Dispute Resolution

Fangda is widely acknowledged as having one of the leading dispute resolution practices covering the Mainland, Hong Kong and beyond, with more than 40 partners and 170 associates in our offices. Our clients choose us to represent and advise them on their critical trials and arbitrations, investigations, regulatory proceedings, and investment protection matters.

They form integrated teams, as required, with lawyers in the firm’s market-leading corporate, financial, transactional, and investment practices. Our knowledge spans many industries and sectors, including banking, energy, financial services, healthcare, manufacturing, media, pharmaceuticals, real estate, retail, technology, mining and natural resources and telecommunications.

We aim to achieve optimal results for our clients to help them resolve their disputes by delivering cost-effective, pragmatic and novel solutions.

Recognition

  • Dispute Resolution (PRC Firms) - Band 1
    Chambers Asia-Pacific, 2021
  • Dispute Resolution: Arbitration (PRC firms) - Tier 1
    The Legal 500 Asia Pacific, 2021
  • Dispute Resolution: Litigation (PRC firms) - Tier 1
    The Legal 500 Asia Pacific, 2021
  • Dispute Resolution - Outstanding
    Asialaw Profiles, 2021
  • Dispute Resolution: Litigation (International Firms) - Band 5
    Chambers Asia-Pacific, 2021
  • Dispute Resolution: Arbitration (International Firms) - Band 4
    Chambers Asia-Pacific, 2021

Notable Matters

We have represented, acted for and advised clients on many major disputes. These include:

Dispute Resolution

Cross-Border Disputes
  • A well-known U.S. air purifying equipment manufacturer before a court in Shanghai against a Chinese American to successfully recognize and enforce a judgment by a U.S. court. This was only the second time a Chinese court has recognized a commercial judgment in the U.S.
  • A major Japanese construction material company in a complex, high-value and trans-jurisdictional dispute arising from financial manipulation conducted by the founders of a domestic sanitary ware company indirectly acquired by our client. We represented our client to file tort litigation against the founders before a provincial high court in China on the basis of German law, obtained a Mareva injunction in support of the German parallel litigation proceedings in Hong Kong, advised in other related litigation and arbitration proceedings in Germany and Luxembourg, and represented our client in the insolvency reorganization proceedings of the target company as the largest creditor, as well as a major debtor.
  • A PRC subsidiary of a New York-listed investment fund in successfully obtaining a Mareva injunction against a red chip company and others from the Hong Kong High Court in support of PRC proceedings in a RMB550 million dispute.
  • A large investment fund in a series of disputes with its JV partner in Mainland China, Hong Kong and Japan, including defending in lawsuits initiated by the JV partner before a court in mainland China and obtaining an injunction in Hong Kong restraining the directors appointed by the JV partner from acting on behalf of the Hong Kong subsidiary.
  • A renowned Hong Kong businessman in disputes arising from a family trust agreement with family members for the distribution of family assets in claims totaling RMB40 billion.
  • A large state-owned company in an arbitration before CIETAC against its trading partner for breach of sales and purchases contracts totaling RMB200 million, including advising on the feasibility of obtaining injunctive relief against the opposing parties and their assets in Hong Kong.
  • A London-based global alternative investment fund manager in multiple litigation proceedings before a court in Shanghai against Chinese investors in relation to a multi-billion dispute arising from overseas equity investments in a fund.
  • The owner of a Belt & Road infrastructure project on its recovery of losses arising from the government of the host country’s acts of nationalization and expropriation.
Corporate Disputes
  • China Resources in dealing with the disputes arising from corporate control of Vanke.
  • Yongle in an arbitration against Dazhong arising from a contentious M&A deal.
  • San Want Media Holdings in a shareholder dispute in connection with the ownership of ATV, formerly one of the main TV stations in Hong Kong.
  • A fund and its manager against another listing company and its controller in relation to a share repurchase dispute. The total value in dispute was more than RMB7 billion.
  • A well-known PRC financial institution in a CIETAC arbitration against its partners in relation to an outstanding payment under an investment agreement amounting to RMB300 million.
  • A private equity firm in a SHIAC arbitration against a listed company and its actual controller, as well as a payment service company, in relation to a RMB700 million dispute arising from an equity transfer agreement.
  • A Chinese trust company in a dispute over the validity of shareholder and board of directors resolutions effecting a capital increase valued at several billion RMB.
  • The seller in litigation arising from the termination of an RMB2.2 billion share purchase agreement before the Guangdong High Court.
  • A renowned auto company and its Chinese subsidiary in a CIETAC arbitration against their Chinese partner in relation to disputes over corporate control of a joint venture.
  • A large Chinese coal mining company in CIETAC proceedings against a Chinese listed company in relation to a RMB1.1 billion dispute arising from a share transfer agreement.
  • A red chip software company in its decade-long US$100 million joint venture dispute with a well-known Hong Kong company in multiple legal proceedings, including several CIETAC arbitrations and litigation before the Supreme Court and the Jiangsu High Court.
  • Two ex-senior officers in defense of a HK litigation action brought by their former employer, a Chinese internet company, for RMB100 million damages for breaches of employment contract and confidentiality obligations.
  • A domestic manufacturer in an arbitration case against the founder of an acquired company arising from value adjustment arrangement.
Financial Disputes
  • Lehman Brothers International (Europe) in litigation proceedings commenced by Hua An Fund Management Co. in the Shanghai High Court. The dispute concerned the overseas investment of financial derivatives under China’s Qualified Domestic Institutional Investor (QDII) regime.
  • A multinational bank in 10 arbitration and litigation proceedings against defaulting clients in relating to disputes over financial derivatives.
  • Several securities companies in multiple litigation proceedings against the shareholders of listed companies in disputes arising from stock repurchase agreements.
  • Sinosure in dozens of litigation and arbitration cases concerning credit insurance and trade finance disputes.
  • A leading Chinese bank before the Beijing High Court involving complex issues regarding equity interests in a limited liability company, of which the amount in dispute exceeds RMB1.2 billion.
  • A leading domestic bank to conduct asset searches and recover debts from various guarantors in relation to six loans.
  • A Philippine company in proceedings brought by a Chinese civil constructor before a court in Beijing over a RMB100 million fraud claim.
  • A Chinese education investment company in a RMB450 million-plus action before the Shanghai High Court brought by a Chinese trust company concerning a dispute over transfer of equity earnings.
Commercial Contract Disputes
  • A well-known Italian luxury manufacturer against one of its former resellers in malicious lawsuits in Dalian, Ji’nan and other cities in Mainland China.
  • A joint venture company in China between one of the world’s largest steel companies and one of China’s largest carbon companies in defense of a CIETAC arbitration commenced by a Sino-U.S. joint venture company over a RMB300 million dispute arising from a purchase contract.
  • A top university in China in a RMB118 million case before a court in Beijing against an independent college in China in relation to claims for refund of school running costs, and also in an arbitration before CIETAC involving the termination of a cooperation agreement.
  • A Japanese household electrical appliances company in a CIETAC arbitration against a global household electrical appliances manufacturer in relation to a RMB110 million contractual dispute.
International Arbitration
  • A Korean energy company in winning a SIAC arbitration against a U.S. energy company arising out of a supply agreement over liquid and gaseous products.
  • A UK energy company in a Singapore-seated UNCITRAL ad hoc arbitration against a PRC state-owned offshore oil and gas developer in a US$500 million-plus dispute arising out of their cooperation in discovering, developing, and producing a natural gas field.
  • A large multinational energy company against a Chinese state-owned oil company in a RMB5 billion dispute over cooperation in discovering and mining onshore gas.
  • A large state-owned holding company in a HKIAC arbitration initiated by its joint venture partners in a RMB800 million management dispute.
  • A Chinese company in handling its affiliated BVI company’s disputes in a HKIAC arbitration against a private equity fund concerning issuance of convertible bonds.
  • A leading mobile advertising company and its shareholders in a HKIAC arbitration with other shareholders arising from an M&A transaction.
Real Estate and Construction Disputes
  • A major German investment company in a RMB720 million CIETAC arbitration over a real estate trade dispute with a Chinese real estate developer.
  • A Chinese real estate developer in a SHIAC arbitration against two Hong Kong-invested companies relating to a RMB2 billion dispute over a shopping mall transaction.
  • A well-known Taiwan-invested retailer in a RMB750 million arbitration against a local commercial real estate giant arising from a lease dispute.
  • A Chinese real estate developer in a dispute with another Chinese real estate developer in relation to the fight for corporate control and compensation of damages for breach of agreement.
  • A Hong Kong-listed real estate company before the Sichuan High Court in a RMB560 million case arising from a real estate development.
  • A leading Chinese curtain wall system company in a CIETAC arbitration against a large Chinese real estate company in relation to a RMB160 million construction dispute.
  • A foreign-invested property management company in a case before a Shenzhen court against the Shenzhen Urban Planning and Land Resources Committee over real estate registration.
Torts
  • ConocoPhillips in hundreds of lawsuits filed by fisherman and tourism operators stemming from the Penglai 19-3 Oilfield Spill incidents of 2011. This public interest litigation was the first such case against a foreign company following the establishment of the public interest mechanism in China.
  • Qihoo 360 in a defamation claim against a newspaper agency before a court in Shanghai, obtaining the first injunctive order rendered by a Shanghai court for defamation cases and a favorable judgment granting record-breaking damages.
  • Rolls-Royce Holdings before a court in Beijing in cases brought by multiple Chinese individuals claiming millions in compensation in relation to air transportation damage disputes.
  • A major shareholder of an A-share listed company to claim damages of more than RMB500 million arising from the court’s wrongful attachment of assets, by bringing a lawsuit against the attachment applicant before the Guangdong High Court.
  • A major U.S. securities company before a court in Beijing in its defense of claims of reputation infringement brought by a first-tier law firm in China. We successfully persuaded the plaintiff to withdraw all its claims.
  • A U.S. automobile manufacturer before an Inner Mongolia court in its defense against the relatives of a traffic accident victim claiming product liability.
  • A Big 4 accounting firm in a RMB21 million-plus class action before a court in Yunnan concerning alleged false representation.
Government-related Proceedings
  • A financial market investor in administrative proceedings relating to the supervision of the stock market.
  • A local government in Sichuan in a CIETAC arbitration filed by a foreign-invested company in relation to a dispute over contract performance and liability for breach of contract arising from a PPP project.
  • A major shareholder of an A-share listed company to claim damages of more than RMB500 million arising from a Guangdong court’s wrongful attachment of assets.
  • A world-leading retailer in successfully challenging the regulatory penalty imposed by a food authority in Beijing.
Criminal
  • Clear Media, a leading Hong Kong-listed media and outdoor advertising company, in a forensic investigation and criminal complaint over an alleged misappropriation.
  • A global leader entertainment technology company in criminal proceedings before a court in Shanghai over alleged smuggling.
  • A Hong Kong company in recovering RMB65 million wrongly frozen by the police.