Dispute Resolution

• Represented a state-owned policy bank on its domestic and international recovery and enforcement of a nearly USD 2.3 billion overdue debt owed to the bank and on the recovery from various affiliates of the borrower who jeopardized such debt

• Represented a state-owned policy bank to enforce its security over a non-performing loan exceeding USD 190 million. The security structure involves a mix of share pledges over the special purpose vehicles in Indonesia and Singapore, as well as land mortgages over Indonesian palm plantations

• Represented one of the world's largest commodity traders on the collecting bank's wrongful release of the title documents with the underlying goods worth USD 1.15 billion in breach of the agreed payment method (which involves the ICC Uniform Rules for Collection (URC 522)) under several long-term contracts for the sale of metal

• Represented a listed securities company to enforce its claims against the debtor due to the debtor's failure to repurchase its pledged shares under their commercial arrangements. Successfully applied with the court that first imposed the attachment measures over the pledged shares to transfer its jurisdiction to the competent court enforcing the arbitral award confirming the client's priority rights over the sales proceeds of the pledged shares. Assisted the securities company to successfully dispose the pledged shares in the secondary market and recovered the principal and interests around RMB 180 million

• Represented a fund company's subsidiary to initiate a litigation to collect the overdue principal and interests exceeding the amount of RMB 170 million under an asset management plan. Represented the client to negotiate with an investor, reached a favorable assignment agreement with such investor during the enforcement proceeding, and successfully collected the client's debts

• Represented a joint venture securities firm (as an underwriter of certain bonds) to defend against the bondholders' alleged negligence for failing to perform the underwriter's due diligence duties during the bond issuance

• Represented a wholly owned subsidiary of a global leading company in beverage and convenient food industry in a dispute arising under an offline distribution agreement before the PRC courts. The case has been heard in a series of complicated legal proceedings. The courts of the first and the second instances ruled in favor of all the claims of the client and overruled all the counterclaims of the opposing parties, and the opposing parties' application for a retrial before a provincial high court has been rejected
  

• Represented a state-owned policy bank in a dispute arising under a complicated interest swap arrangement before the China International Economic Arbitration Commission (CIETAC) with the full claimed amount being awarded by the tribunal

• Represented a leading Danish manufacturing company against its Chinese joint venture (JV) partner in a CIETAC arbitration regarding complex disputes arising under an equipment leasing agreement and the relevant technical cooperation agreements. Facilitated the settlement between the client and its Chinese JV partner and successfully maintained the business relationship between the parties

• Represented a local hypermarket of a world leading food retail business (as tenant) in a CIETAC arbitration to claim losses (including the loss of expected profits) against the landlord due to the latter's early termination of a long-term lease agreement. Successfully achieved the client's business objective by facilitating the client's settlement with the landlord

• Represented a bank as claimant against a large insurance company in a CIETAC arbitration in respect of an insurance claim arising under an international sale of goods transaction and an export financing arrangement with the disputed amount over RMB 80 million

• Represented a listed securities company to initiate an arbitration before the Beijing Arbitration Commission (BAC) upon the debtor's default under an asset management plan, successfully applied with the court to impose pre-arbitration attachment measures on the debtor's assets, and successfully collected the debts during the enforcement proceeding

• Represented one of the world's largest commodity traders in an arbitration before the Hong Kong International Arbitration Centre (HKIAC) for a dispute under a long-term alumina supply agreement with a state-owned enterprise

• Represented a global medical technology company (focusing on diagnosis and treatment of cancer) in an arbitration commenced at CIETAC Hong Kong arising out of a Proton Equipment Procurement Agreement with the disputed amount over EUR 7.5 million

• Represented a well-known global alternative asset management firm (as creditor) in the substantive consolidation reorganization proceeding involving an influential listed High-technology company and its affiliates before the Chinese court. Advised clients on the PRC insolvency regime as well as complicated insolvency issues thereunder

• Advised an integrated commercial and residential property developer listed in Hong Kong Stock Exchange in relation to its restructuring (by way of a Cayman schemes of arrangement) of three series of offshore U.S. dollar-denominated bonds with the principal of USD 445 million, with focus on drafting and reviewing the bond restructuring documents (including the highly innovative onshore credit enhance documents) from PRC law perspective. This is the first offshore debt restructuring of a Chinese property developer arising from the crisis in the Chinese real estate market that has been successfully implemented through a Cayman scheme

Sanctions & Compliance & Investigation

• Advised several global technology companies and financial institutions on the implications of the Blocking Rules issued by the Ministry of Commerce and the Anti-Foreign Sanctions Law on their business as well as mitigation measures available to them

• Advised several global companies and investment firms on the review and update of their dawn raid policies and delivered trainings to their business and legal teams

• Advised a German automobile manufacturer, a NASDAQ listed AI infrastructure solutions' provider, a global leading social networking platform and various other multinational companies on the corporate governance issues in relation to their onshore entities

• Advised several multinational corporations' cross-border data transfer issues as well as the PRC legal impediments in responding to the offshore regulators' document production requests

• Advised several leading international accounting firms on the legal impediments under the PRC laws in respect of their production of audit papers to their overseas regulators

• Advised a global investment bank regarding its historical investment into the PRC insurance market. This mandate involves compliance analysis of various shares transfer transactions of the target company due to changes in legal and regulatory policies over 25 years, risk assessment of multiple offshore trust structures and analysis of complicated foreign exchange control issues

• Advised a well-known investment bank on the potential risks underlying its draft discounting business, revised the transactions documents, provided trainings to its business and legal teams, and formulated corresponding risk mitigation measures

• Advised a leading global investment firm on PRC sovereign immunity related issues arising under its transaction documents with a government fund of the Kingdom of Saudi Arabia

• Advised an international bank on the validity of an independent guarantee issued by a PRC parent company (a non-financial institution) securing the credit facility advanced to its offshore affiliates

• Advised a universal bank on the PRC legal framework regulating online gaming business as well as the associated potential legal risks

• Advised and assisted several international companies on the whistleblower investigations and issued investigation reports

• Advised and assisted several multinational companies on the investigations of the alleged conflict of interest breaches and the anti-corruption investigations involving bribery/corruption payments