Melissa Feng

Practice Areas

Litigation

Arbitration

Professional Memberships

Member of China International Legal Professionals of All China Lawyer's Association

Member of Foreign-related Lawyer Talent Pool by Ministry of Justice

Member of Beijing Lawyers Association Research Association of Foreign Legal Services

China Representative, Asia Pacific Forum for International Arbitration

Member of Chartered Institute of Arbitrators (MCIArb)

Arbitrator of Zhuhai Arbitration Commission

Arbitrator of Shijiazhuang Arbitration Commission

Arbitrator of Ningbo Arbitration Commission

Specialist mediator of Singapore International Mediation Centre

Mediator of CCPIT/CCOIC

Council member of China Academy of Arbitration Law

Personal

Ms. Feng’s practice focuses on cross-border litigation and commercial arbitration. She specializes in trade finance (including letters of credit, demand (independent) guarantees/SBLCs, factoring, forfeiting and other trade financing products), international trade, equity acquisitions and international construction contracts.

Ms. Melissa Feng has been handling cross-border dispute resolution matters for over 19 years, by representing clients in litigation before Chinese courts at all levels including the Supreme Court and in arbitration before the ICC, HKIAC, AAA, CIETAC, SCIA, SHIAC, SHAC, and BIAC. She has represented some of the largest state-owned banks and construction firms in multiple jurisdictions and worked closely with counsels outside China to secure victories. Ms. Feng also wins clients‘ trust by leveraging her litigation experience in providing trade finance compliance services for domestic and foreign clients. Ms. Feng has also participated as a party arbitrator or sole arbitrator in arbitration cases.

Languages Spoken

English

Chinese

Experience

Domestic and International Arbitration

Represented a French company in a construction contract dispute with a Singapore company in Singapore International Arbitration Center (dispute amount 1 million Euros).

Represented a Swiss steel trading company in a dispute with a Chinese steel group at CIETAC (dispute amount USD5,000,000).

Represented a Chinese trading company in a dispute with a Singaporean supplier at ICC Hong Kong (dispute amount USD8,200,000).

Represented a Hong Kong company in a sales contract dispute with a Chinese company in Beijing Arbitration Commission (dispute amount USD1,800,000).

Represented a Chinese company in recognition and enforcement of an Australia ad hoc award in China (dispute amount CNY150,000,000).

Represented a Chinese trade company in a sale of goods dispute with a UK company in the CIETAC arbitration, the enforcement of the CIETAC award and lifting the attachment order on the goods in the Houston court of USA (dispute amount USD14,000,000).

Represented a Shenzhen factoring company in a factoring dispute with a number of Chinese companies in Shenzhen Arbitration Commission, and relevant court proceedings, bankruptcy filing (dispute amount CNY 50 million).

Represented a fund in a financing dispute with a securities company in Beijing Arbitration Commission (dispute amount CNY100,000,000).

Represented a Malaysian fund in a dispute over equity transactions arising from the investment in China in Beijing Arbitration Commission (dispute amount CNY 40 million).

Represented a domestic auto company in a trade dispute with a Jordanian buyer in Beijing Arbitration Commission (dispute amount USD 4 million).

Represented a domestic auto company in a dispute with an auto manufacturing company in Taizhou Arbitration Commission, and the enforcement of the arbitration award (dispute amount CNY 20 million).

Represented a domestic automobile company against another automobile manufacturing company in a series of disputes before the Beijing Arbitration Commission (amount in dispute RMB 20 million).

Represented a leading company in the pet industry company in a series of equity investment disputes against the other party (amount in dispute RMB 10 million).

Represented a state-owned enterprise in a sale dispute with a trading company in the Shenzhen Arbitration Commission, and relevant dispute about the validity of the arbitration clause.

Domestic and International Litigation

Represented ICBC in an independent guarantee dispute with Hyundai Heavy Industries Co., Ltd. in Zhejiang High Court (this case was selected as the top ten typical cases of the second batch of the Belt and Road construction announced by the Supreme Court in 2017).

Represented a Chinese company in a guarantee dispute with a Pakistani company in Tianjin High Court (the first case of fraudulent suspension of payment by a letter of guarantee approved by the Supreme Court's retrial).

Represented SEPCO in a series of independent guarantee disputes with GMR KAMALANGA ENERGY LIMITED of India and State Bank of India in Shandong High Court.

Represented Harbin Electric International Company Limited in dispute over Letter of Guarantee and Subcontracting of Overseas Projects against Northern Heavy Industries Group Co., Ltd.

Represented CCIE Co., Ltd. in a series of guarantee disputes with and the ministry of justice of Georgia, TBC Bank and other entities in Sichuan High Court and Supreme Court.

Represented China Railway Tunnel Group Co., Ltd. in the dispute over the implementation of the Polish highway construction contract project with the director of the General Administration of Highway Administration of Poland in Henan High Court.

Represented China Overseas Engineering Co., Ltd. in the dispute over the construction performance guarantee with the Director of the General Administration of Highways and the Export-Import Bank of Poland.

Represented Citibank N.A. in a trade finance dispute with a Chinese company in Guangxi High Court.

Represented Raiffeisen Bank International AG Beijing Branch in letter of credit disputes with Chinese companies and BOC Hunan branch, BOC Zhangjiagang.

Represented Luoyang Aviation Engineering Construction Co., Ltd. in a fraud guarantee dispute with Korea Hyundai Construction Co., Ltd., etc.

Advised a Chinese company in Jiangsu in litigation with an American bank in New York court.

Represented Jiangsu Suheng Marine Engineering Co. Ltd. in a guarantee dispute against Jiangyin Rural Commercial Bank in Jiangsu High Court.

Represented DBS Bank Ltd in a letter of credit dispute with Wuxi Humei Thermal Energy & Electric Power Engineering Co., Ltd. in the Supreme Court of China.

Represented NVC Co., Ltd. in a guarantee dispute against China Construction Bank et al.

Non-contentious

Advised Bank of Beijing in relation to drafting of guarantee template and related transactional documents and compliance review.

Advised China Export & Credit Insurance Corporation in relation to a factoring-based trade finance project.

Advised CITIC Bank in relation to perennial legal services ( trade finance).

Advised Deutsche Bank in relation to legal services for cross-border letter of guarantee.

Advised China Reinsurance in relation to legal services for cross-border guarantee.

Education

Awards