lead counsel in the first litigation in China between the applicant for independent guarantee and the issuer over wrongful payment; I was involved in a landmark case on the recognition and enforcement of an arbitral award rendered by the Sugar Association of London, through which the Supreme People’s Court of China, for the first time, confirmed that those violating Chinese mandatory laws do not necessarily violate China’s public policy, etc. Beyond my legal practice, my scholarly endeavors include founding the “China Construction Law Review”, China’s first journal dedicated to construction law, and authoring a seminal book on Singapore Mediation Convention, titled “United Nations Convention on International Settlement Agreements Resulting from Mediation – Legislative Background and Articles Interpretation”, which is among the world’s first expositions. In addition to contributing to the enhancement of legal practices and scholarly references, I have been actively engaged in legislative proceedings in China. Since 2017, I have served as China’s representative in UNCITRAL Working Group II, striving to influence 32 LAWYER MONTHLY JANUARY 2024 legislative trends in crucial areas. More specifically, I’ve delivered reports on the ratification advice of the Singapore Mediation Convention, the formulation of China’s Commercial Mediation Law, and the revision of China’s Arbitration Law. Leading an expert working group, I played a key role in drafting proposals for China’s Building and Construction Industry Security of Payment and Adjudication Law. Globally, I have fostered advancements in the field of cross-border dispute resolution through leadership roles in arbitration institutions. I co-led the establishment of the Tashkent International Arbitration Centre, actively contributed to the formulation of its arbitration rules, and currently act as a member of its Supervisory Committee. Additionally, as a Member of the ICC International Court of Arbitration, Board Member of the Singapore International Mediation Centre, and Member of the International Advisory Board of the Vienna International Arbitration Centre, I joined those institutions’ efforts in advancing arbitration practices and engaged in thought leadership at international forums. Could you share some impressive international arbitration cases from your career as counsel? Throughout my career, I have been involved in many complex international arbitration cases, two of which stand out due to their unique challenges and successful outcomes. The first case was representing a Chinese investor in two parallel proceedings against the government of an African country. Acting as the contractor, my client entered into a construction contract with the government, as the employer of an infrastructure project. Disputes later arose out of the government’s repudiation of the contract. Given the intricate facts, sensitive nature, and substantial dispute value, this case was particularly challenging. The government, playing dual roles as the employer of the project and the host state’s government, not only breached the contract but also violated treaty obligations outlined in its bilateral investment treaty with China. In response, we pursued both investment arbitration and commercial arbitration simultaneously, aiming to safeguard our client’s procedural and substantive rights. This exerted significant pressure on the government, which ultimately led to the signing of a settlement agreement favorable to the investor. This case was a landmark in my career, marking the first instance of a Chinese law firm independently representing a Chinese investor in an investment arbitration. The success of our strategy further solidified our pride in achieving positive outcomes under challenging circumstances. The second case involved representing a Chinese construction company in multiple intertwined ICC arbitration proceedings relating to the construction of a stadium for the 2022 Globally, I have fostered advancements in the field of crossborder dispute resolution through leadership roles in arbitration institutions.
RkJQdWJsaXNoZXIy Mjk3Mzkz