Junxiao Yang

Commercial Dispute Resolution, Financial Services & Securities

2023-Present

Hui Zhong Law Firm, Partner

2014-2023

Tian Tong Law Firm, Lawyer, Partner

Shanghai International Economic and Trade Arbitration Commission, Arbitrator

Ningbo Arbitration Commission, Arbitrator

November 2022 to January 2023, “Circular Trade Dispute Observation Report” series articles, it was published on the WeChat official account “Tiantong Litigation Circle”. Co authors: Shen Dandan, Senior Consultant at Tiantong Law Firm; Yao Yichun, Zou Yijiao, Yuan Yetian Law Firm Shanghai Office.

March to May 2023, “Protocol based Consistent Action Research Report” series articles, Published on WeChat official account “Tiantong Litigation Circle”. Co authors: Shen Dandan, Senior Consultant at Tiantong Law Firm; Yao Yichun, Yu Zhouyang, Gao Xiya Tiantong Law Firm Shanghai Office.

February 20, 2021, “How Young Lawyers Think from Case Handling” Published on the WeChat official account “Tiantong Litigation Circle” Co authors: Ma Bo Tiantong Law Firm.

January 2022, “Notes on Tian Tong’s Case Handling” Published by China Legal Publishing House, Co editor: Chen Yaoquan.

Mr. Yang Junxiao has been practicing law since 2007. Mr. Yang specializes in handling all kinds of major civil and commercial disputes, including commercial contract disputes and corporate disputes. In particular, he specializes in handling complex and new types of commercial litigation and arbitration cases involving financial institutions and financial businesses, including securities misrepresentation cases, business trust cases, and complex insurance disputes.

His major clients include large financial institutions such as Industrial and Commercial Bank of China, China Construction Bank, Bank of China, and The People’s Insurance Company (Group) of China Limited, etc. He has represented them in major litigation and arbitration cases in courts at all levels and in arbitration institutions such as CIETAC. Mr. Yang is familiar with the work flow, decision-making mechanism and adjudication style of the Chinese judiciary, and is able to accurately predict the future direction of cases and grasp the key risk points to maximize the interests of clients.

With the qualification of independent director and secretary of the board of directors of listed companies, Mr. Yang is familiar with the knowledge of corporate governance and operation, and is able to assist institutional clients and large enterprises to summarize the relevant risk prevention and risk control experience in dispute resolution cases and propose more suitable solutions to achieve better results.

Mr. Yang has authored and hosted the “Case Notes” section of the TianTong WeChat official account, and has written and published many research articles related to litigation matters. He also has a unique and in-depth understanding of the latest laws and judicial decisions. His online courses and interpretation on the “Minutes of the National Court of Civil and Commercial Trial Work” are well received by the industry.

Representative Cases of retrial by the Supreme Court

- On behalf of the Shuinan Street Office in Xinzhou District, Shangrao City, we applied for a retrial of the enterprise loan dispute case to the Supreme People’s Court and successfully obtained the Supreme People’s Court’s review.

- On behalf of Ping An Bank Co., Ltd. Shanghai Branch, we have applied for retrial to the Supreme People’s Court regarding the financial loan contract dispute with Greenland Energy Group Co., Ltd. and have successfully been brought to trial by the Supreme People’s Court.

- On behalf of Khorgos Wanxin Venture Capital Co., Ltd. (formerly Jiangsu Wanxin Holding Group Co., Ltd.), he applied to the Supreme People’s Court for retrial of the case concerning the dispute over the financial loan contract with China Orient Asset Management Co., Ltd. Jiangsu Branch, and was successfully brought up for trial by the Supreme People’s Court.

- On behalf of China Postal Savings Bank Co., Ltd. Wuwei Wenchang Road Branch, we have applied for retrial to the Supreme People’s Court regarding a series of contract disputes with Jilin Jiaohe Rural Commercial Bank Co., Ltd., and have successfully been brought to trial by the Supreme People’s Court.

- In a case where the execution basis of the applicant for execution was revoked and remanded for retrial, when the applicant for execution encountered the court’s execution reversal procedure, he Represented the applicant for execution to apply for execution supervision to the Supreme People’s Court, and ultimately obtained the result of the Supreme People’s Court revoking the lower court’s execution ruling and stopping the execution reversal procedure.

Securities and Financial Litigation Representative Cases

- In a dispute arising from the policyholder defrauding the insurance company with hundreds of tons of fake precious metal products, the insurance company Represented dozens of parties in filing insurance contract lawsuits against the insurance company, with a total amount of billions of yuan.

- In the first national ABS asset-backed securities fraud issuance case heard by the Shanghai Financial Court, Representing the plaintiff China Postal Savings Bank Co., Ltd., a lawsuit was filed against securities service agencies including securities companies, law firms, and credit rating agencies for securities fraud issuance. This successfully led to the Shanghai Financial Court ruling that the financial advisor of the plan shall bear 100% joint and several liability, and the special plan manager, rating agency, and legal advisor shall bear 30%, 10%, and 10% joint and several liability, respectively.

- In a dispute over shareholder liability for damages to creditors caused by the entrusted holding of equity by a trust company, one of the Representative shareholders responded to the creditor’s claim. The case went through a retrial by two levels of courts in Beijing and the Supreme People’s Court, and was ultimately fully won.

- Due to Shanxi Haixin Group’s failure to pick up goods without a bill of lading, a certain bank’s letter of credit payment cannot be recovered. The bank has applied for the detention of foreign ships in several domestic maritime courts on behalf of the bank, and has also filed a lawsuit against the carrier for damages caused by the release of goods without a bill of lading, with a total amount of 80 million US dollars.

- Representing underwriting agency China Merchants Securities in responding to the false statement case of Liaoning Huachen Group bonds, all cases were won in the first instance and are currently in the second instance.

Representative Cases of Circular Trade and Bulk Commodity Trade Disputes

- On behalf of the defendant Sinopec Chemical Sales (Shanghai) Co., Ltd., an appeal was filed in the case of a sales contract dispute between Zhongyi Dongfang Economic and Trade Development Co., Ltd. and Sinopec Chemical Sales (Shanghai) Co., Ltd., successfully prompting the Shanghai High Court to revoke the original judgment and dismiss the plaintiff’s lawsuit in the second instance. Case No.: (2022) Hu Min Zhong 232

- On behalf of the defendant, Sinopec Chemical Sales Co., Ltd., an appeal was filed regarding the dispute over the sales contract with Chengdu Gaotou Materials Co., Ltd., successfully prompting the Shanghai High Court to revoke the original judgment and dismiss the plaintiff’s lawsuit in the second instance. Case No.: (2022) Hu Min Zhong 240

- In the case of the sales contract dispute between Jiangsu Shuntian Shipbuilding Development Co., Ltd. and Heilongjiang Beidahuang Grain and Oil Wholesale Market Co., Ltd., the third party Wuxi Hongtaiyuan Technology Co., Ltd., and the third party Jiangsu Yonglu Grain and Oil Co., Ltd., the Representative of Heilongjiang Beidahuang Grain and Oil Wholesale Market Co., Ltd. applied for retrial to the Supreme Court, and the Supreme Court ruled to bring the case to trial. Case No.: (2019) Su Minshen No. 225

- The case of contract dispute between Ganghe (Shanghai) Economic and Trade Co., Ltd. and China Mineral Resources Co., Ltd., as well as the third party Shandong Yaozhu New Materials Co., Ltd. and Shandong Yaoshuo Import and Export Trading Co., Ltd., was appealed on behalf of the defendant China Mineral Resources Co., Ltd. The Beijing First Intermediate People’s Court revoked the original judgment and rejected the plaintiff’s lawsuit. Case No.: (2018) Jing 01 Min Zhong 5775

- In the case of contract dispute between Liaoyuan Coal Coking Group Co., Ltd., Gujiao Wujinyuan Coal Coking Co., Ltd., Shanxi Xishan Coal and Electricity Co., Ltd., Xishan Coal and Electricity (Group) Co., Ltd., and Shanxi Coking Coal Group Co., Ltd., with a disputed amount exceeding 800 million yuan, the appellant Represented Liaoyuan Coal Coking Group Co., Ltd. and Gujiao Wujinyuan Coal and Coking Co., Ltd. in the second instance proceedings of the Supreme People’s Court, prompting the Supreme People’s Court to revoke the original judgment and remand for retrial. Case No.: (2018) Supreme Court Civil Final 908

- In two contract dispute cases involving several hundred million yuan in a certain four major banks, the Representative changed his profession to respond to the retrial procedure initiated by the opposing party in the Supreme People’s Court, successfully prompting the Supreme People’s Court to reject the opposing party’s retrial application.

Nanjing University

LL.M.

2011 - 2013

South-Central Minzu University

LL.B.

2002 - 2006