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CV

Tianhuai YAN

Mr. Tianhuai Yan focuses primarily on cross-border investment/M&A and bank financing. He has many years of experience in advising Chinese enterprises and foreign investors on cross-border investments, mergers and acquisitions, joint ventures, private equity transactions, divestitures, restructurings and other complex corporate matters. He has also advised Chinese banks, foreign banks and Chinese enterprises on numerous syndicated loans, acquisition loans, cross-border financings, onshore security backed offshore loans, offshore security backed onshore loans, vessel financings and trade financings, etc.
In addition, Mr. Yan provides legal advice to large foreign trading group companies and multinational companies on import and export compliance and risk control, and has represented clients in numerous complicated international business disputes.

Representative Matters

Cross-border Investment/M&A

  • Advised a Jiangsu company on acquisition of 100% of the equity interests held by a US oil giant in a foreign invested company in Jiangsu province

  • Advised an Australian private equity fund on acquisition of 100% equity interests in a medical equipment producer in Shenzhen

  • Advised a European company on acquisition of 80% equity interests in a feed machinery manufacturer in Jiangsu province

  • Advised a European company on acquisition of 100% equity interests in a food ingredient producer in Guangdong province

  • Advised a European company on asset acquisition of a grain processing machinery manufacturer in Shanxi province

  • Advised a European company on acquisition of 70% equity interests in a color sorting machinery manufacturer in Anhui province

  • Advised a European company on acquisition of 80% equity interests in a feed machinery producer in Hubei province

  • Advised a European company on acquisition of 80% equity interests in a food equipment manufacturer in Guangdong province

  • Advised a European company on setting up an equity joint venture enterprise with a Canadian company in Jiangsu Province

  • Advised a European company on setting up an equity joint venture enterprise with a Dutch company in Jiangsu province

  • Advised a European company on sale to another European company of 100% equity interests in a WFOE in Guangdong province

  • Advised a Jiangsu company on its investment in solar power stations in USA, including debt financing and share transfer related to the investment

  • Advised a Chinese state-owned enterprise in divesture of its hotel business in UK

  • Advising a European company on sale to a Chinese buyer of 100% shares of a German solar power equipment manufacturer

  • Advised a Jiangsu company on acquisition of 100% shares in a Danish fire-fighting equipment manufacturer

  • Advised a European company on sale to a Chinese listed company of 80% shares in a Swiss thermal treatment equipment manufacturer

  • Advised a European company on cross-border restructuring of its investment in China and European

  • Advised a European company on acquisition of 65% equity interests in a refractories manufacturer in Shandong province


Bank and Financing

  • Advised domestic enterprises on borrowing syndicated loans from offshore banks

  • Advised a Jiangsu company on offshore vessel financings

  • Advised domestic enterprises on buyer's credit financings related to import of equipment

  • Advised domestical banks on onshore security backed offshore loans, offshore security backed onshore loans, offshore lendings, trading financings and other cross-border financings

  • Advised domestic banks on domestic syndicated loans


International Trade

  • Advised a Chinese foreign trading company in a lawsuit filed by a US company in United States District Court for the Southern District of New York for claims arose form export of car wheels

  • Advised a Chinese foreign trading company on a lawsuit against a Ghana company in the Court of Ghana, Africa to recover accounts receivable arising from export of cars

  • Advised a Chinese foreign trading company on a lawsuit filed by an Israeli shipping company in the Federal Court for the Southern District of New York for claim for damages caused by explosions of hazardous chemicals on board of vessel

  • Advised a Chinese solar panel manufacturer in a lawsuit filed by a US company in United States District Court for the Northern District of California for claims arose from sale of solar panels

  • Advised a Chinese electrical motor manufacturer in a lawsuit filed by a Canadian consumer in the Court of Toronto, Canada for claims for product liabilities arose from exported electrical motor vehicles

  • Advised a Chinese foreign trading company on settlement of steel trade disputes with a Swiss Company

Memberships & Affiliations

Arbitrator, the CIETAC Panel

Publications

“Several Issues on Transfer of Equity Interests in Foreign-Invested Enterprises”, Journal of International Economic Cooperation, Issue 8, 1998

“On Pledge of Equity Interests”, China Legal Science, Issue 1, 1999

“On Enforcement of New York Convention by US Courts”, Nanjing University Law Review, Issue 4, 2004

“On US Courts’ Jurisdiction over International Arbitration Cases”, Arbitration and Law, Issue 95, January 2005

“The Boundary of Legal Remedies”, Dushu, Issue 9, 2005

  • Bar Admissions/Professional Qualifications

    PRC Bar
    State Bar of California, USA

  • Education

    LL.M., Golden Gate University School of Law
    LL.M., Nanjing University School of Law
    BEcon, Nanjing University School of Business

  • Professional Experience

    Equity Partner, Zhong Lun Law Firm
    Partner, Jiangsu G&D Law Firm

  • Languages

    Chinese
    English