Yi Dai

Onshore and Offshore Arbitration

• Represented a TMT investment client for a redemption claim in HKIAC arbitration.
• Represented an EPC contract supplier for a sales payment claim in ICC arbitration.
• Represented an EPC contract buyer in a demand-guarantee enforcement action in parallel with LCIA arbitration.
• Represented a Swiss fertilizer trader in an English language CIETAC arbitration. The total claim and counter-claim figures reached USD 12 million. Successfully obtained Emergency Arbitrator’s Decision.
• Represented a Swiss chemical trader in an English language CIETAC arbitration. The amount under dispute was USD 2.2 million.
• Represented a Swiss commodity trading house in an English language CIETAC arbitration. The amount under dispute was USD 2.3 million. The governing law was English law.
• Represented a world-famous cruise company in a CMAC arbitration. The amount under dispute was CNY 18 million.
• Represented a Singaporean shipowner in an LMAA arbitration. The claim arose from time charter party disputes with a PRC charterer. The governing law was English law.
• Represented an Indian commodity trader in a SHIAC arbitration.
• Acted as PRC law expert in an LME arbitration and was cross-examined during the hearing. The legal opinion was eventually admitted by the tribunal.

Recognition and Enforcement of Arbitral Awards

• Represented Australian and Singaporean grain traders in their enforcement of England-seated arbitral awards made under the GAFTA rules in Shijiazhuang (Hebei Province) and Zhanjiang (Guangdong Province), respectively.
• Represented Singaporean and Swiss commodity traders in their enforcement of England-seated arbitral awards made under the FOSFA rules in Rizhao (Shandong Province), Bengbu (Anhui Province), Xing’an Meng (Inner Mongolia) and Jinan (Shandong Province). The Jinan matter is ongoing.
• Represented a Swiss cotton trader in its enforcement of an England-seated arbitral award made under the ICA rules in the PRC. This matter is ongoing.
• Represented a French bank in its enforcement of a Singapore-seated arbitral award made under the SIAC rules in the PRC. This matter is ongoing.
• Represented a Ukrainian grain and oil trader in its enforcement of an England-seated arbitral award made under the LCIA rules in the PRC. This matter is ongoing.

Maritime Disputes and Litigation

• Represented the owner of a major container carrier to lift the arrest of a 12,000+ TEU container vessel. The matter was successfully mediated in the maritime court.
• Represented the Frontier Voyager ship interests in trial proceedings before the Shanghai Maritime Court and resolved the liability apportionment of the ship collision between FV and the PRC-flagged M/V Hai Hong Da at Changjiang Kou. The hearing was streamed live online, and the client was satisfied with the result.
• Represented the NCC and UACC ship interests to handle Saudi Arabian MEG color off-spec disputes. The matters involved three chemical vessels managed by Middle Eastern shipowners. Dozens of PRC domestic cargo claimants commenced legal proceedings before the Ningbo and Wuhan Maritime Courts, and PRC and foreign cargo experts were retained to analyze the cause of off-specification and damage quantum. All claims were successfully settled.
• Represented the Toba ship interests to handle U.S. DDGS cargo damage claims. A PRC oil and grain expert was retained to analyze the cause of alleged cargo damage. U.S. counsel were also involved in collecting evidence at the load port. The Supreme People’s Court found the lower courts’ decision unconvincing and decided to re-try this matter. The re-trial proceeding is on-going.
• Represented a major NVOCC to seek recourse for losses arising from cargo delivery without presentation of original bills of lading. After the Guangzhou Maritime Court rendered the first-instance judgment, the appeal before the Guangdong Higher People’s Court was successful and the appeal decision was maintained by the Supreme People’s Court in its re-trial decision.
• Represented a state-owned charterer in a series of COA disputes with a state-owned shipowner. The contract is governed by PRC law and subject to CMAC arbitration.
• Advised a PRC domestic shipowner in the termination of its long-term time charter with a German charterer involving four cape-sized bulk carriers. The contract is governed by English law and subject to LMAA arbitration.