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Domestic and Cross-Border Commercial Arbitration, including Setting aside and Non-enforcement of Arbitral Awards:
Representing various private funds managed by a top private equity fund management company in multiple CIETAC arbitration cases to resolve disputes arising out of equity investment, and the clients' rights and interests were fully protected by timely adoption of preservation measures, the total amount in dispute was more than 1 billion yuan.
Representing a world’s top PE fund in handling complex disputes arising from the sale and purchase of shares of an A-listed company. We took over the case after the client has signed a very unfavorable agreement with the other party, and helped the client collect favorable evidence, designed a feasible arbitration strategy to minimize the possible losses. The total amount in dispute was about 1 billion yuan.
Assisting a pharmaceutical investment platform established by a top private equity fund in handling multiple arbitration disputes arising from equity investment between it and a number of investee companies and their actual controllers, involving a total amount of about 1 billion yuan in dispute.
Assisting a pharmaceutical investment platform established by a top private equity fund in handling multiple arbitration disputes arising from equity investment between it and a number of investee companies and their actual controllers, involving a total amount of about 1 billion yuan in dispute.
Representing a world’s top PE fund in an investment dispute. The counter party tried to delay the legal actions our client could take by taking advantage of its dominant position in the agreement, which made our client could hardly file an arbitration directly for commercial reasons. We helped the client collect favorable evidence, use superb business negotiation skills to exert pressure on the counter party in various ways, and finally force the counter party to accept our settlement proposal, which successfully achieve the client’s business purpose. The total amount in dispute was about 400 million yuan.
Representing a well-known domestic healthcare equity investment fund in a CIETAC arbitration on equity investment related disputes, and finally won the judgment with the arbitration tribunal dismissed all claims of the other party. The total amount in disputes was about 120 million yuan.
Representing a fund managed by a top private equity fund manager in a CIETAC arbitration regarding complicated entrusted loan related disputes, the amount in disputes was about 100 million yuan.
Representing 2 private funds in an HKIAC arbitration against a world-renowned investment institution regarding a dispute on cross-border investment. And finally secured a satisfactory settlement for the client. The amount in dispute was more than USD100 million.
Representing a major educational institution in a HKIAC arbitration regarding disputes with offshore investors on payment for equity acquisition and issued a PRC legal opinion. The amount in disputes was approximately USD40 million.
Representing a Hong Kong company in a HKIAC arbitration regarding its JV agreement disputes with investors from Mainland China. The amount in disputes was approximately USD20 million.
Representing a technology company and several individuals in multiple CIETAC arbitrations in connection with their disputes arising out of fund agreements with a fund manager of one of the largest fund management companies. All cases were decided or settled in favor of the clients. The amount in disputes was over 100 million yuan.
Representing a major PRC listed company in a complicated cross-border CIETAC arbitration in connection with its disputes regarding equipment quality and patent rights against a foreign technology company. Taking proactive actions by initiating dispute resolution process in a timely manner and finally settled the case with the other party on the most favorable terms for the client. The amount in dispute was about 3 billion yuan.
Representing a major PRC listed company in a SHIAC arbitration in connection with its disputes over an equipment purchase and sale agreement. The total amount in dispute was more than 1 billion yuan. The client, as the seller, received 300 million yuan in liquidated damages, which is known as one of the highest compensation cases in China based only upon liquidated damages clause.
Representing the guarantor of the respondent in a guaranty agreement dispute before SHIAC when the period for submitting evidence had expired twice. With sophisticated evidence and litigation skills used in this highly complicated case, finally reached a settlement for client with applicant(a famous investor) at about one-tenth of the guaranteed amount.
Representing a major HK-listed company in an arbitration matter before CIETAC defending its disputes over a general construction contractor agreement with total amount in disputes over 100 million yuan. With effective arbitration strategy and negotiation skills, finally got a satisfactory settlement for the client.
Representing a major PRC listed company as respondent before Shanghai Arbitration Commission in connection with its disputes over a transaction contract. Under extremely unfavorable terms in the contract, with good negotiation skills and commercial sense, finally reached a settlement for the client with the applicant without any payment of liquidated damages. The amount in dispute was approximately 500 million yuan.
Representing a subsidiary of one of the world’s top mobile communications multinational company in a CIETAC arbitration in connection with its complex contract disputes with its cooperation partner and obtained a most favorable judgment for the client.
Representing an overseas transportation company in a CMAC arbitration in connection with its complex cross-border freight transport agency contract disputes with another foreign company, and obtained a most favorable judgment for the client.
Representing a domestic educational institution on its application for non-enforcement of an arbitration award made by HKIAC regarding equity investment disputes before Beijing Fourth Intermediate People's Court. The amount in dispute was about USD60 million. After reviewing by Beijing High Court and Supreme People's Court, the Court finally granted a total non-enforcement verdict in favor of client. The cumulative losses avoided for the client was approximately USD150 million.
Representing a domestic enterprise on its application for non-enforcement of an arbitration award made by SIAC before Urumchi Intermediate People's Court. The Court finally granted a non-enforcement verdict in favor of client. The cumulative losses avoided for the client was approximately 500 million yuan.
Representing a domestic educational institution on its application for setting aside an arbitration award made by HKIAC regarding equity investment disputes before the High Court of Hong Kong. Obtained sufficient time and chance for the client,successfully stopped the opposing party’s enforcement of the award and therefore protected the client from suffering huge economic loses. The amount in dispute was about USD 14 million.
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Domestic and Cross-Border Litigation:
Representing a well-known domestic biopharmaceutical company and its founder to provide comprehensive legal services in a series of disputes regarding equity investment, corporate control, administrative review and infringement of reputation. The client finally won all the cases we represented. In particular, the Decision of Administrative Review made by China Securities Regulatory Commission was the only one that totally annulled the original administrative act among all the over 500 decisions published on the official website of the CSRC. The market value of shares in dispute was about 2 billion yuan.The case was awarded as one of the Outstanding Cases of the Year 2020 by China Business Law Journal.
Representing a foreign shareholder of a well-known overseas listed biomedical company and providing comprehensive legal services in a serious of corporate control disputes against PRC shareholders. The disputes involved complicated cross-border corporate control disputes of a US listed company, a Hong Kong Company, an offshore island company and a PRC company. The client won a fully favorable judgment in Mainland China. The total amount in dispute was hundreds of millions of US dollars.
Representing a top domestic fund management company to provide full dispute resolution services in a series of lawsuits and potential disputes arising out of its domestic and foreign investments, and its LP’s issuance of bonds overseas. The total amount in dispute was more than 10 billion yuan.
Representing a domestic private enterprise in resolving its complex disputes with a state-owned enterprise regarding shares and dividend of a PRC listed company. The total value of shares in dispute was more than 10 billion yuan.
Representing a notable foreign investment bank to provide dispute resolution services as to its potential liabilities arising out of its acting as bond manager in PRC and so involved in bond issuance and in bondholders meeting services. The total amount in dispute was more than 3 billion yuan.
Representing multiple domestic fund management companies to provide legal service in various disputes arising out of entrusted loans provided by their mezzanine funds. The total amount in dispute was more than 3 billion yuan.
Representing a number of well-known private equity investment institutions in handling six equity repurchase disputes between them and the actual controller of the invested company, and facilitated all cases to be settled within four months in a very favorable way for the client, the total amount in dispute exceeded 550 million yuan.
Representing a PRC bank on a Hong Kong investment platform to provide legal services in a series of equity and company control disputes with PRC investment funds and companies. The total amount in disputes was more than 300 million yuan.
Representing a well-known state-owned enterprise, which is also a fortune 500 company, in its complex energy related disputes and providing legal services involving litigation, arbitration and criminal risk prevention consultation. The total amount in dispute was about 8 billion yuan.
Advising a well-known Canada-listed company in the proceedings before the High Court of a Canadian province on PRC law related issues, providing expert opinion on PRC law and testifying before the court. The total amount in dispute was more than USD6 billion.
Representing a notable domestic real estate company in dispute regarding a real estate purchase and sale agreement after the client had lost the first instance. By submitting plenty of supplemental evidence, overturned the judgement after it was remanded to the court of first instance. And finally forced the opposing party to reach a settlement with the client acknowledging all of the client's claims in first instance and perform accordingly. The market value of the real estate in dispute was about 300 million yuan.
Representing a top well-known investment management company in China and a mining development company in a retrial case heard by the Supreme People's Court regarding energy cooperation dispute. We took over the case just 1 day prior to the expiration date of the time limit for adducing evidence. By applying for expert witnesses to testify in court and dealing successfully with three highly complicated appraisal procedures, we finally persuaded the Supreme People's Court to reject more than 97% of claims from counter party. The total amount in dispute was about 168 million yuan.
Representing an overseas listed company, which is also an affiliate of a fortune 500 state-owned company, in a series of disputes arising from its sales contracts. We took over the cases after the client had already obtained very unfavorable effective judgments. By fully collecting a large amount of new evidence that strong enough to overturn the original validity judgment, we finally helped the client obtain complete favorable retrial judgments in Beijing High People’s Court and several other courts all over China. The negative impacts the original judgments had on the client was therefore totally eliminated.
Representing a Hong Kong listed company in its loan contract in the second instance procedure before the Supreme People’s Court. The total amount in disputes was about 130 million yuan. After adjudication, the Supreme People’s Court dismissed 90% of the other party's claims.
Representing a large Hong Kong listed company in a series of environmental protection administrative review and administrative litigation proceedings against environmental administrative authority. The total amount in dispute was about 1 billion yuan.
Representing a well-known automotive company, provided comprehensive legal services in a sales contract dispute with professional counterfeiters regarding punitive damages under the Consumer Rights Protection Law. The disputed amount in the case was tens of millions, and successfully helped the customer obtain a winning judgment.
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Bankruptcy, Liquidation and Reorganization:
In a complex bankruptcy restructuring project involving leading high-tech enterprises in China, we provided legal services for a state-owned capital company as an investor to participate in the investment value of the project's restructuring assets, with a total amount of approximately 1 billion yuan. At present, the project has been successfully restructured and delivered;
Representing Maybank as offshore creditor to deal with verification of assets and liabilities of subsidiaries of Pacific Andes International Holdings Limited in mainland China in the bankruptcy liquidation project of the 1.5 billion yuan of Pacific Andes, a HK-listed company. The project won the ALM financial transaction of the year award.
Representing several debtors to participate in the joint bankruptcy and restructuring proceedings of a large domestic company listed in Hong Kong and its nearly 100 affiliates. The clients declared 20 claims in the case with an aggregate amount of more than RMB1 billion. The total amount of the declared claims in the proceedings was more than RMB 70 billion.
Representing a PRC subsidiary of a multinational company with several well-known fashion brands in China as a creditor in the joint bankruptcy and restructuring proceedings of 92 affiliates of the largest private business group in a province of northeast China. The case involves five major sectors: department stores, real estate, entertainment, catering and hotels. At present, nearly 130,000 claims have been filed, with a total amount of more than 22 billion yuan of claims declared in the joint bankruptcy proceedings. In this case, we acted for the client not only for the filing and verification of claims with the administrators of 13 regions, but also dealing with the continued cooperation issues with the debtors and bankruptcy administrators of the case, as well as assisted the client to be selected and as a member of the creditor committee from nearly 130,000 creditors to supervise administer and debtors in the management and disposition of the debtor's property and negotiations with potential investors.
Representing a leading domestic private equity investment fund and its affiliates as shareholders and creditors of a new energy company in which it invests, to carry out debt restructuring of the new energy company as the subject of its equity and debt investment through pre restructuring and restructuring procedures. In the bankruptcy reorganization proceedings involved in this project, the declared amount of debt owed to the debtor company is nearly 3 billion, with over 260 creditors; The Xu lawyer team successfully introduced restructuring investors in bankruptcy reorganization by assisting clients, negotiated and ultimately reached a restructuring plan, and initially realized the client's demands; The project is currently in the execution phase of the restructuring plan;
Representing a Hong Kong listed company as a restructuring investor in the substantive merger and reorganization proceedings of over 100 Chinese domestic operating entities of another Hong Kong listed company, assisting clients and administrators in communicating and conducting due diligence on the disposal of high-quality assets of bankrupt enterprises, seeking trading opportunities to acquire high-quality assets in bankruptcy reorganization proceedings, and assisting clients in improving their market layout;
Representing a well-known offshore listed company to deal with its corporate control disputes and complex real estate liquidation disputes against other PRC shareholders in a highly complicated compulsory liquidation case before a PRC court. The value of liquidation assets in dispute was more than 20 billion yuan.
Representing a PRC subsidiary of a fortune 500 company headquartered in USA in a compulsory liquidation case. And obtained a court verdict approving registration of cancellation of the company for the client, in which case the PRC shareholders refused to turn over the financial documents and books and the compulsory liquidation could not be done through the general procedural approach. It was the first court verdict in Beijing approving the registration of cancellation of a company when compulsory liquidation cannot proceed. We also helped the client communicate with the Administration for Industry and Commerce, Tax and Foreign Exchange authorities, and finally successfully achieved the client’s purpose of cancellation of the company. This project has been shortlisted in the list of “Outstanding Cases of Foreign-related Legal Practice in 2019” selected by the National Lawyers’ Association.
Representing a HK subsidiary of one of the world’s top producer of building materials to deal with a bankruptcy liquidation case of a JV invested by the client in Mainland China. This case involved complicated debts between the JV and the local government that lasted over 20 years, and the total claim of the creditors was about 200 million yuan.
Representing a well-known offshore listed company to deal with its corporate control disputes and complex real estate liquidation disputes against other PRC shareholders in a highly complicated compulsory liquidation case before a PRC court. The value of liquidation assets in dispute was more than 20 billion yuan.
Representing a foreign company in the liquidation and de-registration of a PRC enterprise invested by a Hong Kong subsidiary of the client and two subsidiaries. Since the official seal and financial documents of the subsidiary are lost, and the legal representative is missing, the involuntary liquidation procedure cannot be completed. We assisted the client to apply to the court for compulsory liquidation as shareholder, persuaded the court to accept the case and finally issued an adjudication approving the de-registration of the subsidiary.
Representing a foreign shareholder in the voluntary liquidation of a JV it invested in. In the past the JV cannot proceed its liquidation due to the death of the original legal representative and some of its board members refused to cooperate. We assisted the client to negotiated with the authorities and the Chinese shareholder, and restarted the liquidation process through the replacement of the board members, the legal representatives and the members of the liquidation group.
Representing a WFOE and its branches in filing of bankruptcy. The case involved more than ten branches and thousands of creditors and debtors, and the total investment of the client exceeds 200 million yuan.
Representing a top private equity fund management company as a creditor to participate in joint bankruptcy and reorganization proceedings of a private enterprises group and its several affiliates, and negotiating the restructuring plan on behalf of the client, as the biggest creditor and mortgagee, with the administrator and potential investors. The case involved six enterprises, five plots of land and 20 factories, as well as a large number of vehicles, machinery and equipment, and other assets, with a total declared debt amount of about RMB1.7 billion.
Representing a number of subsidiaries of a key state-owned enterprise in their filing for bankruptcy and liquidation related matters. In this case the legal representative of the subsidiaries has been taken criminal measures, financial books and other documents are mismanaged. We provided legal services in assisting the clients to re-sort the list of creditor's rights and debts and preparing bankruptcy filing documents.
Representing a wholly foreign-owned company and its subsidiaries in handling bankruptcy liquidation applications. The company previously mainly engaged in bus card recharge business, and has signed a series of business contracts with hundreds of agents. The company has more than 1000 creditors, so the sorting of its debt relationship such as accounts receivable and accounts payable is very complex. We assist clients in sorting out financial information and preparing bankruptcy application documents;
Representing a top private equity fund management company in the liquidation of a PE fund it managed, and advising on various kinds of potential disputes between the general partner and limited partners in the liquidation process; the PE fund raised more than 2 billion yuan.
(In addition, Xu Bangwei's legal team also provides legal services to restructuring investors, creditors, and debtors in multiple domestic and cross-border large-scale liquidation, bankruptcy, and restructuring projects.)
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Disposal of Non-Performing Assets:
Representing a non-bank financial institution to handle the transfer, liquidation and enforcement of NPLs portfolio arising from bad entrusted loans with principal amount exceeded RMB500 million. To speed up the recovery process, the team obtained litigation preservation orders for various types of properties and company equity in different places within three and a half months and won the first instance judgment in a provincial high court.
Representing a foreign bank in relation to the enforcement of an extremely difficult portfolio (which involves over 10 loans with the principal amount exceeding RMB1.2 billion and the mortgaged real estate in 6 first and second tier cities). At the beginning of the enforcement, the creditors involved in the portfolio were in different provinces; all litigations were delayed in adjudication or in suspension or in termination of the enforcement process. Our team successfully helped the client to recover about 250 million yuan within 8 months.
Representing an offshore bank in enforcement and collection of non-performing assets. In this case, the mortgaged real estate and the enforcement court were located in different provinces, and debtors and non-mortgaged creditors had created various obstacles to the enforcement of claims. The team successfully transferred enforcement jurisdiction , solved the following complex issues: overlapping legal issues of civil law and criminal law, third party’s objections in enforcement process, the debtor illegally leased the real estate and therefore infringed the rights of mortgagee, the forcible occupation of the collateral by a third party creditor, the clearing of the mortgaged real estate, the occupation of mortgaged real estate by adjacent property, etc., and therefore safeguarded the client’s legitimate interest to the maximum extent.
Representing several domestic investment institutions and providing comprehensive services in connection with enforcement, disposal and transactions of NPL portfolios arising from their non-performing entrusted loans, the amount involved was more than 2 billion yuan.
Representing a top domestic investment institution and providing due diligence and liquidation of claims and debts services in connection with an investment in more than 10 distressed assets.
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In addition, Lawyer Xu has provided or is currently providing legal services related to non-performing assets for the following financial institutions:
Providing legal services for China Construction Bank in non-performing asset disposal projects;
Providing legal services for Bank of China in non-performing asset disposal projects;
Providing legal services for China Cinda Asset Management Co., Ltd. in the non-performing asset disposal litigation project;
Providing legal services for China Eastern Asset Management Company in non-performing asset disposal litigation projects;
Providing legal services for China Huarong Asset Management Co., Ltd. in non-performing asset disposal projects;
Providing legal services for CITIC Asset Management Co., Ltd. in the transfer of non-performing assets project;
Providing legal services for China Huaneng Group in non-performing asset disposal projects;
Providing legal services for Beijing Hande Donghui Asset Management Co., Ltd. in the acquisition of non-performing assets project;
Providing legal services for Beijing Guotong Asset Management Company in a non-performing asset project.
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Administrative reconsideration and administrative litigation:
Representing a well-known domestic biopharmaceutical company and its founder, we provided comprehensive legal services in a series of equity transfer disputes, company control disputes, and resulting administrative and reputation disputes with the China Securities Regulatory Commission (CSRC). Ultimately, we won all equity transfer agreement litigation cases, reputation dispute cases, series of board of directors shareholder resolution cases, and review cases against the provincial CSRC handled by the China Securities Regulatory Commission. The market value of the involved equity is approximately RMB 2 billion.
Representing a large Hong Kong listed company in handling a series of environmental administrative reconsideration and litigation with a certain environmental protection administrative agency, involving administrative penalties and economic losses of approximately RMB 1 billion. Assisted the client in analyzing Chinese laws and regulations, formulated negotiation, reconsideration and litigation plans with the government, and also assisted the client in finding and appointing top environmental law experts and witnesses in China. By filing administrative reconsideration and litigation on behalf of the client, successfully led the government to adjust administrative actions and completely cancel administrative penalty measures.
Representing a large domestic real estate development company in handling tax administrative reconsideration and administrative litigation with a certain tax authority, with a dispute amount of approximately RMB 200 million. Assisted the client in finding and hiring top Chinese tax and administrative law experts and witnesses, and achieved the client's business goals through administrative litigation.
Representing a world-renowned retail enterprise in response to an administrative investigation, hearing, and penalty procedure involving food safety by a provincial-level industrial and commercial administrative authority, after assisting clients in responding to the administrative investigation and hearing procedures, the amount of administrative penalty was successfully reduced from nearly 100 million yuan to 3 million yuan.
Representing a world-renowned food enterprise in response to an administrative investigation, hearing, and penalty procedure involving commercial bribery and unfair competition by a provincial-level industrial and commercial administrative authority. After assisting clients in responding to the administrative investigation and hearing procedures, the administrative penalty amount was successfully reduced from approximately 20 million RMB to 300000 RMB.
Representing a natural person in a dispute over administrative penalty decisions against public security organs in the Jing'an District Court and the Second Intermediate People's Court of Shanghai, the administrative penalty decision was ultimately successfully revoked in the second instance.
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Intellectual property and Unfair Competition:
Representing Longxin Zhongke (stock code 688047), a listed company that represents the leading domestic independent CPU design, production, sales, and services, handled a series of intellectual property disputes and unfair competition cases, and helped clients obtain a complete victory in rejecting all litigation requests from the other party in copyright infringement and unfair competition disputes. While safeguarding the legitimate rights and interests of clients and commercial reputation, it also helps to build a self controlled information technology system and industrial ecosystem in China.
Representing a top e-business company to file a lawsuit against another top e-business company in relation to disputes arising out of unfair competition, and finally got a satisfactory settlement for the client. The market share involved in this dispute valued more than 10 billion yuan.
Representing a well-known domestic listed company, handling trademark disputes in a series of cases tried by the Supreme People's Court, Beijing Higher People's Court, and Beijing Intellectual Property Court, all of which were successful, with the value of the involved trademark exceeding RMB 10 billion.
Representing an internationally renowned telecommunications operator (Fortune 500 company), providing comprehensive dispute resolution legal services in a series of contract disputes and intellectual property disputes between it and domestic telecommunications operators and agents, with a total amount of approximately RMB 500 million.
In a case finally tried by the Supreme People's Court, representing a well-known online game company, another game company claimed that it constituted computer software copyright infringement and unfair competition, and was requested to pay a high compensation of 50 million RMB. In the case where the facts, evidence, and judicial appraisal results were unfavorable to the customer and the customer faced difficulties in providing evidence, efforts were made to assist the customer in winning the court's rejection of the majority of the absolute claims, achieving customer satisfaction and successfully safeguarding the customer's rights.