CLIENT SERVICES

Commercial Litigation

Overview

DaHui possesses a first-class track record in providing constructive, creative and practical counsel to help our clients swiftly resolve their commercial disputes inside and outside court. We have represented leading corporations and institutions in many notable cases before all levels of courts across China, involving disputes concerning IP, competition, labor, commercial bribery, construction, product liability, contracts, securities and M&A, and representing domestic and international business leaders.

DaHui continues to be a preferred firm for the most complex, especially cross-border disputes, on account of the consummate analyses and advocacy our litigators bring from and to practicing in multiple forums and before judges as well as at the negotiating table. We also serve as co-counsel and even lead counsel in cases that involve coordinating among attorneys across myriad jurisdictions in high-stakes global disputes. With our own international experience and presence, and lawyers positioned in the United States and United Kingdom as well as China, we regularly deploy a range of procedural approaches, governmental resources, public security and criminal measures and even intra-industry and PR strategies to efficiently achieve optimal resolutions for our clients’ disputes.

Our services in this area include:

  • Pre-litigation services, including:
    • conducting comprehensive analyses of case materials and evidence, identifying key dispute points of the case and drafting legal analyses to assist in business decisions
    • analyzing defense and response strategies that the counterparty may adopt, and formulating corresponding countermeasures
    • assisting in preliminary investigations of counterparties’ property, analyzing property preservation risks and formulating preservation plans
  • Litigation services, including:
    • drafting legal documents, e.g., complaints and rebuttals, objections to jurisdiction, evidence catalogues, property preservation applications, procedural filings and applications for appellate review or retrial
    • assessing and hiring external and expert witnesses, and assisting them to draft witness and expert testimony
    • attending pre-trial talks, pre-trial meetings and formal hearings, raising cross-examination opinions, conducting cross-examination of opposing witnesses, etc.
    • planning and assisting in settlement negotiations
  • Post-litigation services, including:
    • assisting to further investigate the assets of counterparties, analyzing possibilities and risks of execution of judgments and developing countermeasures
    • applying for execution of judgments and participating in execution procedures
    • liaising with judges on the feasibility of enforcing counterparties’ property, whether it has been preserved or not, and assisting in advancing execution processes

Relevant Experience

Boeing

Represented Boeing in responding to product liability lawsuits in China from families of the accident of flight MH 370.

Chenco

Represented real-estate-focused asset and fund management firm Chenco, after its former counsel bungled the recognition and enforcement of an arbitral award in China, to enforce the partially-recognized award to the greatest profit possible for Chenco, including overcoming the intermediate and higher courts' adverse rulings by successfully appealing to the Supreme People's Court.

China Securities

Represented prominent leading underwriter China Securities in defending and winning the first known case of an underwriting of an inter-bank bond being sued for false statements in China.

China State Construction Engineering Group

Represented a subsidiary company of China State Construction Engineering Group in handling a series of complex construction project dispute court and arbitration cases involving two national highways and commercial residential buildings with a total amount of more than RMB 400 million.

Concord Medical Services Holdings Limited

Represented Concord Medical Services Holdings Limited (a U.S.-listed company) and Chinese affiliates in a dispute involving almost 20 years of transactions and cooperation concerning the supply, installation and operation of top-of-the-line medical instrumentation valued in the tens of millions of U.S. dollars.

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