A&O Shearman is the result of a May 2024 merger between legacy firms Allen & Overy LLP and Shearman & Sterling. In addition to energy projects, the arbitration practice’s sector expertise ranges from construction, TMT, insurance, IP and property, to banking, finance, metals, mining and automotive. It also has notable expertise in investment treaty cases. The practice additionally provides PRC dispute resolution capabilities through its joint operation with Lang Yue Law Firm (Lang Yue), which covers representation in international arbitration-related enforcement proceedings. In Shanghai, Jane Jiang (at Lang Yue since August 2024) acts for financial institutions and SOEs in their disputes. Over in Hong Kong, Melody Chan assists with international arbitrations; while Edward Taylor is experienced in disputes involving energy, infrastructure, joint ventures, M&A, private equity, TMT, and real estate.
Dispute resolution: Arbitration: foreign firms in China
A&O Shearman
Responsables de la pratique:
Jane Jiang; Melody Chan; Edward Taylor
Les références
‘They have a very strong team at all levels, from partners down to associates.’
‘Amongst the strongest counsel teams around and clients are well supported.’
‘Able to integrate and provide efficient and professional legal services on a global scale.’
Principaux clients
The Republic of Korea
BG Exploration and Production India
Reliance Industries
Korea National Oil Corporation
Huawei Technologies Co
People’s Republic of China
Principaux dossiers
- Acted for The Government of Korea in relation to a $1bn investment treaty claim by a Malaysian property developer.
- Acting for Shell (formerly BG) and Reliance in multi-phased arbitration proceedings commenced under the UNCITRAL Rules against the Government of India, in relation to production sharing contract disputes exceeding $5bn.
- Acting for Korea National Oil Corporation in an ongoing ICSID claim for over $350m against Nigeria (arising out of the termination of a production sharing contract).
Clifford Chance LLP
Able to conduct arbitration proceedings in both English and Chinese, Clifford Chance LLP‘s mainland China team comprises US, Hong Kong, PRC (non-practising), and England and Wales-qualified arbitration lawyers. In a recent 12-month period, the group acted alongside the firm’s offices in Paris, Singapore, Perth, Sydney, London, New York, and Washington DC in global disputes. Based in Beijing and Shanghai, the arbitration track record of Lei Shi (recently appointed as managing partner of the Mainland China offices) includes joint venture, share transfer, banking, real estate, international commodity trading, IP, mining, and general contract disputes (under the HKIAC, ICC, CIETAC, SIAC, LCIA, UNCITRAL, SCC and ICDR rules). Arbitration specialist Feifei Yu divides her time between mainland China and Hong Kong.
Responsables de la pratique:
Lei Shi
Autres avocats clés:
Feifei Yu
Les références
‘The team at Clifford Chance Solicitors is made up of solicitors who do a very reliable job and live up to their reputation.’
Principaux dossiers
- Successfully defended a Chinese smartphone maker against a technology-related Hong Kong-seated HKIAC arbitration for over $160m, which was brought by a prior joint venture partner in relation to encryption software.
- Secured a complete win of approximately $100m for five major PRC banks and one prominent PRC insurance company (as claimants), in an English law-governed LCIA arbitration (arising from a syndicate loan entered into by the banks to fund the development of a real estate project in London).
- Won a precedent-setting case for a large Chinese state-owned asset management group (as respondent), in a Hong Kong-seated UNCITRAL arbitration administered by the HKIAC.
Herbert Smith Freehills Kramer LLP
Operating from Beijing, Shanghai and Hong Kong, Herbert Smith Freehills Kramer LLP‘s arbitration practice routinely acts alongside specialist arbitration lawyers from the firm’s PRC joint operation partner Kewei Law Firm (Kewei). The practice assists throughout the lifecycle of China-related disputes, including pre-action advice, obtaining interim measures, defending set-aside applications, and enforcing awards in the Hong Kong and PRC courts. The team regularly acts in joint venture disputes containing PRC features; and it is increasingly involved in set-aside cases, private equity disputes and put option-related conflicts. On the mainland, Weina Ye from Keiwei specialises in international arbitration and cross-border commercial dispute resolution. Simon Chapman KC heads the Greater China Arbitration practice from Hong Kong.
Responsables de la pratique:
Simon Chapman KC
Autres avocats clés:
Weina Ye; Justin D’Agostino; Kathryn Sanger; May Tai; Helen Tang; Antony Crockett
Les références
‘The advantage lies in its sound global layout, which enables it to undertake cases from major arbitration institutions.’
‘Understands the actual situations of Chinese clients and has rich experience.’
‘A client cannot ask for more – always on top of the game when managing disputes, in tune with the tides of time, and with an eye on strategic demands.’
Principaux clients
Sinopec International Petroleum Exploration and Production Corporation
Addax Petroleum UK
Andes Petroleum Ecuador
Principaux dossiers
- Acted for SIPC and Addax (subsidiaries of the Sinopec Group) in the (reportedly) largest claim ever filed with the Singapore International Arbitration Centre (valued at over $5.5bn), the claim arising from the purchase of a 49% stake in the UK North Sea joint venture.
- Acted for Andes Petroleum Ecuador (Andes) in an arbitration, in which Andes sought to recover its 40% share of a $1.06bn arbitral award from Occidental Exploration and Production Company.
Clyde & Co LLP
Known for its sector expertise in insurance, infrastructure, transportation, marine, aviation, trade and commodities, Clyde & Co LLP‘s mainland China team is experienced in key arbitral centres such as LCIA, ICC, SIAC, HKIAC, SCC and CIETAC. Based in Shanghai and Singapore, Ik Wei Chong heads the dispute resolution practice in China; while Shanghai-based domestic and international arbitration practitioner Nicholas Lum spearheads the China offices’ cross-border dispute resolution offering.
Responsables de la pratique:
Ik Wei Chong
Autres avocats clés:
Nicholas Lum; Christian Liu; Flora Tang
Pinsent Masons
Pinsent Masons is particularly well known for energy and infrastructure sector arbitrations. In Shanghai, Rachel Turner specialises in construction and engineering law-related international arbitration; while in Beijing, Kevin Zhou acts for Chinese SOE and international contractors in major disputes. The practice is co-led by construction project specialist Sam Boyling, who divides his time between Singapore and Beijing; and Hong Kong-based Alvin Ho, who ‘always fights for clients’ interests’.
Responsables de la pratique:
Alvin Ho; Sam Boyling
Autres avocats clés:
Rachel Turner; Kevin Zhou; Dean Lewis; Nicholas Turner; Karah Howard; Mohammed Talib; Chun Pin Yap; Alice Wang
Les références
‘The team members include senior lawyers and Pinsent Masons’ top global partners in this field, who resolve disputes comprehensively.’
‘Pinsent Masons responds very quickly. If clients need help, they can contact them immediately and they provide solutions quickly.’
‘Pinsent Masons has in-depth knowledge of arbitration in China, and a fantastic team with real strength in depth and vast experience of arbitration. Brilliant and immensely-dedicated lawyers.’
Principaux clients
Linde
China Overseas Building Construction
China State Construction Engineering Corporation
Yau Lee Construction Co
Principaux dossiers
- Representing Linde, a Fortune 500 NYSE-listed international industrial gas conglomerate, in anti-suit and anti-enforcement injunction proceedings in Hong Kong against its Russian employer, RusChemAlliance, (RCA), to prevent RCA from continuing court proceedings in Russia in breach of an arbitration agreement.