Jia Gu

Practice Areas

Dispute Resolution/Compliance and Investigations

Career

David Gu specialises in complex commercial dispute resolution, with a focus on commercial arbitration and foreign-related or cross-border commercial dispute resolution. He has represented large Chinese business entities and multinational companies to participate in domestic and international arbitration proceedings, administered under the rules of ICC Court of Arbitration, LCIA, HKIAC, SIAC, SCC Court of Arbitration, Swiss Arbitration Court, CIETAC, and BAC, among others. Mr. Gu has represented clients in a wide array of commercial cases, including international business transaction disputes (international sale of goods, shipping, payment and insurance), IP licensing disputes (petrochemical, complex mechanical and bio-pharmaceutical), public infrastructure and construction disputes (petrochemical, electricity power and clean energy), Sino-foreign JV and corporate shareholding disputes (cross border M&A and investment funds), financial derivative disputes (mid-term bond and long-term debenture and other securities), as well as cross border asset tracing. Mr. Gu has successfully resolved disputes for his clients that involve amounts at issue of up to the billions of U.S. dollars.

Mr. Gu also has extensive litigation experience in Chinese national courts. He has represented several types of cases, including recognition and enforcement of foreign arbitral awards or foreign national court civil or commercial judgments for Chinese and foreign clients, applications for interim measures in aid of the Hong Kong-seated arbitration proceedings, as well as a large number of domestic construction projects, on-demand bank guarantees, product liability and sale of goods cases, etc. in Chinese court trials and enforcement proceedings.

Additionally, Mr. Gu has assisted Chinese companies on many occasions in their overseas business expansion efforts by identifying cross border legal risks, building up comprehensive and regional "corporate compliance systems", as well as dealing with "dawn raids" or large-scale investigation proceedings (administrative and criminal) initiated by foreign governmental agencies. Mr. Gu has maintained long-term and positive working relations with leading law firms, international consulting firms, and government relation and lobbying firms in the USA, Europe, the Middle East and major Belt and Road jurisdictions, enabling him to provide "one-stop" legal risk management and dispute resolution services for Chinese companies that pursue overseas ventures.

Professional Memberships

Member of the PRC Bar, Member of the New York State Bar

Committee Member of the User’s Council of Singapore International Arbitration Centre

Committee Member of the China Academy of Commercial Arbitration

Vice President of Sanya International Commercial Mediation Centre

Arbitrator of several Chinese arbitration institutions

Industry Sector Expertise

Mr. Gu often provides services for companies from industries including the automobile industry (old and clean energy driven), energy industry (petrochemical, electricity power and clean energy), e-commerce and gaming industry, international construction industry, and the financial services industry.

Work Highlights

Representing a Shanghai based large Chinese state-owned company in large scale equipment sector (claimant) against a subsidiary of one of the largest energy companies in India before Singapore International Arbitration Centre, and the dispute arises from a guarantee agreement against the backdrop of a large scale business transaction and the proceedings went for more than 4 years before the three distinguished international arbitrators who eventually rendered a final award to uphold all of the claims including all of the arbitration costs to the claimant

Representing a leading international fund company to apply for property preservation order before the Chinese court in aid of the Hong Kong seated and HKIAC administered arbitration proceedings, and successfully caused the Chinese court to render an order freezing up more than USD 100million assets of respondents within a short timeframe

Representing a leading Chinese state owned company in large scale equipment sector (claimant) as claimant in a London seated and ICC court of arbitration administered arbitration proceedings against Pakistani parties before the three distinguished English arbitrators who rendered a final award in upholding all of the claims including most of the arbitration costs to the claimant and the dispute arises from a settlement agreement governed by English law against the backdrop of a large scale EPC contract project in Pakistan

Representing a Shanghai based large Chinese state-owned company in large scale equipment sector (claimant) against a subsidiary of one of the largest energy companies in India before Singapore International Arbitration Centre, and the dispute arises from a guarantee agreement against the backdrop of a large scale business transaction and the proceedings went for more than 4 years before the three distinguished international arbitrators who eventually rendered a final award to uphold all of the claims including all of the arbitration costs to the claimant

Representing a leading international fund company to apply for property preservation order before the Chinese court in aid of the Hong Kong seated and HKIAC administered arbitration proceedings, and successfully caused the Chinese court to render an order freezing up more than USD 100million assets of respondents within a short timeframe

Representing a leading Chinese state owned company in large scale equipment sector (claimant) as claimant in a London seated and ICC court of arbitration administered arbitration proceedings against Pakistani parties before the three distinguished English arbitrators who rendered a final award in upholding all of the claims including most of the arbitration costs to the claimant and the dispute arises from a settlement agreement governed by English law against the backdrop of a large scale EPC contract project in Pakistan

Representing a Chinese state-owned company in a Hong Kong seated and HKIAC administered arbitration proceedings and the dispute arises from an international sales contract governed by Chinese law and the amount in dispute is more than USD 10million

Representing a leading Chinese state-owned company in the automobile industry in a Hong Kong seated and CIETAC administered arbitration proceedings and the dispute arises from an exclusive distribution/agency agreement governed by Chinese law against a UAE company and the amount in dispute is multiple millions of US dollars

Representing a Chinese state-owned company in grain and oil sector in a London seated FOSFA arbitration proceedings governed by English law and the appeal went before the Board consisting of five members against a UAE company supported by its Russian parent

Awards

Education