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Fangda Partners

24/F, HKRI CENTRE TWO, HKRI TAIKOO HUI, 288 SHI MEN YI ROAD, SHANGHAI 200041, CHINA
Tel:
Work +86 21 2208 1166
Fax:
Fax +86 21 5298 5599
Email:
Web:
www.fangdalaw.com
Beijing, Hong Kong, Shanghai, Shenzhen

China: Antitrust and competition

PRC firms
Antitrust and competition: PRC firms - ranked: tier 1

Fangda Partners 方达律师事务所

Fangda Partners is a popular choice for handling merger filings in major PRC-related M&A, as well as for antitrust investigations and litigation. Michael Han and Hong Kong-based Andrew Skudder successfully defended Höegh Autoliners in the first acquittal of a multinational company accused in a National Development and Reform Commission (NDRC) cartel investigation into the roll-on roll-off (RoRo) vehicle shipping cartel. Han also advised Nokia and Merck in the Chinese merger filings of the acquisition of Alcatel-Lucent and Sigma-Aldrich respectively. Fang Qi and Dixon Zhang are recommended for IP-related antitrust litigation and compliance. Alibaba, Blackstone, Adidas and Bayer are also clients.

Leading individuals

Michael Han - Fangda Partners

Next generation lawyers

Bryan (Yusheng) Fu - Fangda Partners

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China: Banking and finance

PRC firms
Banking and finance: PRC firms - ranked: tier 2

Fangda Partners 方达律师事务所

Fangda Partners is a prominent name for lender and borrower work on acquisition finance, project finance and infrastructure development projects. Stanley Chen and Xie Zheng handled a number of high-end leveraged financings and bridge financings for take-private transactions. Chen recently assisted a bank with the financing of the construction of factory facilities.

Leading individuals

Stanley Chen - Fangda Partners

Xie Zheng - Fangda Partners

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China: Capital markets

PRC firms
Capital markets: PRC firms - ranked: tier 2

Fangda Partners 方达律师事务所

Fangda Partners continues to be at the forefront of the fast developing capital markets, particularly in the context of overseas equity and debt offerings, and enhanced its standing in the market by hiring Dong Wu and Xueyan Jiang from Haiwen & Partners. Under the NDRC’s new policy regarding the foreign debt introduced in September 2015, Wu and Xueyan Jiang acted for J.P. Morgan Securities, China International Capital Corporation Hong Kong Securities and UBS (Hong Kong branch) on a $500m zero coupon H-share convertible bond issuance by China Railway Construction. A multidisciplinary team assisted Focus Media with its RMB45.7bn back-door listing on the A-share market of the Shenzhen Stock Exchange, a complex relisting of an entity which was previously listed on Nasdaq. Other clients include Baozun, Alibaba, Goldman Sachs and BeiGene. Beijing-based Jeffrey Ding and Shanghai-based Leo Lou jointly head the 18-partner team, in which Michael Qi, Doris Tang and Jonathan Zhou ‘stand out’.

Leading individuals

Dong Wu - Fangda Partners

Jeffrey Ding - Fangda Partners

Michael Qi - Fangda Partners

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China: Corporate and M&A

PRC firms
Corporate and M&A: PRC firms - ranked: tier 1

Fangda Partners 方达律师事务所

Fangda Partners is particularly active in cross-border transactions, where it acts for domestic and multinational companies. In another impressive year, Jeffrey Ding and Diane Xue acted for ChemChina on its $43bn tender offer for Syngenta’s 100% outstanding shares; the team also assisted a consortium of investors in the $9.3bn take-private transaction of Qihoo 360 Technology. Other key figures include Jonathan Zhou, Michael Han, Leo Lou and Norman Zhong who were part of a team that assisted Alibaba with its investment in Suning Commerce, one of the largest privately owned retailers in the PRC. The team also advises on private equity investments, such as acting for CITIC Private Equity Funds Management on its investment in the series F financing of ele.me.

Leading individuals

Jonathan Zhou - Fangda Partners

Michael Han - Fangda Partners

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China: Dispute resolution

PRC firms
Dispute resolution: PRC firms - ranked: tier 1

Fangda Partners 方达律师事务所

Fangda Partners is experienced in handing a broad range of disputes, including litigation in Chinese courts and arbitration before China International Economic and Trade Arbitration Commission (CIETAC) and other arbitration settings. The team is well positioned to handle highly complex disputes arising from M&A, shareholdings and intellectual property. It is representing a multinational company in a series of disputes with its Chinese joint venture partner in relation to the control of the entity. Nuo Ji, Helen Shi, Benjamin Miao, Xiang Ji and Daniel Huang ‘stand out’ in the large team.

Leading individuals

Daniel Huang - Fangda Partners

Helen Shi - Fangda Partners

Nuo Ji - Fangda Partners

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China: Employment

PRC firms
Employment: PRC firms - ranked: tier 2

Fangda Partners 方达律师事务所

James Hu’s team at Fangda Partners handles a wide spectrum of employment matters. The team assisted Four Seasons in conducting compliance audits in a number of its hotels in the PRC and represented a pharmaceuticals company during an investigation into misconduct by employees and subsequent disciplinary action. Corporate partners Andrew Zhang and Xie Zheng are recommended for employment matters concerning M&A and foreign direct investment transactions.

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China: Intellectual property

PRC firms
Intellectual property: PRC firms - ranked: tier 2

Fangda Partners 方达律师事务所

Fangda Partners is experienced in acting for clients in the IT, computer science, chemical and telecom sectors in high-profile IP litigation. Gordon Gao and Fang Qi have been defending Allergan subsidiary Watson Pharmaceuticals in a patent infringement case against Eli Lilly before the Supreme People’s Court. Qi and James Hu have been defending InterDigital against a patent invalidation claim filed by a third party before the Beijing High Court. Other key partners include Dixon Zhang, Richard Lin and Yan Wang.

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China: Real estate and construction

PRC firms
Real estate and construction: PRC firms - ranked: tier 1

Fangda Partners 方达律师事务所

Fangda Partnersstands out for its quality of advice’. The team assisted Merlin Entertainments with opening its Legoland Park in Shanghai and has handled a number of PPP projects for Shanghai Electric. Stephen Lin advised Nan Fung Group on property management and the leasing of Nan Fung Tower to WPP; he and Yingying Wang also assisted Novartis with the $1bn-plus construction of its Shanghai campus. Dispute resolution specialist Ji Nuo was instructed on a number of complex real estate and construction disputes. Other clients include Kimberly-Clark, Daimler, AstraZeneca and Johnson Controls.

Leading individuals

Nuo Ji - Fangda Partners

Yingying Wang - Fangda Partners

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China: TMT

PRC firms
TMT: PRC firms - ranked: tier 1

Fangda Partners 方达律师事务所

Fangda Partners is well versed in media and technology law and has an enviable client roster which includes some of the largest companies in the PRC as well as multinational clients. Jonathan Zhou and Leo Lou represented Focus Media in relation to its backdoor listing on the Shenzhen Stock Exchange. In another highlight, the team acted for Alibaba in its investment in Suning Commerce as well as its acquisition of the remaining shares in Youku Tudou. Chen Bao represented Capital Today in its $65m investment in the series C financing of Hangzhou Huxiu E-Commerce. Doris Tang, who specialises in corporate finance and direct foreign investment, is another name to note.

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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • What is the relationship between PPP and concessions?

    From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.
  • Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Concilia

    The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.  Read more
  • Impact of Article 43 of the Commercial Bank Law on PPP Projects

    With the widespread use of the PPP model in China, financing channels for PPP projects have also increasingly diversified.  Bank, trust, fund and insurance channels of capital have all rushed onto the stage of project financing. Subject to Article 43 of the Commercial Bank Law, banks, as the traditional big brother of financing, have always played the role of lender.  In practice, the opinions as to whether they can participate in the bidding on, and contributing capital to, PPP projects as private investors have been mixed.
  • A LOOK BACK AND THOUGHTS ON PPP LEGAL PRACTICE IN CHINA IN 2015

    The current PPP tide in China driven by the Ministry of Finance and the National Development and Reform Commission witnesses the transformation and upgrading of large state-owned enterprises.  These enterprises that have traditionally only been familiar with bid invitation, bid submission, and construction, have started to have an impact on numerous new areas such as project proposal and planning, company establishment and acquisition, fund establishment and operation, etc.  Certain state-owned enterprises that got their starts fairly early have cultivated teams with extensive experience in investing, and certain enterprises that are just starting up are selecting young talent from various entities in all out effort to catch up.  Private enterprises also participate enthusiastically.
  • Transfer Pricing – New Risks in Declaring Price Impact of Special Relationship to China Customs

    China Customs recently requires that the importer or exporter of record declare the impact on the import or export price of its special relationship with the counterpart (“Price Impact”). Specifically the declaring party must state whether its special relationship, if any, would affect the transaction value or price as declared to the China Customs. Previously the special relationship was an item of declaration subsequent to a specific request from the Customs. However, the impact of the special relationship was not an item of declaration, and the declaration party even had a general defense right to disprove such Price Impact. The Price Impact, if any, has been a pre-condition for  the Customs not to accept the declared transfer price for the purpose of ascertaining dutiable price of a given import or export shipment, in which case, China Customs shall re-value the given shipment according to China customs valuation rules.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
  • ICC and CIETAC Arbitration Practice Comparison - Case Study Note 1

    One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
  • Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights:

    Ren Qing and Wu Peng, Partners in Zhong Lun Law Firm
  • POTENTIAL CHANGE OF CHINA’S FOREIGN INVESTMENT LAWS AND ITS EFFECT ON VIE STRUCTURES

    By Steve Zhao
  • Zhong Lun Advises Chinese Consortium on $1.9 Billion Acquisition of OmniVision Technologies, Inc.

    On April 30, 2015, OmniVision Technologies, Inc. (OVTI, a Delaware company listed on NASDAQ) announced that it has entered into a definitive agreement to be acquired by a consortium composed of Hua Capital Management Co. Ltd. (“Hua Capital Management”), CITIC Capital Holdings Limited (“CITIC Capital”) and GoldStone Investment Co. Ltd. (“GoldStone Investment”) (collectively, the “Consortium”). Under the terms of the agreement, OmniVision stockholders will receive $29.75 per share in cash, or a total of approximately $1.9 billion. The agreement was unanimously approved by OmniVision’s Board of Directors.