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Patrick YUAN

Mr. Yuan Peihao specializes in the areas of cross-border investment and financing, private equity investment, Mergers & Acquisitions, intellectual property, majors in civil and commercial litigation and international arbitration.

For dispute resolution, Mr. Yuan has rich practice experience in the area of cross-border commercial dispute resolution, and is adept at assisting both domestic and foreign clients to resolve complicated commercial disputes. Mr. Yuan not only represented clients in domestic arbitration institutions, such as China International Economic and Trade Arbitration Commission (“CIETAC”), Shenzhen Court of International Arbitration (“SCIA”) etc., but also in international arbitration institutions, such as Hong Kong International Arbitration Center (“HKIAC”), International Chamber of Commerce Arbitration (“ICC”), and International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (“ICAC”) etc. Mr. Yuan is familiar with the arbitration rules of mainstream arbitration institutions, conflict of laws rules of private international law and conflict of laws norms of different jurisdictions, and is good at using arbitration rules and conflict of laws norms to maximize the rights and interests of clients. In addition, Mr. Yuan is particularly good at dealing with evidence issues in international arbitration, including the identification of cross-border electronic evidence, the collection and transmission of digital evidence in multinational regions, the protection of trade secrets, the conflict of laws rules of evidence privilege and evidence disclosure, and the applicable rules of IBA Rules. In addition to representing clients in arbitration cases arbitrated by well-known arbitration institutions such as HKIAC, SCIA and SIAC, in recent years, Mr. Yuan has also participated in Hong Kong related arbitration or litigation cases as an expert witness for many times. In addition, Mr. Yuan has repeatedly represented clients in complex financial, intellectual property, international trade and commercial cases in Qianhai People’s Court, Shenzhen Intermediate People’s Court, Beijing Second Intermediate People’s Court, Shanghai Financial Court, Zhengzhou Intermediate People’s Court, Hunan High People’s Court, Henan High People’s Court, Sichuan High People’s Court and Guangdong High People’s Court.

In terms of corporate compliance, Mr. Yuan provided complex comprehensive legal services for Chinese and foreign clients in different industries, and provided compliance legal services for many multinational enterprises and institutions, large domestic enterprises, local governments, etc. In the field of Internet and big data, Mr. Yuan has provided compliance services for many Internet enterprises, including Internet finance, data compliance, network security and intellectual property rights.

In terms of international trade and investment, acquisitions and mergers, Mr. Yuan is good at providing a complete set of legal solutions for domestic/foreign investment, including cross-border investment and financing, mergers and acquisitions, joint venture cooperation, technology introduction, anti-monopoly, etc. Mr. Yuan has invested and operated in China on behalf of many domestic and foreign financial institutions and multinational companies, participated in overseas investment projects of the "the Belt and Road" on behalf of many large Chinese enterprises, assisted clients in communication and coordination with government agencies and stakeholders, winning praises from clients. Mr. Yuan also has rich work experience in the field of banking. He has participated in various types of banking business and foreign exchange business on behalf of many Chinese funded banks and foreign banks, assisted them in solving legal problems in their daily banking business, provided them with advisory legal suggestions, and helped them in drafting or revising standardized bank format texts. In terms of domestic and international loan business, Mr. Yuan also actively participated in various loan financing transactions, including bank loans, syndicated loans, M&A financing, project financing, export credit and trade financing.

Representative Matters

Dispute Resolution

  • Represented a domestic science and technology limited company to arbitrate at ICC(Hong Kong) regarding the dispute over its sales contract;

  • Represented a trading company in Hong Kong to arbitrate at ICC(Hong Kong) regarding the case of a chrome ore purchase and sale dispute against its South African supplier;

  • Represented a Hong Kong listed company to arbitrate at SIAC regarding the case of equity investment dispute between the company and the actual controller of the company;

  • Represented a domestic group company to arbitrate at CIETAC regarding the equity dispute of its investment in Thailand;

  • Represented a French education consulting company to arbitrate at SCIA regarding the case of its dispute against a domestic design engineering company.

  • Represented a domestic network technology limited company and its shareholders at the Hong Kong High Court regarding the case of malicious conspiracy, participating in the litigation as an expert witness.

  • Represented a Hong Kong supply chain management company to conduct interim arbitration in Hong Kong in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law in respect of its dispute over the goods sales contract. The case was settled through conciliation finally.

  • Represented a Hong Kong investment company in conducting arbitration at CIETAC and SIAC regarding the Thai equity investment dispute between the company and a Thai natural person, and applied for cross-border recognition and enforcement of CIETAC’s arbitration award  in Thailand.

  • Represented a technology company to win the lawsuit in different courts with regard to the criminal-civil combined cases against the core technical staff and company executives involved in non-competition, stealing trade secrets, and misappropriating the company’s assets;

  • Assisted a digital communication technology company in handling the company’s control disputes, and assisted the company in formulating management tools, financial data, assets, employees and other protection strategies regarding the disputes.


Corporate Compliance

  • Provided data, education fund and general compliance consulting services for Tencent Technology (Shenzhen) Co., Ltd.

  • Provided special legal services for China Resources (Holdings) Co.,Ltd. in drafting contract terms and sorting out legal risks, which lasted for one year;

  • Provided compliance special legal services for China Council for the Promotion of International Trade (Shenzhen);

  • Provided special compliance legal services for an Internet financial services company;

  • Provided special legal services regarding EU GDPR data compliance for a technology limited company;

  • Advised and provided legal services on market access, investment establishment, business model design and daily operation for several auto finance companies;

  • Provided legal services such as ESG information disclosure, annual supply chain compliance audit and due diligence for a listed company.


International trade, Investment and financing

  • Repeatedly provided advice on international trade, management and compliance for enterprises in the Great Bay Area;

  • Represented a technology START UP enterprise in completing the global corporate strategic layout of China’s R&D center, Singapore’s cost center and North American market center, and assisted in completing multiple rounds of parallel financing contracts between RMB funds in China and US dollar funds in America;

  • Provided banking and trust financing legal services for a large infrastructure project in the Great Bay Area;

  • Provided a full range of comprehensive cross-border legal services for the synchronous financing of a Hong Kong listed technology company in Hong Kong and Mainland China;

  • Provided a full range of special legal services for the ABS project of a bank;

  • Provided legal opinions on a full set of English documents related to the opening of an escrow account at a bank for an enterprise.

Honors and Awards

For Individual

Awarded "South China Rising Lawyer Star - Non-local Law Firm" - "2023 ALB China Regional Market Ranking: South China" listExcellent Expert Mediator of International Trade Shenzhen Council (CCPIT Shenzhen) in 2018.

Excellent Mediator of the People’s Court of Shenzhen Qianhai Cooperation Zone in 2019.

For Deal

Outstanding Award in the Selection of Typical Cases of Foreign related Legal Services（Guangdong Lawyers Association）in 2019.

Memberships & Affiliations

Served as arbitrator of Shenzhen International Arbitration Court, arbitrator of Qingdao Arbitration Commission, arbitrator of Dongguan Arbitration Commission, arbitrator of Rizhao Arbitration Commission, arbitrator of Mianyang Arbitration Commission, arbitrator of Weifang Arbitration Commission and arbitrator of Nanjing Arbitration Commission

Served as deputy Secretary General of the 12th Cross-border Dispute Resolution Legal Professional Committee of Guangdong Lawyers Association

Member of the 11th Commercial Arbitration Legal Professional Committee of Shenzhen Lawyers Association

Expert member of the Enterprise International Operation Compliance Expert Committee of Shenzhen Municipal Trade Promotion Commission

Served as a lecturer of the practical training course of the SME Legal Clinic of Peking University, School of Transnational Law, responsible for the practical training of commercial dispute resolution in China (from 2016 to 2017)

Visiting professor at the Law School of Beijing Foreign Studies University, lectured on practical aspects of Commercial Dispute resolution in China (from January 2016 to July 2023)

Permanent Deputy editor of China Africa Law Review, a core journal of China Law Society under the initiative of Belt and Road (from January 2016 to July 2023)

Tutor of Students Mentor Program in the Chinese University of Hong Kong (Shenzhen) (from 2022 to present)

Tutor of Students Mentor Program in the Law School of Shenzhen University (from 2022 to present)

Tutor of Students Mentor Program in the Law School of Zhejiang University (from 2022 to present)

Served as mediator of Singapore International Mediation Center, expert mediator of Capital Mediation Center of China Council for the Promotion of International Trade, expert mediator of Shenzhen Mediation Center of China Council for the Promotion of International Trade, expert mediator of Hunan Mediation Center of China Council for the Promotion of International Trade, mediator of Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center), and Shenzhen Intermediate People's Court Mediator, Shenzhen Qianhai Cooperation Zone People's Court Mediator, Shenzhen Longhua District People's Court Mediator, Shenzhen Nanshan District People's Court Mediator, Shenzhen Futian District People's Court mediator, Shenzhen Blue Sea Legal Investigation and Commercial Mediation Center Mediator

Member of the Royal Chartered Institute of Arbitrators East Asia Branch (CIArb)

Arbitrator of the FDI MOOT Shenzhen 2022

Arbitrator of MOOT Shanghai 2018 / 2019

Arbitrator of CIETAC Inv.Moot 2022

Publications

Can Foreign Arbitration Institution Manage Cases in Mainland China Directly? Asian Dispute Review, Apr. 2021.

International Investment Arbitration and the Protection of the Interests of Chinese Enterprises Investing in the United States, Beijing Arbitration Commission, April 2021.

External Guarantee of Listed Companies under the Civil Code System, Chongqing Arbitration Commission, April 2021.

15.4%! Understanding and Application of Judicial Interpretation of New Private Lending, Chongqing Arbitration Commission, October 2020.

COVID-19 as Force Majeure Event and Exception from Pacta Sunt Servanda, Pacta Sunt Servanda in Changing Times, Jun. 2021.

Can the Transplant of the Law in a Developed City to Another City Necessarily Lead to a Prosperity of Another Prominent City? Law and the City - Annual Graduate Conference, May. 2021.

Virtual Hearings in International Arbitration: Sustainable Globalization and Challenges, Law Schools Global League’s Winter Academic Conference 2021, Feb. 2021.

Virtual Hearings in the COVID-19 Era—A Major Change in International Arbitration for Cross-border E-commerce Dispute, Human Sovereignty and Machine Efficiency in the Law, Jan. 2021.

Application and Research of Treaty Purchasing in the Protection of Chinese Enterprises' Investment Interests in the United States, China Institute of Private International Law 2020 Annual Meeting, November 7, 2020.

Judicial Assistance in the Greater Bay Area - Taking the Dispute Resolution of Cross border Financial Business as an Example, the sixth seminar of the Inter regional Conflict Law Research Committee, October 23, 2020.

Practical Comments on Virtual Hearings in International Arbitration in the COVID-19 Era, International Law Foresight Project ILA 2023, Sep. 2020.

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar

  • Education

    The Chinese University of Hong Kong PHD Candidate in International Investment and Dispute Resolution
    The Chinese University of Hong Kong Certificate of Advanced Study and Training of Hong Kong Law and Common Law
    Université Paris X Master of French Law and Common Law
    Université Paris X Bachelor of French Law and Common Law
    Sichuan University Bachelor of Chinese Law

  • Professional Experience

    Equity Partner，Non-equity Partner, Zhonglun Law Firm
    Partner, JunZeJun Law Offices (Shenzhen)
    Case Manager, Shenzhen Court of International Arbitration

  • Languages

    Chinese
    English
    French