Huawei Sun

Practice Areas

Litigation & Arbitration, Compliance & Investigation

Professional Memberships

Arbitrator, CIETAC

Arbitrator, HKIAC

Arbitrator, SCIA

Member, HKIAC Council (previously appointed as member of HKIAC Appointments Committee (2020-2023))

Member, HKIAC Proceedings Committee

Asia Pacific Regional Forum Liaison Officer, IBA Arbitration Committee (previously appointed as Co-Chair of IBA Asia Pacific Arbitration Group)

Vice Chair, China International Investment Arbitration Forum

Publications

"Treasure Hunting Abroad: Balancing Offense and Defense", China Mining Law Review (2024), China Land Press, August 2024

China chapter in "Investment Treaty Arbitration (2023), GAR Know-how" (published in English) (see: https://globalarbitrationreview.com/insight/know-how/investment-treaty-arbitration/report/china)

IBA Arbitration Committee Task Force on Privilege in International Arbitration, "Report on Uniform Guidelines on Privilege in international Arbitration" (published in English), China Country Report & Report on Privilege against Self-Incrimination, 2023

"A Brief Discussion on International Mining Disputes and Their Resolution Mechanisms: From the Perspective of International Arbitration" (published in Chinese), China Mining Law Review (2023), China Land Press, August 2023

"Requirements of Ratione Personae in a Global Environment" (published in English), The Investment Treaty Arbitration Review, Law Reviews, 2020-2022

"Political Risk Insurance Chapter" (published in English), The Investment Treaty Arbitration Review, Law Reviews, 2017-2019

"China Chapter, International Comparative Legal Guide: Investor - State Arbitration 2019" (published in English), Global Legal Group

"Emerging Investment Treaty Arbitration Practice in China" (published in English), Proceedings of the 112th Annual Meeting - International Law in Practice, Volume 112, 2018, American Society of International Law 2019, published online by Cambridge University Press, March 22, 2019 (see: Emerging Investment Treaty Arbitration Practice in China | Proceedings of the ASIL Annual Meeting | Cambridge Core)

"Energy Arbitration in China" (published in English), The Asia-Pacific Arbitration Review 2016-2018, Global Arbitration Review (GAR) (see: http://globalarbitrationreview.com/benchmarking/the-asia-pacific- arbitration-review-2017/1036986/energy-arbitration-in-china)

"China Chapter" (published in English), Enforcement (2015-2017), GAR Know-how

"Bold Move by Shanghai Court in Interpreting the Phrase Foreign-related Element: a Direction to Follow?" (published in English), Kluwer Arbitration Blog, June 9, 2016 (see: Bold Move by Shanghai Court in Interpreting the Phrase Foreign-related Element: a Direction to Follow? - Kluwer Arbitration Blog) "Guide on Concluding Overseas Investment Contract" (published in Chinese), China Forex, Issue 19, 2016

Personal

Ms. Huawei Sun specializes in international commercial and investment treaty arbitration. Over her twenty years of practice, she has represented clients in international commercial and investment treaty cases adjudicated under arbitration rules around the world. Huawei has particular expertise in navigating complex and parallel proceedings spanning different jurisdictions. She is also well-versed in public international law and assists China in defending against treaty claims brought by foreign investors. Huawei is a HKIAC Council Member, a member of the HKIAC Proceedings Committee, a former member of the HKIAC Appointments Committee and an officer at the IBA Arbitration Committee. Huawei also sits as arbitrator in CIETAC and HKIAC proceedings.

Work Highlights

Investment Treaty Arbitration

In Goh Chin Soon v. People's Republic of China, PCA Case No. 2021-30, assisting MOFCOM to represent the People's Republic of China in defense against a claim brought by a Singaporean investor

In Jason Yu Song v. People's Republic of China, PCA Case No. 2019-39, assisting MOFCOM to represent the People's Republic of China in defense against a claim brought by a UK investor

In Ansung Housing Co., Ltd. v. People's Republic of China, ICSID Case No. ARB/14/25, assisted MOFCOM to represent the People's Republic of China in defending against a claim brought by a South Korean investor, resulting in a complete success. This was the second international investment arbitration brought against China and the first in which a tribunal was constituted and a final award delivered

In Ekran Berhad v. People's Republic of China, ICSID Case No. ARB/11/15, advised MOFCOM on representing the People's Republic of China in response to the relevant proceedings, which is the first ICSID case ever brought by a foreign investor against China

In Tsa Yap Shum v. Republic of Peru, ICSID Case No. ARB/07/6, assisted the government of Peru in defending against the claim initiated by a Chinese investor, which is a landmark case, as it is the first to consider whether an investor from Hong Kong SAR is protected by a Chinese BIT and the scope of the amount of compensation that can be referred to arbitration

In Beijing Urban Construction Group Co., Ltd. v. Republic of Yemen, ICSID Case No. ARB/14/30, advised the Chinese state-owned enterprise on its claims and overall case strategy against the government of Yemen

International Commercial Arbitration

Represented a Global 500 Chinese company in an LCIA proceeding involving USD 500 million brought by its Russian business partner over a contract for the funding and management of an oil and gas exploration project in Kazakhstan and successfully defended the client, where at the initial stage, Ms. Sun' team obtained an anti-suit injunction from a London court which successfully put an end to the litigation proceedings commenced at a court in Kazakhstan

Represented two Chinese individual shareholders to successfully defend against an HKIAC arbitration brought by a Brazilian company in relation to a dispute over a share transfer agreement and prevailed on counterclaims, with the case involving a complicated post-closing price adjustment mechanism Represented multiple well-known overseas private equity investors in an HKIAC arbitration case with claims totaling over USD 700 million against the founder and the group companies and obtained an award to the satisfaction of the clients

Represented a well-known private equity investor in an HKIAC arbitration case against the founder and the group companies and obtained a favorable award supporting the revocation of the share purchase agreement and the refund of the full purchase price and also assisted the client in obtaining a Mareva Injunction before a Hong Kong court and an injunctive relief before a US court, which ensured the effective enforcement of the HKIAC award

Represented two Chinese well-known angel investors in bringing an HKIAC arbitration case against a Swiss company and its founders under a share purchase agreement and obtained a favorable award supporting termination of the agreement and the refund of the clients' paid-in purchase price

Represented the Hong Kong subsidiary of a listed Chinese company in bringing a London Metal Exchange (LME) arbitration claim against a Switzerland-based international commodity trading company over disputes arising from the sale and delivery of precious metals, services including handling parallel interim relief proceedings before a South African court

Advised a Chinese state-owned oil company in relation to a dispute with Nigerian National Petroleum Corporation regarding a production sharing contract and the Nigerian government's taxation measures, involving an ICC arbitration and administrative court proceedings before the Nigerian courts

Advised a Chinese state-owned petroleum company in a price adjustment dispute with multiple international gas companies under gas supply agreements

Represented a number of large Chinese banks in the resolution of disputes arising from letters of guarantee for advance payment issued in relation to ship-building contracts, involving ad hoc arbitrations in London as well as London court proceedings

Represented Danone in the CIETAC arbitration in a series of Danone-Wahaha disputes, which has attracted wide media coverage

Represented an international investment bank in bringing an arbitration claim before CIETAC in relation to an interest swap transaction, which is the first case to examine the enforceability of derivatives transactions in arbitration in China

Expert in these Jurisdictions

New York State Bar

Experience

Zhong Lun Law Firm

Counsel, Allen & Overy Beijing & Hong Kong offices, 2006-2013

Secretariat, China International Economic and Trade Arbitration Commission, 1996-2000

Languages Spoken

Chinese

English