ad Hoc arbitration (Seat of Arbitration: Germany): Acted as counsel for a Chinese solar company concerning a joint venture dispute in an ad hoc arbitration in Germany.

• Assisted a Chinese SOE in a series of disputes over exploration service in Congo, with the dispute amount exceeding USD 14 million. Relevant procedures including arbitration in China, litigation and interim measures in Republic of the Congo and recognition and enforcement of arbitral awards in Republic of the Congo.

• Assisted a Chinese SOE in a dispute over a defense equipment supply and installation contract between it and an Ecuadorian government department. The amount in dispute was around USD 60 million.

• Assisted a Chinese construction company in its dispute with the Government of South Sudan arising out of an oil development project in South Sudan.

• Represented a state-owned construction enterprise in Beijing in successfully obtaining an order that suspends payment of an independent guarantee issued by the Bank of Kunlun. The ultimate beneficiary of the guarantee was an Iranian company.

• Represented a state-owned construction enterprise in its dispute over contract termination between its employer and subcontractors arising out of an EPC project of a hydropower station in Nepal, and assisted in the settlement.

• Representing a state-owned construction engineering company in its dispute over claims and contract termination between it and the employer of a hydropower station over the Arun river in Nepal

• Assisting a sports brand distributor in China Mainland in its disputes with a Hong Kong company affiliated to a listed company in NASDAQ, including arbitration before the Hong Kong International Arbitration Center.

Litigation, Bankruptcy and Enforcement Proceedings in Other Jurisdictions

• Assisted a Chinese SOE in successfully defending a tort case before court in the New York State of the U.S. with the amount in dispute being around USD 2.7 billion.

• Assisted a state-owned enterprise and its local subsidiary in India in appealing against an unfavorable Decision relating to safeguard duty rendered by the Commissioner of Customs, and successfully obtained a Final Order which sets aside the unfavorable Decision, recovering the loss of over CNY 50 million for the client.

• Assisted a state-owned construction company in its multi-tiered disputes with the employer, subcontractors and SPV shareholders regarding a real-estate project in Thailand. This dispute concerns multiple proceedings of litigation and injunction in Thai courts.

• Assisted a fund management company in seeking enforcement of a SCIA arbitral award in Canada, the U.S. and Cayman Islands.

• Assisted a construction company in seeking enforcement of an ICC arbitral award in India and Qatar.

• Assisted a state-owned investment company in seeking enforcement of a HKIAC arbitral award in Hong Kong and Cayman Islands.

• Assisted local attorneys in applying for recognition and enforcement of a CIETAC arbitral award in Germany and Bulgaria.

• Assisted a Chinese SOE in successfully setting aside an arbitral award before the Singapore High Court and Singapore Court of Appeal and recovered loss of over CNY 400 million for the client. The arbitral award was rendered in a case of international sale of goods dispute administered by an international arbitration institution.

• Assisted local attorneys in representing a Chinese solar company to appeal a court ruling which denies the recognition and enforcement of a CIETAC arbitral award before the Supreme Court of Justice, Austria.

• Assisted a Chinese SOE in participating in the entire voluntary dissolution procedure of its US subsidiary before bankruptcy court in the State of Pennsylvania of the U.S.

• Assisted a company in participating in the personal bankruptcy and reconstruction procedure of Jia Yueting before Central California Bankruptcy Court.

• Assisted local attorneys in representing a Chinese enterprise in an ownership dispute before the court of Bulgaria.

Chinese Law Expert

• Federal Court of Australia – engaged by a Swiss company as expert witness to opine on matters relating to the foreign exchange regulation in China which concerns Chinese administrative and criminal law issues.

• High Court of England and Wales – engaged by Chilean clients as expert witness to opine on issues relating to the enforcement of English court judgments in China and security of costs.

• Court of Appeal of the Cayman Islands – engaged by a Chinese company as expert witness to opine on issues relating to interim measures and emergency arbitrator reliefs in China-seated arbitrations.

• ICC Arbitration, London – engaged as expert witness by a Chinese state-owned enterprise to provide expert opinion on certain issues under the Chinese law.

• ICC Arbitration, Hong Kong – engaged as expert witness to opine on matters relating to the legality of third-party funding under Chinese law et al.

Domestic Dispute Resolution

Acting as Counsel before Domestic Courts

• Represented Beijing Shougang International Engineering Technology Co., Ltd. in an overseas construction letter of guarantee dispute before Xinjiang High People's Court (first instance) and the Supreme People's Court (second instance).

• Represented Sinopec and its branch in a dispute relating to covered mineral resources before the Supreme People's Court (second instance).

• Represented CSCEC Strait Construction and Development Co., Ltd in a construction dispute before the Supreme People's Court (second instance).

• Represented CSCEC Strait Construction in defending the retrial case of construction contract filed by CITIC Bank Fuzhou Branch before the Supreme People's Court. The amount in dispute was over CNY 100 million. The Supreme People’s Court dismissed the application for retrial.

• Represented Beijing Shougang International Engineering Technology Co., Ltd. In the disputes arising out of two EPC contracts before Sichuan High People's Court (second instance).

• Represented the Village Committee of Dongjijiawa Village, Zhifangtou Town, Cang County, Hebei Province in applying for retrial against Cangzhou Liyuan Real Estate Development Co., Ltd before the Supreme People's Court. The dispute arose out of a commissioned construction contract.

• Represented Peking University Science and Technology Development Center in an equity transfer dispute before the Supreme People's Court (second instance).

• Represented Jiangsu Jiaying Property Investment Company in a share transfer dispute before the Supreme People's Court (second instance).

• Represented Tianhe Cheng (Tianjin) Real Estate Investment Co., Ltd. In a land development dispute before Tianjin High People's Court and won a favorable decision. (first instance). The amount in dispute was over CNY 5 billion.

• Represented CETC Taili before the First Intermediate Court of Chongqing and the High Court of Chongqing for a dispute over sales contract between it and GOME Retail Holdings Limited, recovering the loss of over CNY 50 million for the client.

• Represented PipeChina Xinjiang in defending the claims brought by Shibawan Coal Mine Co., Ltd. in Xinluo District, Longyan City, over the compensation for damages caused by covered mine resources. The amount in dispute was CNY 126 million. The Intermediate People's Court of Longyan City, Fujian Province, dismissed all claims of the counter-party and the judgment was upheld by the Fujian High People's Court.

• Represented Beijing Shougang International Engineering Technology Co., Ltd. In an EPC contract dispute before Shanxi High People's Court (first instance).

• Represented China Construction First Group Corporations Ltd. in two disputes over construction contracts before Shandong High People's Court (first instance).

• Represented KPMG in a jurisdictional challenge dispute on the validity of an arbitration agreement in a service contract before the Supreme People's Court (second instance).

• Represented Inner Mongolia Mengniu Diary (Group) Co., Ltd in two disputes before the Supreme People's Court (retrial).

• Represented Zhejiang Haining Jiahui Investment Partnership in a dispute over the equity of a listed company before Shandong High People's Court.

• Represented Huabei Petroleum Administration Bureau Company Limited in a construction dispute before Hebei High People's Court.

• Represented a listed company, China CAMC Engineering Co., Ltd., in its independent guarantee fraud dispute against China Chemical Engineering Second Construction Corporation before Shanxi High People's Court.

• Represented Horqin Left Middle Banner Guodian Zhonxing PV Technology Co., Ltd in a construction dispute before Inner Mongolia High People's Court.

• Represented a natural person and a listed company, Chongqing Zaisheng Technology Co., Ltd, in their share transfer dispute against the shareholders of Suzhou Wei’aipu Co., Ltd before Jiangsu High People's Court.

• Represented a Taiwanese investor in a dispute arising out of share acquisition before Zhejiang High People's Court.

• Represented Zhongrui Investment (Dalian) Co., Ltd. as plaintiff in a loan dispute before Liaoning High People's Court.

• Represented Zhongrong International Trust Co., Ltd. in a trust loan contract dispute before Beijing High People's Court.

• Represented Hainan Zhengnan Investment Co., Ltd in an infringement dispute against Jiangsu Wuxing Assets Appraisal Co., Ltd. before Hainan High People's Court.

• Represented China Construction Bank Investment Company in a property restitution dispute before Shaanxi High People's Court (retrial).

• Represented the municipal government of Ji’an, Jiangxi in an administrative litigation initiated by POMA S.A, a French company.

• Represented PipeChina Xinjiang Coal-made Natural Gas Export Pipeline Co., Ltd., in defending the claims brought by Nanxing Industry, Mining and Trade Co., Ltd. over compensation for the exploration rights of covered lead-zinc polymetallic mines. The amount of dispute was CNY 280 million. After two court sessions, the plaintiff voluntarily withdrew the its claims.

• Represented a Chinese construction company in Shanghai Financial Court to halt the encashment of three on-demand bank guarantees, and received favorable decisions in all three cases.

Acting as Counsel before Domestic Arbitration Commissions

• Represented a Chinese real estate group company in a dispute arising from a real estate cooperative development project before CIETAC. The amount in dispute was over CNY 1 billion.

• Represented a fund management company in an investment dispute against a Shenzhen company before CIETAC. The amount in dispute was over CNY 1 billion.

• Represented a state-owned electric design institute in successfully defending a construction dispute before CIETAC. The amount in dispute was around CNY 110 million.

• Represented a Chinese provincial government in a franchise contract dispute before CIETAC. The amount in dispute was around CNY 3 billion.

• Represented a state-owned oil and gas company in initiating an arbitration over service contract dispute against 2 domestic energy enterprises and received a favorable award. The amount in dispute was over CNY 1 billion.

• Represented an overseas investment company responding to an arbitration over an investment contract dispute before SHIAC. The amount to dispute was over CNY 100 million. The tribunal rejected all the requests from the Applicant.

• Represented a renowned healthcare company wholly owned by a Swiss multinational enterprise in an arbitration involving distribution agreement dispute before CIETAC Shanghai, with all proceedings conducted in English.

• Represent a listed company in Hebei in a sales contract dispute before CIETAC against a Swiss company in initiating the arbitration and responding to its counterclaim of patent infringement.

• Represented an insurance company in over 10 disputes over claim payment transfer agreements against banks and asset management companies before CIETAC.

• Represented a Chinese manufacturer to claim payments against an American purchaser and a Chinese purchaser before CIETAC.

• Represented a beverage packaging company wholly owned by a German-based multinational enterprise in a CIETAC arbitration in which all proceedings are conducted in English.

• Represented an international consulting firm in several arbitration cases concerning service contract disputes before CIETAC.

• Represented a car manufacturer in a foreign-related letter of guarantee dispute before CIETAC.

• Represented a Tianjin-based renowned golf company in a share transfer dispute before CIETAC.

• Represented a Singaporean real estate developer in multiple commercial housing sales contract disputes before TJAC.

Domestic Enforcement and Bankruptcy Proceedings

• Represented a domestic equity fund to apply to the court for enforcement of arbitral award and recovered an amount of CNY 1 billion for the client.

• Represented a cotton trading company incorporated in the Netherlands in applying for recognition and enforcement of an arbitral award by International Cotton Association before Liaocheng Intermediate People's Court of Shandong Province.

• Represented China Construction Engineering Corporation to resist the recognition and enforcement of an award (NO. (070/2008) rendered by SCC.

• Represented ED&F Man (Hong Kong) Limited in proceedings regarding the recognition and enforcement of Award No.158 rendered by the Sugar Association of London. The monumental reply made by the Supreme People's Court confirmed that those violating statutory laws of China do not necessarily violate the principle of public order and good social customs.

• Represented China Life Insurance (Group) Company in eight enforcement supervision cases before the Supreme People's Court.

Acting as Arbitrator

• Sat as arbitrator in three cases between a Hong Kong financial institution and a natural person over a deed of guarantee before HKIAC.

• Sat as the presiding arbitrator in an international construction arbitration between a state-owned construction enterprise in Shanxi and an Indonesian employer before CIETAC. The language of the arbitration was English.

• Sat as the presiding arbitrator in a dispute arising out of a construction project in Pakistan between the Pakistani project owner and a Chinese construction company before CIETAC.

• Sat as the presiding arbitrator in a contract dispute between a Russian mining company and a Chinese construction company before CIETAC.

• Sat as the presiding arbitrator in a dispute under a decoration-designing service agreement before CIETAC.

• Sat as the presiding arbitrator in a dispute between a domestic investment company and a natural person over a limited partnership agreement before CIETAC.

• Sat as the presiding arbitrator in a dispute over an EPC contract for a photovoltaic power project before CIETAC.

• Sat as the sole arbitrator in a construction dispute before CIETAC Silk Road Arbitration Center. It is the first arbitration case administered by the Silk Road Arbitration Center.

• Sat as the emergency arbitrator appointed by BAC in the first arbitration case involving emergency arbitration proceedings of the Chinese mainland, and the decision rendered was enforced by Hong Kong High Court.

• Sat as the sole arbitrator in a services contract dispute before BAC, the applicable law was the law of the State of New York, the language of arbitration was English.

• Sat as the presiding arbitrator in a procurement contract dispute between a Middle Asia oil and gas company and a domestic oil company before BAC, the applicable law was CISG.

• Sat as the presiding arbitrator in a dispute under several agreements regarding a fixed annual yield fund between a Chinese individual and an investment fund management company before BAC.

• Sat as the presiding arbitrator in a dispute between a Ningbo medical device company and a foreign company before SHIAC.

• Sat as the presiding arbitrator in a dispute between a Shanghai electronics company and a construction company before SHIAC.

• Sat as the presiding arbitrator in a dispute between a Jiangsu technology company and an energy and chemical company before SHIAC.

• Sat as the emergency arbitrator appointed by Shanghai Arbitration Commission in the third arbitration case involving emergency arbitration proceedings of the Chinese Mainland of a dispute over equity transfer.

• Sat as the presiding arbitrator in a dispute over company capital increase involving Quartz sand production line project before GZAC.

• Sat as the presiding arbitrator in a share transfer dispute before GZAC.

• Sat as the presiding arbitrator in several share repurchase disputes before SCIA.

• Sat as the presiding arbitrator in several share transfer disputes before SCIA.

• Sat as the presiding arbitrator in a dispute between a state-owned enterprise and the actual controller of a listed company over the transfer of shares before SCIA.

• Sat as presiding arbitrator in several corporate VAM disputes before SCIA.

• Sat as the presiding arbitrator in a dispute over an EPC Contract between a state-owned construction enterprise and a listed domestic jewelry company (the Employer) before SCIA.

• Sat as the presiding arbitrator in a wind power project construction contract dispute before SCIA.

• Sat as the presiding arbitrator in a construction dispute before SJZAC.

Mediation, Negotiation, Dispute Review, Dispute Resolution Consultancy, and Dispute Prevention

• Provided legal services to a state-owned company throughout its construction of a coal-fired power station plant in Bosnia and Herzegovina, and assisted the client in resolving potential disputes with the employer and the downstream subcontractors, and negotiating with the employer in Sarajevo. The investment amount of the power station plant project was over CNY 7 billion, and potential disputed amount exceeded EUR 300 million.

• Assisted a real estate enterprise affiliated to a listed company in negotiating potential disputes over a shopping mall development project with a China central SOE. The amount of disputed was over CNY 180 million.

• Assisted an environmental service company (Fortune 500) in resolving a joint venture dispute with a domestic company.

• Advised Decheng Capital in its potential corporate disputes with Dragon Crown Medical Co., Ltd.

• Advised China Petroleum Pipeline in its dispute arising out of a leasing agreement for Hengyi Building and successfully reached a settlement.

• Advised PipeChina in its disputes relating to covered mineral resources with Yanzhou Coal Mining Company Limited and successfully reached a settlement.

• Advised Qingdao Jinshi Haorui Investment Co., Ltd in its share repurchase disputes with Ruhan Holding and its controlling shareholder.

• Advised Meirongjia Co. Ltd in resolving the deadlock over the development of Tongzhou Grand Canal ONE Project.

• Advised China Merchants Property in resolving the deadlock over a real estate project in Beijing and the disputes between shareholders.

• Sat as the presiding dispute review expert in the first case applying the Construction Project Disputes Review Rules of CIETAC.

• Advised a Xinjiang agricultural listed company in a guarantee contract dispute before the Supreme People's Court (retrial).

• Advised China Agricultural Industry Fund in potential disputes arising from multiple equity investment projects.

• Represented a Jiangxi state-owned enterprise in the negotiation with a French equipment supplier in a multi-round negotiation regarding products quality dispute and successfully reached a settlement.

• Assisted Qingdao Ludowici Mineral Processing Co., Ltd. in its dispute with a Shandong enterprise and successfully reached a settlement.

• Assisted FLSmidth A/S in its negotiation with a Jiangsu enterprise and successfully claimed payments for supplies.

• Represented a state-controlled enterprise in negotiations with the owner over disputes in relation to a pelletizing factory in a Middle Eastern country.

• Assisted a state-controlled company in negotiation concerning patent infringement.

Legislation Participation

• Profoundly participated in the revision of the Arbitration Law of the People's Republic of China, including participating and giving opinion in multiple sessions and discussions with the Ministry of Justice in relation to the revision; preparing and publishing the article of A Discussion on the Dualistic Model of Chinese Arbitration Legislations to illustrate the dual legislative model; preparing documents such as the Proposed Draft of the Foreign Arbitration Compilation of the Arbitration Law of the People's Republic of China (First Draft).

• Served as the convenor of the 18^th Working Group of the Permanent Forum of China Construction Law to organize and deeply participate in the drafting of the draft of the Construction Industry Payment Guarantee and Adjudication Law of the People's Republic of China, drafting the Proposal on Formulating the Construction Industry Payment Guarantee and Adjudication Law of the People's Republic of China, which is scheduled to be submitted to the National People's Congress for review in March 2024.

• Provided expert opinions for the potential judicial interpretation instrument on the validity of arbitration clauses by operation of subrogation under insurance law as per the request from the Fourth Division of the Civil Trial of the Supreme People's Court, and attended relevant sessions, in order to promote the determinacy and consistency of the rules on subrogation of arbitration clauses in the adjudication of foreign-related civil and commercial cases.