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Index of tables

  1. Dispute resolution: Beijing
  2. Leading individuals: local firms

Leading individuals: local firms

Fangda Partners has a well-balanced dispute resolution practice. The 12-partner team offers a wealth of experience in litigation and arbitration to international clients such as NEC and Lehman Brothers International (Europe), mainly in relation to joint ventures, construction, corporate governance, securities, corporate dissolution, international trading, banking, financial derivative transactions and shipping. Xiang Ji is a well-known and highly regarded litigator; Gordon Gao and Chaoyang Wang specialise in the prosecution and enforcement of intellectual property rights; and former deputy secretary-general of CIETAC Ming Kang focuses on foreign and international commercial arbitration. Frank Li and Benjamin Miao were both recently promoted to partner.

Global Law Office represents a wide range of foreign clients in litigation and arbitration proceedings against China-based companies, as well as acting for domestic companies in cross-border disputes. The practice has a particular focus on shipping, but also advises on construction and labour disputes. The vastly experienced Yifeng Gao is defending two Korean-based Samsung companies before the Supreme People’s Court in a $450m claim by a Hong Kong company and UK registered entity arising out of the collision of vessels in Korean seas. Lei Niu is acting for joint claimants in five international arbitration cases in London with a combined value of over €20m, against five European ship owners regarding shipbuilding contracts. Steve Kou is acting for a number of clients in CIETEC and ICC arbitrations. Nokia China is also a client.

The range, scale and complexity of work undertaken by King & Wood reflects the firm’s deep local knowledge and broad experience in international arbitration as well as domestic litigation. Highlights included representing an Australian iron ore giant in a Chinese court against a prominent Chinese steel company involving claims exceeding $110m, and acting for a Chinese state-owned enterprise (SOE) in SIAC (Singapore International Arbitration Centre) arbitration commenced by a US technology licensor. The latest financial crisis has also produced a series of instructions from major international banks in private equity disputes. Other expertise includes seeking or challenging the enforcement of international arbitration awards. Qian Yaozhi leads the team.

Dispute resolution is a core practice area at Jun He Law Offices. The team, many of whom are qualified arbitrators or former judges, offers a wealth of experience to international and domestic clients in commercial litigation and arbitration. The vastly experienced Honghuan Liu provides comprehensive and in-depth advice to a broad range of clients on difficult technical issues, as well as assisting on public relations crisis management in high-profile cases. Her broad practice covers a range of subject matters including product liability, IP, competition and banking, and clients have included Nike, Sony and GE. Fei Ning is well-known for his work with foreign companies.

Zhong Lun Law Firm deals with high-stakes, complex cases for many big-ticket clients in a broad range of sectors including real estate, investment, finance, insurance, product liability, IP, competition and labour law. Wilson Huo recently recovered $2.5m for a holding company registered in Hong Kong in arbitration against a Fortune 500 company headquartered in the US. Decai Zhang and Yuming Liu led a team which recently won a retrial before the Supreme People’s Court recovering over RMB60m for GL Asia Mauritius in a case relating to the enforcement of a guarantee following the insolvency of the original debtor. More than 10 of the partners are CIETAC (China International Economic and Trade Arbitration Commission) arbitrators, and the practice is further enhanced by the firm’s corporate and commercial departments. Lijun Cao is vastly experienced in arbitration matters, having previously worked at CIETAC in a number of senior roles.

Commerce & Finance Law Office has a team of internationally trained lawyers making it well-placed to act before both Chinese and foreign arbitration tribunals. Song Dihuang specialises in maritime litigation and arbitration; Jin Saibo regularly handles disputes relating to letters of credit; and Ma Jie focuses on cross-border disputes relating to private equity, M&A, foreign direct investment and international trade. Highlights included successfully representing Dongfang Weiyi Technologies in CIETAC arbitration regarding breach of a sales agency agreement, where the client was awarded $13.4m for loss of profit; a rare event in Chinese arbitration cases due to the complex nature of the calculations. Seasoned litigator Li Hongji heads the team.

Concord & Partners has a longstanding litigation and arbitration practice and has acted on some significant and complex matters in areas such as foreign investment, real estate, finance and insurance. The team also has experience dealing with appeals of regulatory decisions, administrative lawsuits and criminal matters. The firm has recently formed an exclusive partnership with UGGC & Associés with a view to assisting the French firm in its advice to overseas enterprises regarding their investments in China. Zhou Qi is recommended.

Dacheng Law Office is well-known for its ability to provide strategic dispute resolution advice, assisting clients with legal risk management and planning, pre-trial investigation and discovery, and negotiation and mediation. Jiangtao Ma mainly works with foreign clients on joint venture disputes in China. Dennis Deng has particular experience in the enforcement of Chinese court judgments and arbitral awards, as well advising on the recognition and enforcement of foreign arbitral awards in China.

DeHeng Law Office has a mature team with substantial experience in litigation and international arbitration cases involving all the major arbitral institutions. Qi Jiang has experience of handling complex cases in the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security. Haijun Wang has IP expertise, and Yuxia Qiu has acted for Bayer and BHP Biliton.

Haiwen & Partners assists clients in disputes relating to international trade, foreign direct investment, finance, construction and IP. Jie Tao is qualified in China and New York making him well-placed to advise on international arbitration matters and cross-border disputes. The team has an impressive international client list and has acted for COFCO, Deutsche Bank, FedEx, Honeywell, IBM, Oracle, Procter & Gamble, and Yahoo!.

Jingtian & Gongcheng has a robust litigation and arbitration team, which is ‘smart, savvy and business-minded’, focusing on high-end commercial disputes and CIETAC arbitration. The team’s cross-border capabilities are enhanced by maintaining a strong network with many international law firms. The highly experienced Chungang Dong (‘smart, strong English, superb analytical skills’) is leading on one of the largest ever product liability actions in the US courts against Chinese enterprises. Yue Liu has significant trade mark litigation experience, and Xuejun Peng is also recommended.

The ‘quality of advice is excellent’ at Llinks Law Offices, which has a broad practice acting for local and foreign clients in litigation and local and international arbitration. Charles Qin ‘has a passion for success in this area’ and is ‘very meticulous in his work’. Advising mainly financial institutions and asset mangers, Qin recently represented Hua’an Fund Management Company against Lehman Brothers International (Europe) before the Shanghai High Court regarding the construction of a complex financial product.

Run Ming Law Office represents mainly foreign investors or foreign investment enterprises in resolving disputes arising from investments or operations in China. Yadong Wang is experienced in organising multi-disciplinary teams to deal with large-scale projects, and has a particular interest in assisting clients in reconciliation and settlement prior to or during litigation. Wang recently led on six influential cases for Beijing Qihu Technology Ltd and Qizhi Software (Beijing) (a well-known internet and safety products manufacturing enterprise). Wen Qin specialises in foreign-related dispute resolution.

Litigation boutique Tiantong & Partners is increasing its profile in this area and building a reputation for handling precedent-setting and complex civil and commercial litigation cases for clients, which primarily include major SOEs, banks, asset management companies and financial institutions. Recent work includes successfully acting in the Supreme People’s Court for the Agricultural Bank of China regarding a dispute over a securities counter-purchase contract, and acting for China Cinda Asset Management Company in a dispute over a guarantee contract. Managing partner Jiang Yong is the key contact.


Shanghai

Index of tables

  1. Dispute resolution: Shanghai
  2. Leading individuals: local firms

Leading individuals: local firms

One of the leaders in the market’, Fangda Partners has grown its practice recently with the addition of Benjamin Miao who joined from Clifford Chance LLP and has extensive experience in representing multinationals. The firm is equally adept in litigation in the Chinese courts and arbitration in CIETAC and other tribunals; it handles disputes arising from joint ventures, construction, corporate governance and international trading among others. It also assists clients applying for enforcement of foreign judgements or arbitration awards in China. Key partners include Xiang Ji, Daniel Huang, Richard Lin and Ji Nuo.

Widely considered to be at the top of its game, Jun He Law Offices is a trusted advisor to numerous multinational companies. Fielding ‘a large team of litigators that provides quick and good service in all areas’, it is particularly renowned for patent and product liability cases, and has extensive experience in finance-related litigation and arbitration. The firm served as counsel in litigation on a debt dispute involving the Sumitomo Mitsui Banking Corporation, and was involved in arbitration in an insurance dispute between the China Reinsurance Company and Allstate Insurance Company. The team’s capabilities also stretch to employment disputes, domestic and international arbitration, and IP litigation. Ning Fei and Lei Wu are recommended.

King & Wood has many years’ experience of acting for large corporates and financial institutions in litigation and administrative proceedings. It is also strong in arbitration, having appeared on behalf of clients before most of the major institutions such as CIETAC, ICC and SCC. The firm has developed its practice over the years to include various specialisms; one such example is securities disputes for domestic clients. Also incorporated within the practice are bankruptcy, restructuring and liquidation, shipping and customs matters. Denning Jin and Liu Yanling are recommended.

Allbright Law Offices has a strong track record of litigation and now represents clients both in China and abroad, bolstered by the firm’s national presence and international referral network. It has strong capabilities in CIETAC and international arbitration, having represented clients in a number of high-profile cases. The types of disputes range from maritime matters and white collar crimes to employment and IP disputes. Another prominent area is international trade disputes such as anti-dumping regulations in China, Europe and the US.

Boss & Young Attorneys at Law has a team that is experienced in litigation both in China and abroad, with emphasis on international trade, intellectual property rights, bank loans, real estate development, shipping and debt collection. Recent highlights include successfully defending a major retailer against claims of non-payment by a Chinese company, and winning a case for a French employer. Mingjie Zhang and Xu Guojian are recommended.

Grandall Law Firm frequently assists international clients with litigation and arbitration. It advises on matters such as drafting clauses and agreements, property preservation, product liability, IP, construction, securities and white-collar crime. Grant (Guoquan) Li’s arbitration experience includes advising BSC on a sale of goods contract dispute before CIETAC, and his litigation credentials include acting for Carlsberg in distribution agreement disputes, and acting for Shanghai Minmetals in relation to an import and export agency contract dispute.

Llinks Law Offices’ disputes practice is relatively young, but has hit the ground running; clients praise the team’s willingness to ‘work around the clock’ and value its ‘quality advice’. Highlights included advising on a claim against Lehman Brothers during the financial crisis. It represents various local and foreign clients in arbitration proceedings, and utilises its international network to assist with proceedings abroad. Its capabilities span a range of disputes including commercial lending transactions, buying and selling of securities, international and domestic trade, leasing, IP and international transportation. Key partners include Charles Qin, who ‘has a passion for success’ and is ‘very meticulous in his work’.

Duan & Duan Law Firm’s Gary Gao has represented a number of multinational companies in disputes, both at home and abroad. His expertise encompasses IT, IP, energy, insurance, white-collar and corporate crime, and product liability. Managing partner Charles Duan is also recommended.

Global Law Office has a team of four full-time specialists who practice foreign and domestic court litigation and arbitration, as well as mediation and alternative dispute resolution. The firm’s track record includes precedent-setting matters such as the first arbitration case in Stockholm, when it represented a joint venture company based in Guangdong before the Arbitration Institute of the Stockholm Chamber of Commerce. The firm’s shipping background adds another string to the bow of this growing practice, as does its strong quota of pharmaceutical clients. George Wang is recommended.

Haworth & Lexon’s strong presence in manufacturing, commerce, finance and capital markets is key to its practice, complemented by the firm’s associated offices in New York, Paris, Sydney and Hong Kong, and strengths include international trade, property, IP, product liability and international contractual disputes. Fujifilm is a key client. Sean Yuan is recommended.

The team at Jade & Fountain PRC Lawyers is ‘very responsive and demonstrates a high level of business awareness and acumen’. Experienced in disputes involving multinationals and domestic companies, the firm also acts for individuals; it recently represented a footballer in a high-profile dispute with the media. A large bulk of the practice is employment and shipbuilding-related but it also takes on IP and shares disputes. A recent highlight was advising SiTV, a subsidiary of Shanghai Media Group (SMG) in a dispute with a domestic TV production group on the operation of one of SMG’s digital TV channels. It also acted for Great Wall Airlines in a dispute between a Hong Kong-based air charter company, and advised a major American airline on a matter involving aircraft charter agreements. Chen Gang heads the team and Will Huang is ‘particularly good’.


Foreign firms

Index of tables

  1. Dispute resolution: Foreign firms
  2. Other recommended firms

Herbert Smith LLP’s renowned disputes practice is advising UTFE as the plaintiff in relation to a substantial claim for breach of a number of warranties following the acquisition of a Hong Kong-listed company. Valued at HK$200m, the highly complex litigation involves seven separate claims and has raised issues regarding enforcement against a BVI-registered company. ‘Highly recommended’ May Tai is the key contact in Shanghai and works in close co-ordination with Hong Kong partners Mark Johnson, Gavin Lewis and Justin D’Agostino.

Led by Peter Wang in Shanghai, Jones Day’s practice is deemed ‘value for money’ and ‘very competent with good industry knowledge and experience of litigation in China’. The recent addition of Horace Lam in Beijing from Hogan Lovells International LLP is a coup on the IP disputes side, and Ashley Howlett in Beijing is ‘highly recommended for construction and litigation’; his ‘competence level is extremely high and he has a lot of relevant experience’. The group is advising a number of US clients on FCPA-related investigations, due diligence, and compliance work relating to activities in China. It is also advising Australian mining companies Mt Gibson Mining and Koolan Iron Ore Mining on the enforcement of a $130m Australian arbitration award against Rizhao Steel in Shandong. Shanghai-based Michael Vella and Beijing-based Victor Chang are recommended.

Allen & Overy LLP’s ‘very capable’ group acts for a number of international companies and has recently increased its remit of Chinese clients. Recent highlights include acting for an international bank in bringing a claim under the Germany-Sri Lanka Bilateral Investment Treaty (BIT) against Sri Lanka for failing to observe obligations in an oil hedging agreement between the bank and a state-owned oil company. It is also acting for an international bank in relation to a dispute arising from a credit agreement; the intended borrower was a Thai-listed company. Other active areas include contentious regulatory investigations and tax disputes. Peter Thorp is the Beijing and Shanghai managing partner.

Baker & McKenzie’s practice spans corporate and commercial litigation, arbitration, restructuring and insolvency, China-related matters and product recall and liability. It also covers compliance and regulatory issues and investigations, including a recent instruction to co-ordinate the Asia Pacific aspects of a global investigation into the business practices of a multinational trading business. Other work includes dispute resolution and strategic positioning for a leading US-listed consulting services group in the region. Gary Seib in Hong Kong leads the practice, which includes Beatrice Schaffrath in Beijing and Michelle Gon in Shanghai.

Clifford Chance LLP’s specialist skills include regulatory, business crime, IP and arbitration. The combined Hong Kong and China group recently acted for FTI Consulting as liquidators of the Moulin Group in the large audit negligence claim brought by Moulin Global Eyecare Holdings and certain subsidiaries against KPMG. It is also acting for LFT, a subsidiary of Li & Fung, in a judicial review of the decision by the Commissioner of Inland Review not to grant unconditional holdover of tax, pending an appeal. In Beijing, Patrick Zheng has significant expertise in international dispute resolution, particularly arbitration and alternative dispute resolution.

DLA Piper’s key China practice is led by office managing partner Roy Chan in Shanghai and Sammy Fang in Beijing. It regularly handles key mandates relating to contentious investigations, major shareholder disputes between global players and their Chinese counterparts, and product liability. The practice has been growing its securities class action capabilities and recently assisted US-listed Chinese company Oriental Paper in a US securities class action arising from attacks against its shares by short sellers in the US market, and various allegations concerning the credibility of its financials.

Freshfields Bruckhaus Deringer regularly receives high-profile instructions, such as recently acting for a global British power systems and services company on an internal investigation into wrongdoing by a number of employees. Other highlights included completing an internal investigation for a leading green energy supplier in China after the HKSE received a complaint alleging corruption against the CEO and his brother. Hong Kong-based Richard Chalk heads the practice, and Peter Yuen divides his time between Hong Kong and Beijing.

One of the best international firms for China-related dispute resolution’, Hogan Lovells International LLP has eight fee-earners in Shanghai and Beijing working closely with the firm’s Hong Kong office. Shanghai-based counsel Eugene Chen is valued for his ‘direct experience in US litigation and Chinese language ability’, in addition to his ‘unique and precious understanding of Chinese culture’. Also in Shanghai, Terence Wong is renowned for his construction-focused expertise. The firm is representing Taishan Gypsum in the highly publicised, high-risk lawsuits filed in multiple federal and state courts in the US regarding allegedly defective drywalls. ABB Group is instructing it on several major litigation matters across Asia.

O’Melveny & Myers LLP’s ‘efficient, proactive and knowledgeable’ team is led by Friven Yeoh, who ‘epitomises these skills’ and is ‘a pleasure to work with’. The team gives an ‘excellent performance on fast actions’ and is ‘very experienced’. Beijing-based Fu Yu is recommended for ‘making good and sound judgements’. Recent highlights include representing Giant Interactive, a Chinese gaming company, in a securities class action alleging that its IPO offering prospectus failed to disclose certain information. Further, the firm is acting for Rexam in an expropriation dispute with Shanghai authorities after it was forced to relocate its manufacturing plants, and is representing China Agritech in a US securities litigation. Other achievements include successfully settling two commercial disputes in the US for Midea Group and its subsidiaries.

The key partners at Deacons are Hong Kong-based Franki Cheung. Recent instructions include acting for a Taiwanese party in a $10m shareholders’ dispute relating to a sino-foreign joint venture commercial property development and management in Shanghai. A NASDAQ-listed corporation in Beijing recently instructed the team on the enforcement of a CIETAC arbitral award of over RMB140m against a listed Hong Kong company, while other highlights included acting for a leading US toy manufacturer against its PRC supplier in a RMB150m supply contract dispute.

Gide Loyrette Nouel A.A.R.P.I.’s practice spans a variety of contentious matters, with a particular focus on arbitration and IP litigation. One of the firm’s key clients is Ralph Lauren, which it has recently been advising on infringement and competition matters. Zhen Huang and Zheng Yu are recommended.

Mallesons Stephen Jaques’ recent highlights include advising Asiaray on its regulatory engagement strategy, in connection with court proceedings in China seeking damages for breach of contract. It also acted for a major entertainment company in the enforcement of a Hong Kong court judgement in China - the first such judgement in history. It advised Instead Healthcare on a shareholders’ dispute over a manufacturing plant in China. Other clients include major US banks and real estate entities. Lead partners in Beijing include Nicolas Groffman, and the Shanghai office includes Martyn Huckerby. In Hong Kong, David Bateson ‘has a sure touch’ and is ‘decisive and fair’.

At Norton Rose LLP, Jim James is widely reputed for shipbuilding, shipping and ship-mortgage enforcement matters. The firm’s combined Hong Kong and China practice is acting for a major US supplier listed in Hong Kong on two sets of CIETAC arbitration proceedings following non-payment for shipments of defective off-road vehicles supplied by a PRC manufacturer for the US market. Other work includes advising various investors, including major private equity funds, on rights and remedies in relation to defaults of term and convertible loans by the portfolio company.

Recommended for ‘high-quality advice at reasonable rates’ and its ‘international experience’, Pinsent Masons recently advised China ENFI Engineering Corporation on ICC arbitration relating to a sulphuric acid plant in Africa. It also acted for China National Overseas Engineering Corporation in a dispute over a water transfer scheme in South Africa. China Machinery Engineering Corporation (CMEC) instructed the group on an injunction action by a Singapore-listed company to restrain insolvency proceedings by a Chinese state-owned company. The practice is headed by ‘experts’ expert’ John Bishop who is ‘one of the best in China’, and Hew Kian Heong, who is ‘very professional with a wealth of experience’.

Sidley Austin LLP’s combined China and Hong Kong practice has been acting for a mineral trading company in a dispute with an Indian supplier, and for a Taiwan-based respondent in an ICC arbitration to contest a multimillion-dollar claim under a loan agreement. Litigation highlights included acting for a fund to enforce two multimillion-dollar ICC arbitral awards against an African sovereign state. Henry Ding is the key partner contact in Beijing, while Hong Kong and Singapore-based Yang Ing Loon is recommended.

Barlow Lyde & Gilbert’s practice operates out of Hong Kong but carries out substantial PRC work. The firm recently advised Pauls’ Model Art (PMA) on its dispute with manufacturers for the completion and delivery of moulds and line toolings for the manufacture of model cars. For KPMG, it defended allegations of negligence arising out of its audit of Moulin Global Eyecare. David Smyth heads the group, which also includes Tom Ffyfe and Richard Keady.

Linklaters’ team is based out of Hong Kong and is recommended for finance-related disputes. Marc Harvey heads the practice, which includes renowned practitioners Tom Lidstrom and Melvin Sng.

Mannheimer Swartling’s practice is led by Nils Eliasson in Hong Kong and Shanghai, and is integrated with the firm’s global arbitration practice, benefiting from expertise in the firm’s Stockholm, Frankfurt and Moscow offices. The team frequently handles complex disputes both in China and internationally.

Orrick, Herrington & Sutcliffe LLP’s practice includes IP litigation specialist Xiang Wang. It recently advised a consortium of private equity funds on enforcing security; this was based on alleged breaches of various transaction documents concerning a real estate investment in PRC. Ford appointed the firm as arbitrator to help resolve IP issues related to the $1.8bn acquisition of Volvo from Ford by Zhejiang Geely Holding.

Paul Li heads the team at Simmons & Simmons representing Société Générale in defending a claim by a tycoon alleging misrepresentation by a member of its staff. It is also acting for Ernst & Young against the beneficiary of a trust set up by one of its service companies, alleging dishonestly assisting breach of duties.

Bryan Cave LLP’s practice is led by Peter Chow and acts for a number of Chinese state-owned enterprises.

Clyde & Co has a strong global practice, handling matters including IP and IT litigation, product liability and banking and finance disputes.

Holman Fenwick Willan LLP’s Shanghai office handles matters including international commercial maritime law and other shipping disputes. The practice covers litigation, arbitration and mediation across a number of jurisdictions.

Mayer Brown JSM’s China team handles general commercial litigation, as well as arbitration and matters relating to employment, product liability, securities and white-collar and civil fraud.

Brenda Horrigan is the key contact at Salans, which provides ‘excellent, efficient and prompt responses’ and ‘in-depth analysis and pragmatic advice’. Clients include Petrokazakhstan, a Canadian subsidiary of the Chinese National Petroleum Company (CNPC).

Stephenson Harwood & Lo has advised on a number of cross-border disputes, and recently acted for the administrators of the contested estate of Chinese billionaire, Nina Wang, in a highly publicised wills dispute.

Vinson & Elkins L.L.P.’s practice includes Nicholas Song in Beijing, who has advised on international arbitrations under various institutional rules. Hong Kong-based Christopher Walker heads the combined group.


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