Zoe Zhang

Practice Areas

Zoe Zhang specializes in commercial arbitration and litigation, and especially foreign related arbitration and international arbitration. The major sectors of her practice involve sale of goods, private equity, construction, real estate, joint venture, equity transfer, intellectual properties, energy etc.

Languages Spoken

• Mandarin

• English

Professional Memberships

• Panelist of Qingdao Arbitration Commission

• Member of the Professional Committee of Commercial Arbitration Law of Beijing Lawyers Association

• Member of the Arbitration and Mediation Research Committee of Beijing Chaoyang District Lawyers Association

• Member of the organizing committee of China Young Arbitration Group

Experience

Before joining Tiger Partners, Zoe was working with the Dispute Resolution Team of Zhong Lun Law Firm as an equity partner. Zoe has represented clients in over 100 commercial disputes, most of which are foreign related or international arbitration cases. The applicable rules of those arbitration cases include CIETAC Rules, the BAC Rules, the UNCITRAL Rules, the HKIAC Administered Rules, the ICC Rules, and the SIAC Rules. The arbitration language of many of those cases were English, and hearings were conducted in China, Hong Kong, Singapore, India and other jurisdictions. Litigation cases are conducted in multiple courts at multiple levels in Beijing, Shanghai, Tianjin, Zhejiang, Jiangsu and other places.

Most of the cases represented by Zoe succeeded in the end with satisfactory outcome for the clients.

Work Highlights

[Arbitration]

• Represented a well-known stated-owned electric corporation as claimant and counter-respondent against an Indian governmental entity in an arbitration before the ICC International Court of Arbitration of a dispute under a power plant construction contract, involving a dispute amount of over USD 150 million; the seat of arbitration was Kolkada; the arbitration language was English; the Tribunal upheld most of the client's claims and denied almost all of the opposing party's counterclaims; also advised the client in the subsequent enforcement proceedings.

• Represented a BVI wind power technology company as claimant in an arbitration before the Singapore International Arbitration Center (SIAC) under the SIAC Arbitration Rules arising out of a cooperative development agreement involving a dispute amount of over

RMB 800 million; the governing law was PRC law and the arbitration language was Chinese; the arbitral tribunal upheld major part of the client's claims and dismissed all the counterclaims of the counterparty.

• Represented seven funds parties as claimants in two conjoined arbitrations administered by HKIAC under the HKIAC Administered Arbitration Rules over two related equity transfer contracts against a NYSE-listed subsidiary of a PRC company; the governing law was PRC law and the arbitration language was English; the case was settled after hearing under terms favorable to the clients with the counterparty paying most of the claimed amount.

• Represented the People's Republic of China as respondent in the investment arbitration filed by Ansung, a Korean company, before International Centre for Settlement of Investment Disputes (ICSID) (ICSID Case No. ARB/14/25), which was the first investment arbitration case against the PRC where a final award was delivered; the arbitral tribunal dismissed all of Ansung's claims with prejudice, finding them "manifestly lack legal merit".

• Represented a listed company in an arbitration before CIETAC Beijing (known as "Yu'E Bao Case"); the dispute amount was over RMB 71 million (and the overall economic interests involved was over RMB 2.5 billion), and forced the opposing party to settle the case to the satisfaction of the client.

• Represented a stated-owned company as claimant and counter-respondent in an arbitration before CIETAC Beijing of a dispute under 13 non-ferrous metal sales agreements involving an amount of over USD 10 million, and obtained a favorable award that upheld all the claims of the client and dismissed all the counterclaims of the opposing party; further represented the client as claimant in filing two other similar cases before CIETAC Beijing under several non-ferrous metal bulk sales agreements involving dispute amounts of over RMB 170 million and USD 180 million respectively, and both obtained favorable awards that upheld all of the clients' claims.

• Represented a well-known state-owned real estate developer in Shandong as respondent in an arbitration before CIETAC Beijing under a contractual joint venture agreement involving a dispute amount of over RMB 500 million, in which 98% of the Hong Kong claimant's claims were denied by the arbitral tribunal in favor of the client.

• Represented a famous Singaporean beer company as claimant in an arbitration before CIETAC Beijing under a joint venture contract involving a dispute amount of over RMB 270 million; the arbitral tribunal rendered an interim award for audit favorable to the client, and forced the counterparty to settle the case under terms favorable to the client.

• Represented a PRC subsidiary of a UK high-end sports club as claimant in two arbitration cases before CIETAC Beijing under a service agreement and a management agreement respectively involving an overall amount of over RMB 70 million, and obtained two favorable awards on all the claims; the arbitration language was English; and further assisted the client in the enforcement proceeding and obtained a satisfactory enforcement outcome for the client.

• Represented a famous international fund as claimant in an arbitration before CIETAC Shanghai under an asset purchase agreement in relation to data center involving a dispute amount of over RMB 130 million and obtained a favorable arbitral award.

• Represented a Sichuan energy conservation investment company as claimant in an arbitration before Beijing Arbitration Commission (BAC) of a dispute under a loan and cooperative agreement involving an amount of over RMB 25 million; the arbitral tribunal upheld all of the client’s claims.

[Litigation and other procedures before PRC Court]

• Represented a well-known international audit firm as the defendant in a tort case initiated by Bank of China before Fuzhou Middle Court, involving a dispute amount of over RMB 100 million (pending case).

• Represented Sandvik of Canada as the defendant in a case over a ship loader production contract and its affiliated contracts before Guangzhou Intermediate Court. The parties reached a settlement and achieved a satisfactory settlement result for the client.

• Represented Zhongli Lian (Hong Kong) Mining Co., Ltd. in a case of revoking an arbitration award before the Beijing Third Intermediate Court. Eventually, the court rejected the application of the counterparty.

• Represented a Korean Company to make an application to Beijing Second Intermediate Court to revoke an arbitration award on a real estate exclusive sales dispute made by the Beijing Arbitration Commission. The amount of the award was approximately RMB 200

million. Eventually, the court ruled to revoke the award.

• Represented a Korean Company to file appeal to the High Court of Jiangsu Province against the first-instance ruling of the Wuxi Intermediate People's Court that the court has no jurisdiction in the letter of credit dispute between the client and a certain Hong Kong special purpose company and a Wuxi company. The appeal was rejected by the High Court of Jiangsu Province. Further, on behalf of the client, successfully applied for retrial before the Supreme Court. The Supreme Court revoked the rulings of the High Court of Jiangsu Province and the Wuxi Intermediate Court that the court has no jurisdiction.

• Represented an American company in applying for recognition and enforcement of an arbitration award issued by the International Dispute Resolution Center (ICDR) before the Intermediate Court of Deyang, Sichuan Province. The amount of the award exceeded 14 million U.S. dollars. Eventually, the parties reached a settlement and obtained a satisfactory settlement result for the client.

• Represented a Spanish company, Commercial De Tubos, S.A., in applying for recognition and enforcement of an arbitration award made by CIETAC before the Huzhou People's Court of Zhejiang Province. Eventually, all the award amounts were successfully enforce.

Clients

The clients represented by Zoe are mainly multinational companies, foreign-invested enterprises, large state-owned enterprises and private equity funds. Well-known foreign clients include Total, Honeywell, Heineken, ADM, Hyundai, Paul-Y, Sony, Dalkia, ContiTech, INVISTA, Toyota Tsusho, Marubeni, Carlyle, Vataple, IPG, Canadian Solar, Sandvik, Moody’s, East West Bank, Avenue Capital, CRCI, New Horizon, Standard Chartered Bank, Ting Hsin, Chinachem etc. Famous state-owned and private enterprises include COFCO, Dongfang Electric Corporation (DEC), Luneng Group, Shougang Group, Nanjing Automobile Group, Oriental Petrochemical, China Ordins Corporation, CITIC Group, Junzheng Group, Jingfeng Pharmaceutical, Huaxin Cement etc.

Awards

Education