Yi Dai

Maritime Disputes and Litigation

• Advised a major central state-owned enterprise on its response to a major spontaneous-combustion and explosion incident involving imported coal in the United States, coordinating interrelated disputes concerning an international sale contract, carriage by sea, letter-of-credit injunctions, and marine cargo insurance claims approaching USD 10 million.
• Represented an internationally renowned container line in a vessel-arrest dispute involving a container ship with capacity exceeding 12,000 TEU; secured court-supervised mediation, lifted the arrest, and resolved the dispute.
• Represented the owner of the Panama-flagged bulk carrier M/V Frontier Voyager before the Shanghai Maritime Court in proceedings concerning the apportionment of liability for a collision with a PRC-flagged bulk carrier in the Yangtze River Estuary; conducted the full defense and evidentiary presentation in a hearing livestreamed to the public and obtained a favorable judgment.
• Represented shipowners NCC and UACC in claims for discolored Saudi ethylene glycol cargo, coordinating matters involving three chemical tankers managed by Middle Eastern owners and more than ten domestic cargo claimants. Worked with Chinese and overseas chemical experts to determine the loss mechanism and scope, and achieved a global settlement in litigation before the Ningbo and Wuhan Maritime Courts.
• Represented the vessel interests of M/V Toba in defending U.S. corn distillers dried grains cargo-damage claims. Engaged Chinese grain and oil experts on cargo quality and inherent vice, coordinated evidence gathering at the U.S. loading port with local counsel, and secured Supreme People’s Court retrial review and a favorable judgment. The case was selected by the Supreme People’s Court as the 2024 Maritime Adjudication Guidance Case No. 232.
• Represented an NVOCC in pursuing recourse for misdelivery losses; obtained a successful reversal on appeal before the Guangdong High People’s Court, which was maintained by the Supreme People’s Court at the retrial-review stage.
• Represented a party in retrial proceedings concerning bills of lading fraud under a letter of credit, advancing defenses on the negotiating bank’s independent document-examination duty and good faith. The case was selected for the Supreme People’s Court’s fourth group of Belt and Road Model Cases in 2023.
• Defended Vietnamese shipowners against injunction applications and assisted in obtaining Deletion Certificate and Continuous Synopsis Record for the vessel.
• Handled a nitrogen-system overpressure incident on board a chemical tanker during glycerine loading in Indonesia, defending claims for liquid-cargo shortage and damage.
• Handled multiple PRC court cases concerning off-specification monoethylene glycol, applying an innovative cargo-analysis approach and negotiating commercial settlements.
• Defended vessel interests in PRC court proceedings arising from fire-related damaged-cargo claims involving the vessel BLUE STAR in Yangon, Myanmar, and achieved favorable settlements.
• Acted for shipowners before a PRC court for a dispute concerning contamination of para-xylene under a sale contract.
• Applied for the arrest of a shipbuilding yard’s assets in China.
• Advised shipowners, charterers, and P&I clubs on bills of lading, charter-party disputes, shipbuilding contracts, ship-mortgage enforcement, and maritime injunctions.

Domestic and International Commercial Arbitration

• Represented a major state-owned charterer in CMAC arbitration under PRC law concerning disputes with a state-owned shipowner arising from performance of multiple bills of lading and contracts of affreightment.
• Advised a major Chinese shipowner on the early termination of long-term time charters for four Capesize bulk carriers with a German charterer, providing an English-law opinion and risk-management strategy in matters subject to LMAA arbitration.
• Represented a major Swiss fertilizer trader in several CIETAC arbitrations concerning cross-border sale-of-goods disputes with an aggregate amount in dispute of USD 17 million, and successfully obtained an Emergency Arbitrator’s Decision.
• Represented a Swiss coal trader in an English-language CIETAC arbitration, with USD 2.3 million in dispute and English law as the governing law, securing a favorable award on cargo specifications and breach-of-contract claims.
• Represented a world-renowned cruise company in CMAC arbitration involving RMB 18 million in dispute.
• Represented a Singaporean shipowner in LMAA arbitration concerning off-hire and breach-of-contract disputes arising from performance of a time charter-party governed by English law.
• Acted as an independent PRC law expert witness in LME arbitration proceedings in London; was cross-examined by King’s Counsel and had the PRC law expert opinion accepted by the tribunal.
• Represented a prominent investment fund in HKIAC arbitration concerning offshore investment valuation-adjustment arrangements and equity redemption rights.
• Represented an equipment supplier for an international EPC project in ICC arbitration and cross-border recovery proceedings concerning equipment payments worth several million U.S. dollars.
• Represented a major solar panel purchaser in LCIA arbitration while coordinating responses to calls and payment-suspension proceedings involving independent demand guarantees in China and overseas.

Recognition and Enforcement of Foreign Arbitral Awards

• Represented Australian and Singaporean agricultural commodity traders in applications before, among others, the Shijiazhuang and Zhanjiang Intermediate People’s Courts for recognition and enforcement of multiple UK awards rendered under GAFTA rules.
• Represented Singaporean and Swiss edible-oil commodity traders in applications before intermediate people’s courts in Rizhao, Bengbu, Xing’an League, and Jinan for recognition and enforcement of multiple UK awards rendered under FOSFA rules.
• Represented a Swiss cotton trader in PRC-court proceedings to recognize and enforce a multimillion-dollar UK award rendered under ICA arbitration rules.
• Represented the Singapore branch of a prominent French bank in PRC-court proceedings to recognize and enforce a Singapore financial-dispute award rendered under SIAC rules.
• Represented a Ukrainian grain and oilseed trader in PRC-court proceedings to recognize and enforce a UK award rendered under LCIA rules.
• Represented a party in recognition and enforcement proceedings in China for an arbitral award against a shipbuilding yard.

Insurance Disputes and Ongoing Advisory

• Represented Sinotrans in logistics-liability insurance claims against Taiping General Insurance, prevailing at first instance, on appeal, and in retrial proceedings before the Supreme People’s Court, and securing full recovery for the client.
• Represented a U.S. trader in a specialized insurance claim against China Export & Credit Insurance Corporation (Sinosure), thoroughly addressing the grounds for denial and securing a satisfactory insurance recovery.
• Represented vessel interests in defending substantial subrogated recovery claims brought by cargo insurers; leveraged the insurers’ litigation strategies and fault-based defenses to achieve favorable settlements.
• Represented a private manufacturing company in litigation arising from an insurer’s denial of a marine-cargo claim, securing a satisfactory recovery through court-supervised mediation supported by a strong evidentiary record.
• Represented a leading Canadian steel manufacturer and wholesaler in an insurance-coverage dispute with a Chinese property insurer arising from cross-border sea-carriage cargo damage.
• Provides ongoing and project-specific advice to energy, logistics, and high-end manufacturing companies on shipping sanctions, the EU Carbon Border Adjustment Mechanism, complex commercial-policy drafting, and insurance-placement risk management.