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Introduction
Located adjacent to Hong Kong in southern Guangdong Province, Shenzhen was the most important of the original special economic zones (the first places in China opened to foreign investment) and is home to the second domestic stock exchange in China. China Commercial Law Firm is one of the leading domestic law firms in this important national economic centre. China Commercial has a broad practice, specializing in domestic and international capital markets, with significant capabilities in real estate and construction, banking and finance, intellectual property, debt restructuring and dispute resolution.
Awards and Recognition
China Commercial Law Firm has often been recognized for its professionalism in providing legal services, including listing in the Asia-Pacific Legal 500 as a top corporate legal advisor, and as a finalist for the 2008 Asian Legal Business award for Best Law Firm in Guangdong Province.
Representative Clients
Representative clients include China Mobile, Duracell, Sanyo, Konica / Minolta, China Guangdong Nuclear Power Group, Shenzhen Metro Co., Ltd., Zhongguang Nuclear Project Co., Ltd., China Construction Bank, Bank of China, PICC Property and Casualty Co., Ltd., China Orient Assets Management Co., Ltd., ICBC, PICC Shenzhen Filiale, China United Property Insurance Co., Shenzhen Qianshedian Shopping Co., Ltd., Shenzhen Yumeiren Cosmetic Co., Ltd., Shenzhen Yizhongcheng Investment Development Co., Ltd., Shenzhen Zhuojia Group Co., Ltd., Huabao International Holding Co. Ltd., Taibang Investment Co., Ltd., Shenye Group Co., Ltd., and Tsingtao Beer (Shenzhen) Co., Ltd.
Founding and Offices
China Commercial Law Firm was founded in Shenzhen in 1993, following approval from the Ministry of Justice and currently has over 160 legal professionals, making it one of the largest law firms in southern China. China Commercial's main practice areas include banking and insurance, real estate and construction, securities law, corporate and commercial, and intellectual property, and the firm places a particular emphasis on litigation and alternative dispute resolution across all of its practice areas facilitated by the firm's strong litigation and arbitration practice.
Qualifications and Background of Lawyers
China Commercial Law Firm has 25 lawyers who can work in multiple languages, including English, Japanese, and Korean, and ten lawyers who have studied abroad, including in the United States and Britain.
Government Relations
China Commercial's lawyers have close working relationships with local and regional government agencies, regulatory authorities and judicial officials, and are active in a variety of professional organizations in Shenzhen. A number of China Commercial Law Firm's lawyers also hold government positions, including one member in the Shenzhen People's Congress, and one member in the Shenzhen People's Political Consultative Conference. Additionally, the firm has five members serving in arbitration commissions at the municipal level and fifteen members in the Shenzhen chapter of the All China Lawyers' Association (ACLA).
China Commercial Law Firm also serves as legal counsel for a number of government entities, including the Shenzhen State Land and Resources Bureau, the Shenzhen Transportation Bureau, the Shenzhen Securities Cooperation Association, the Shenzhen Public Security Bureau, the Shenzhen Industrial and Economic Association, the Shenzhen Nanshan District Construction Bureau, the Shenzhen Nanshan District Old City Reconstruction Bureau, the Shenzhen Zone Franchise Management Bureau, the Shenzhen Commission of Chinese Communist Youth and the Shenzhen Women's Association.
Main Practice Areas
Banking and Insurance
China Commercial's Banking and Insurance Practice Group makes up one of the firm's largest practice areas, with 20 lawyers specialising in the field. China Commercial has accumulated rich experience in domestic and overseas financial business. It was the first firm assisting Industrial and Commercial Bank of China in establishing and subsequently improving its procedures for offering mortgage loans in Shenzhen, and it remains one of the leading law firms in the mortgage and real estate practice. China Commercial often advises commercial banks and financial institutions on a variety of matters, drafting loans, guarantees and credit lending agreements, representing clients in litigation of deposit receipts, and advising on borrowing, lease financing and credit card business activities.
Key partners in China Commercial Law Firm's Banking and Insurance Practice Group of include Gao Shu, Lai Weiwen, Wang Zhongdong and Chen Miaocai (see bios of key partners below).Representative banking and insurance matters include:
- Acted for CMB against Zhuihai Dongda Group on a loan covenant dispute, involving a subject amount of RMB 100 million
- Acted for Orient Assets Management on the disposal of assets totalling RMB 150 million
- Advised ICBC on a real estate mortgage loan of RMB 10 million.
Real Estate and Construction
China Commercial's Real Estate Practice Group has experience assisting clients across the full spectrum of issues relating to real estate investment projects and transfers, including establishing project companies, advising on project management, land use rights acquisition and transfer, advance sales of space in projects under construction, purchase and sales of real estate, registering ownership documents with the proper authorities and engineering and project management. In construction projects, China Commercial has experience representing both sellers and bidders in auctions for projects. In addition, China Commercial has experience handling major projects involving complex regulatory issues, such as advising on the Shenzhen subway project and on nuclear power plant construction.
Key partner in China Commercial Law Firm's Real Estate Practice Group is Shu Weidong (see bios of key partners below).Representative real estate and construction projects include:
- Advised Guangdong Nuclear Power Co., Ltd. on the construction of a nuclear power plant, involving an investment of RMB 100 billion
- Advised Shenzhen Subway Co., Ltd. on the Shenzhen subway project, involving an investment of RMB 2 billion
- Advised Shenzhen New Bicycle Gathering Base Investment Co., Ltd. on the Gathering Base Project in relation to planning, establishing, developing and building the Bicycle Industrial section of Shenzhen Industrial Park, involving an investment of RMB1 billion
- Advised Shenzhen Yitian Real Estate (Group) Co., Ltd. on the Yitian Holiday Square Project in Shenzhen Overseas Chinese City, involving an investment of RMB 1 billion.
Securities
China Commercial's Securities Practice Group is among the largest in the firm, with 30 lawyers specialising in this area. China Commercial has extensive experience in advising domestic banks, finance companies, investment companies, trust companies and other financial organizations on a variety of legal and regulatory issues relating to their operations, including loan and guarantee agreements, letters of credit, foreign exchange, insurance, IPOs and other traditional financial services. China Commercial also advises financial institutions on financial instruments, which are newly developing in China, including forfeiture, corporate lending, asset securitization and loan commitments. The Securities Practice Group cooperates closely with the firm's dispute resolution practice to provide services on contentious matters in all of the above areas.
Key partner in China Commercial Law Firm's securities practice is He Xianbo (see bios of key partners below).Representative securities matters include:
- Advised Guangzhou Baiyun International Co., Ltd. on an IPO raising RMB 2.35 billion for construction of an civil airport facility
- Advised Guangzhou Wuxi Little Swan Co., Ltd. on an IPO of RMB 730 million
- Advised Shenzhen Agricultural Products Co., Ltd. on an IPO raising RMB 160 million
- Advised Shenzhen Zhongjin Lingnan Co., Ltd. on an IPO raising RMB 150 million
- Advised Shenzhen Huaqiang Science and Technology Co., Ltd. on an IPO raising RMB 200 million.
Corporate
China Commercial's Corporate Practice Group is one of the firm's strengths, with 20 lawyers focusing in this area. China Commercial has acted on behalf of foreign invested companies, state-owned companies and state-operated companies. The firm has experience advising clients on establishing joint ventures, foreign invested enterprises, representative offices, subsidiaries of foreign companies and wholly foreign owned enterprises. Following establishment of an entity, China Commercial often advises on a variety of legal and regulatory issues, including labour law, tax law, customs regulations, social security insurance obligations, quality and safety inspections, and regulatory issues relating to the transfer of ownership in PRC registered entities. The firm has advised foreign and domestic clients in a range of industry sectors, including telecommunications, software, internet, energy, petrochemical, chemical engineering, construction, manufacturing and the building materials sector.
Key partners in the Corporate Practice Group of China Commercial Law Firm include Li Yuxuan, Wang Qiaoyun, Zhang Yi and Sun Yang (see bios of key partners below).Representative corporate matters include:
- Advised Guangdong Nuclear Co., Ltd. on a RMB 10 million investment in Sinap industrial zone
- Acted for Mobile Communication Co., Ltd. on litigation against Fangxiao Co., Ltd., which involved a subject amount of RMB 25 million.
Intellectual Property
As Guangdong's manufacturing industry has developed rapidly over the past decades, violation of the rights of intellectual property rights holders has also grown. In this environment, China Commercial's intellectual property practice has been recognized as one of the best in the region, with experience advising clients on administrative and civil proceedings in complex IP cases. China Commercial advises major foreign companies on how to manage their intellectual property portfolio in China, and often acts for foreign companies litigating against infringing manufacturers. The firm has ten lawyers specializing in intellectual property law with in-depth knowledge of PRC intellectual property law and practice. In addition, the Intellectual Property Practice Group works closely with China Commercial's litigation and arbitration practitioners to aggressively protect their clients' intellectual property portfolio.
Key partners in the intellectual property practice group of China Commercial Law Firm include Yang Guoxing and Huang Zhiyong (see bios of key partners below).Representative intellectual property matters include:
- Acted for Sanyo Co. on the violation of its "SANYANG" trademark, which involved a claim of RMB 500,000 in damages
- Acted for Duracell on the violation of its trademark, which involved a claim of RMB 150,000
- Acted for Silverlit Toys Manufactory Ltd. on patent infringement claims, which involved a claim of RMB 500,000 in damages.
Litigation and Arbitration
Litigation is China Commercial's traditional strength and is still the firm's core business -- nearly 90% of the firm's lawyers have experience dealing with litigation or alternative dispute resolution, and a number of them have experience serving as judges and arbitrators. However, in most cases, lawyers specializing in litigation cooperate with lawyers in other practice areas to provide advice in the most efficient and cost effective manner for clients. China Commercial has 20 lawyers focusing their practice on litigation and alternative dispute resolution.
Key partners in the Litigation and Arbitration practice group of China Commercial Law Firm include Xue Jiansheng, Fang Zhuangyi and Huang Yanlin (see bios of key partners below).
Representative contentious matters include:
- Acted for a client in an international arbitration with respect to an agency agreement for selling vans in Guangdong
- Acted for a client in a multiparty litigation brought by a technology investing company against eleven defendants with respect to a lien agreement.
Biographies of Key Partners
Gao Shu is a senior partner in the firm's Banking and Finance Practice Group. Mr. Gao received a B.A. from Anhui University and an M.A. from Zhongnan University (and is currently preparing his dissertation for a Doctorate from Huazhong University). Mr. Gao has been qualified to practice PRC law since 1991 and is a member of ACLA's Professional Committee of Economics.
Lai Weiwen is a senior partner in the firm's Banking and Finance Practice Group and is an experienced practitioner of real estate law. Mr. Lai graduated from Southwest University of Political Science and Law and has been licensed to practice law since 1991.
Shu Weidong is a leading partner in the Real Estate and Construction Practice Group, advising clients on the regulatory system governing real estate development and the operation of real estate companies. Mr. Shu received a B.A. from Xinan University of Political Science and Law and qualified to practice law in 1992. He is a deputy director of the Professional Committee on Real Estate of the Shenzhen Lawyers' Association.
Wang Qiaoyun is a leading partner in the Corporate Practice Group and has been practicing law since 1988. Ms. Wang currently holds a number of positions in professional associations, and is an executive member of the Guangdong Women Lawyers' Working Committee, a deputy director of the Shenzhen Women Lawyers' Working Committee, a deputy chairwoman of the Shenzhen Women Lawyers' Association, and often is invited as a special guest for "Explaining Law Clearly", a popular call-in radio program aired on the Shenzhen Radio Station.
Li Yaxuan is a leading partner in the Corporate Practice Group. She received a B.A. from Shenzhen University Law School and an M.A. from Xiamen University Law School. In addition to her practice, Ms. Li is also involved in a number of professional organizations and is currently a part-time research fellow at the Law Research Institution in the Chinese Academy of Social Sciences, a member of the Public Relations Committee of the Shenzhen Law Office Association, and an executive member of the Shenzhen Women Lawyers' Association. She qualified to practice law in 1988, and has experience working both in law firms and as in-house counsel.
Cao Ganyun is a senior partner in the firm's Banking and Finance Practice Group, and is an experienced practitioner of real estate law. Mr. Cao received a B.A. from Shenzhen University and an M.A. from Zhongnan University of Economics and Law and has been licensed to practice law since 1995.
Wang Zhongdong is a senior partner in the firm's Insurance Practice Group. Mr. Wang received a B.A. in Philosophy and an M.A. from Xiamen University, and has been licensed to practice law since 1993. Mr. Wang is also a certified public notary.
Ma Songxin is a leading partner in the firm's Real Estate and Construction Practice Group. Mr. Ma received a B.A. from Zhongnan University of Political Science and Law and an M.A. from China University of Political Science and Law, and he has been licensed to practice law since 1991.
Cui Hongchuan is a leading partner in the firm's Securities Practice Group. Mr. Cui received a B.A. in Engineering and Science from Eastern China Water Resource College and a double Bachelors degree. from China University of Political Science and Law. Mr. Cui has been practicing law since 1995 and has studied abroad in Cambridge, England.
Zhou Xuan is a leading partner in the firm's Securities Practice Group. She received a B.A. from Zhongnan University of Economics and Law, an M.A. from the University of International Business and Economics and an L.L.M. from IIT-Kent Law School in Chicago. Ms. Zhou has been qualified to practice law since 1999, and previously practiced law in the Chicago office of Mayer Brawn Rowe and Maw.
Wu Jianshe is a leading partner in the firm's Securities Practice Group. Mr. Wu received a B.A. in British and American Literature from Zhengzhou University and an M.A. from Renmin University. He has been qualified to practice law since 1993.
Yang Guoxing is a leading partner in the IP Practice Group, receiving a B.A. from Zhongshan University and qualifying to practice law in 1992.
Song Fangcheng is a leading partner in the IP Practice Group, graduating with a B.A. from the Beijing University of Science and Technology and an M.A. from Huazhong University of Science and Technology. Mr. Song has been licensed to practice law since 1997 and has been a registered Chinese Patent Agent since 2004.
Huang Yanlin is a leading partner in the Litigation and Arbitration Practice Group. Mr. Huang received a B.A. from Lanzhou University and qualified to practice law in 1998.
Fang Zhuangyi is a leading partner in the Litigation and Arbitration Practice Group. He received a B.A. from Xinan University of Political Science and Law and qualified to practice law in 1989.
Xue Jiansheng is a leading partner in the Litigation and Arbitration Practice Group. He received a B.A. from Jiangxi University in 1986 and has been a qualified practitioner of law since 1985.
Contact China Commercial Law Co.
Shenzhen Office
14/F, Times Finance Centre
No. 4001, Shen Nan Road
Shenzhen, 518034
Tel +86 0755 8302 5555
Fax +86 0755 8302 5058