Fang Zhao

Practice Areas

International Commercial Arbitration, Cross-Border Dispute Resolution, Commercial Dispute Resolution

Career

2013-Present

Shanghai Office, Beijing Hui Zhong Law Firm, Head of Shanghai Office

2008-2013

Shanghai Office, JunHe Law Offices, Partner

2001-2008

Shanghai Office, Haiwen & Partners, Lawyer

2000-2001

Shanghai Office, King & Wood, Lawyer

Professional Memberships

ICC International Chamber of Commerce Court of Arbitration, Member

ICC Court of Arbitration Expedited Arbitration Rules Working Group, Member

Hong Kong International Arbitration Centre, Arbitrator

Singapore International Arbitration Centre, Arbitrator

China International Economic and Trade Arbitration Commission, Member

Beijing Arbitration Commission / Beijing International Arbitration Centre, Arbitrator

Shanghai International Arbitration Center, Arbitrator

Shenzhen International Arbitration Court, Arbitrator

Langfang Arbitration Commission, Arbitrator

Rules Revision Committee, Hong Kong International Arbitration Centre (2023), Member

London ADR-ODR International Mediation Centre, Certified Mediator

Shenzhen Qianhai Cooperation Zone Court, Specially Invited Mediator

Publications

July 2018, Shanghai Lawyer: The Path to Becoming a Great Lawyer.

November 2018, Legal 500: Interim Relief Measures - Latest Developments in China.

Published February 2020, Hong Kong City University Dispute Resolution Yearbook: Interim Relief Measures in the Jurisdiction of the People’s Republic of China.

2014-2020, Co-author of the China Annual Arbitration Report, Drafted the “Getting the Deal Through” Chapter.

Participated in writing the Foreign Related Laws and Practice published by Renmin University of China Press.

Contributed to Managing “Belt and Road” Business Disputes, Author of Chapter Nine “Litigation in China”.

2021, Author of the Arbitration Section in the Beijing Arbitration Commission/BAC’s Commercial Dispute Resolution in China: An Annual Review and Preview.

2022, Author of the Mediation Section in the Beijing Arbitration Commission/BAC’s Commercial Dispute Resolution in China: An Annual Review and Preview.

2023, Author of the Arbitration Section in the Beijing Arbitration Commission/BAC’s Commercial Dispute Resolution in China: An Annual Review and Preview.

2024, Author of the Arbitration Section in the Beijing Arbitration Commission/BAC’s Commercial Dispute Resolution in China: An Annual Review and Preview.

Work Highlights

In 2018, represented a Chinese state-owned listed coal mining company against its Chinese business partner before CIETAC, concerning a dispute arising from the transfer of coal resources and equity interests. The disputed amount exceeded RMB¥ 1.6 billion. Ultimately, successfully defended the client as the respondent and dismissed all arbitration claims brought by the claimant.

In 2018, represented a major state-owned semiconductor R&D and manufacturing company against another state-owned telecommunications equipment company before the Beijing High Court in a dispute concerning royalty payments arising from a TD-SCDMA technology cooperation agreement. The disputed amount exceeded RMB¥ 600 million.

In 2018, represented a Finnish coatings manufacturer against its Hong Kong business partner before Shanghai International Arbitration Center in a shareholder agreement dispute arising from a wholly foreign-owned enterprise invested by both parties. Secured a victory for the client.

In 2019, represented a Fortune 500 U.S. company specializing in OEM mobile phones in a series of over 50 cases against its Chinese business partner, involving construction contract disputes before the Chengdu Arbitration Commission, Guangzhou Arbitration Commission, Wuxi Arbitration Commission, Suzhou Arbitration Commission, and various people’s courts. The total amount in dispute exceeded RMB¥ 250 million.

In 2019, represented a Fortune 500 U.S. company specializing in OEM mobile phones in a series of over 20 cases against its Chinese business partner, involving supply contract disputes in the People’s Courts of Shanghai, Chengdu, Wuxi, Suzhou, Guangzhou, and Huizhou. The total amount in dispute exceeded RMB¥ 100 million.

In 2019, represented a Chinese consulting firm against a Singaporean company and a Chinese company in a dispute arising from a share transfer agreement, before CIETAC, achieving a satisfactory outcome for the client.

In 2019, represented a Chinese state-owned enterprise against the local land management committee in an administrative contract dispute before the Inner Mongolia court, securing a final victory.

In 2020, represented an individual against the developer, the distributor, and other parties in a series of five related lawsuits involving commercial housing sales contract disputes before the First Circuit Court of the Supreme People’s Court, and ultimately achieved a satisfactory outcome for the client (Case Nos. (2020) SPC Civil Final 883, 209, 210, 211, 212).

In 2020, represented a Chinese world swimming champion in an arbitration case before the Court of Arbitration for Sport (CAS) in Switzerland, concerning World Anti-Doping Agency (WADA) allegations of anti-doping rule violations. Collaborated with Swiss counsel, successfully set aside the adverse CAS award before the Swiss Federal Supreme Court. In the subsequent de novo arbitration, we secured a revised decision, effectively halving the ineligibility period.

In 2021, represented a world-leading Swiss chemical company against two Chinese enterprises involving disputes arising from the sale of large-scale equipment, infringement of commercial trade secrets, and related Chinese patent ownership before the ICC Court of Arbitration.

In 2021, served as an expert witness, represented a Chinese enterprise in a charter contract dispute before the Supreme Court of Victoria, Australia and provided expert opinions on Chinese law.

In 2021, represented a Brunei company against a Hong Kong company in an arbitration case involving an international sales transaction dispute before the Shenzhen International Arbitration Court. The disputed amount is approximately RMB¥ 40 million. We successfully assisted the client in having most of the opposing party’s arbitration claims dismissed.

In 2022, represented a major fund company in a dispute arising from its acquisition of equity interest in a domestic beverage company before the Shanghai International Arbitration Center. The disputed amount is approximately RMB¥ 200 million.

In 2022, represented an investee company in a dispute involving an investor’s demand for the return of investment funds, before the Shanghai International Arbitration Center. The disputed amount exceeded RMB¥ 60 million and a favorable result was ultimately achieved for the client.

In 2022, as an expert witness, represented a Hong Kong investment company affiliated with a world-renowned bank in providing expert witness opinions at the Hong Kong International Arbitration Centre regarding a repurchase dispute arising from its acquisition of equity interests in a domestic real estate enterprise.

In 2022, represented a renowned Hong Kong listed brand in the culture and entertainment sector against a world renowned sports brand in resolving a dispute over a cooperation agreement through arbitration at CIETAC, with the total amount in dispute exceeding RMB¥ 30 million.

In 2022, represented a Chinese cross-border trading group with registered capital exceeding RMB¥ 300 million in negotiations concerning a dispute over the performance of a COVID-19 prevention supplies contract with a government department of a European sovereign state. The case involved arbitration proceedings at the London Court of International Arbitration (LCIA), with a disputed amount exceeding US$100 million, ultimately achieving a satisfactory settlement outcome for the client.

In 2022, represented a domestic computer component R&D company against a U.S. company in a dispute involving a software licensing agreement at the HKIAC. The disputed amount exceeded US$1.5 billion.

In 2023, represented a German bank in litigation concerning a stop payment order filed by a Chinese buyer in a Hangzhou court.

In 2023, represented a U.S. company as the property owner against another Fortune 500 U.S. company in a dispute before Shenzhen International Arbitration Commission (SIAC) concerning a 20-year lease agreement. The disputed amount was close to RMB¥ 700 million.

In 2023, represented an investment fund in handling Shanghai’s first “two-way earn-out” case before the Shanghai Financial Court and the Shanghai High Court. Through precise analysis of the case, successfully secured support for the client’s claims at both the first-instance and retrial courts, thereby achieving the client’s commercial objectives.

In 2023, represented a Chinese enterprise against a foreign supplier in a case arising from a long-term supply contract dispute, before the Swiss Arbitration Center. The disputed amount exceeded RMB¥ 10 billion. Successfully initiated emergency arbitration proceedings on behalf of the client at the Swiss Arbitration Center and secured interim relief measures twice, compelling the other party to continue performing the contract during the arbitration process. The case ultimately concluded with a satisfactory settlement outcome for the client.

From 2021 to 2024, represented a leading Chinese mathematician in handling disputes over share repurchase and subsequent share transfer through arbitration at the Shenzhen International Arbitration Court and related litigation at a Beijing court. Both cases resulted in favorable rulings. With a total amount in dispute exceeding RMB¥ 50 million, these cases not only involved substantial sums, but also presented complex, challenging circumstances.

Languages Spoken

English, Mandarin

Experience

June 2024, Beijing Arbitration Commission/Beijing International Arbitration Center, Commercial Dispute Resolution in China: An Annual Review and Preview (2024) European Launch Reporter, Spain and Switzerland

July 2024, Singapore International Arbitration Centre 2024 China Regional Annual Conference: Language and Culture in International Arbitration

July 2024, Singapore International Arbitration Centre Shanghai Arbitration Day, Delivered a Speech on “Arbitration Language and Culture, Psychological Relationships”

July 2024, ICC International Chamber of Commerce Arbitration Institute First China Arbitration Day, Participated in Hosting the ICC Award Scrutiny Session Demonstration

Education

Awards