CLIENT SERVICES

International Arbitration

Overview

DaHui offers a premium international arbitration practice in China. Led by widely recognized arbitration expert Arthur Ma, the practice features an international team with rich experience and solid capacity to handle the most complex cases. Our team members have participated in over fifty international arbitration cases in mainland China, Hong Kong, Singapore, England and elsewhere handling cases under various arbitration rules, such as ICC, CIETAC, HKIAC, LCIA and UNCITRAL Rules.

We understand the differences and intricacies of procedures in China-based and international arbitrations, in particular the styles of arbitrators hailing from common law and civil law disciplines. We are able to assist international clients (and arbitrators) to appreciate the nuances of PRC law and practice. DaHui is also one of the few Chinese law firms with extensive experience and success in conducting English oral advocacy in international arbitrations. With this combination of detailed understanding of PRC law and rich experience in international arbitration, DaHui is ideally placed as a one-stop shop to represent clients in international arbitrations with a China connection.

Our services in this area include:

  • Pre-arbitration services, including:
    • conducting comprehensive analyses of case materials and evidence, identifying key disputed points of the case and drafting legal analyses to assist in business decisions
    • analyzing defense and response strategies that the counterparties may adopt, and formulating corresponding countermeasures
    • assisting in preliminary investigations of counterparties’ property, analyzing property preservation risks and formulating preservation plans
    • representing clients in litigation over the validity of arbitration clauses, jurisdictional challenges, etc.
  • Arbitration services, including:
    • drafting legal documents, e.g., notices of arbitration, statements of defense, counterclaims, objections to jurisdiction, property preservation applications and procedural filings
    • identifying and advising on appropriate party-appointed arbitrators
    • advising on case management strategies and preparing procedural timetables
    • identifying factual witnesses, conducting witness interviews and preparing witness statements
    • assessing and hiring external and expert witnesses, and assisting to draft expert reports
    • handling document production, including preparing Redfern Schedules and objections to counterparty requests
    • preparing factual and expert witnesses for cross-examination
    • attending pre-hearing meetings and formal hearings, carrying out oral advocacy, conducting cross-examination of opposing witnesses, etc.
    • planning and assisting in settlement negotiations
  • Post-arbitration services, including:
    • assisting to further investigate the assets of counterparties, analyzing possibilities and risks of enforcement of awards and developing countermeasures
    • applying for recognition and enforcement of arbitral awards
    • participating and advocating in court proceedings for recognition and enforcement
    • liaising with judges on the feasibility of enforcing counterparties’ property, whether it has been preserved or not, and assisting in advancing enforcement processes

Relevant Experience

Carlson Asia Pacific Hotel Management Pty Ltd.

Represented Carlson Asia Pacific Hotel Management obtain a winning award in under six months in the first-ever arbitration conducted under the ICC Expedited Procedure, against a Chinese domestic property owner for monetary damages due to the latter’s wrongful termination of two cooperation contracts.

Concord Medical

Represented a Chinese medical equipment provider defend against approx. EUR 30 million in claims brought by a European device supplier in two HKIAC arbitrations, ultimately reaching a settlement in accordance with the client's business interests.

Jing-Jin Electric

Represented world-leading new energy vehicle motor and power system manufacturer Jing-Jin Electric to defend against claims brought by a European parts supplier in an ICC arbitration.

SOCAM/Shui-On

Represented Hong Kong-listed company SOCAM win a cross-border arbitration case for compensation of proceeds from a debt acquisition of close to RMB 200 million.

Zhongzhi Hitech

Represented a leading Chinese institutional investor in two tandem HKIAC arbitrations to recover a debt arising from the purchase of a USD 240 million convertible note from a debtor who had been a pioneering Chinese company listed on a U.S. stock exchange but whose internal and external crises, including a battle of control, management shake-up, alleged misconduct and divestiture of the senior management, domestic and overseas proceedings initiated by creditors, and shareholder derivative suits attracted wide-spread concern and public attention in both China and the United States.

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