Marshall MA Partner
Special Assets, Restructuring and Insolvency | Banking and Finance Dispute Resolution
+86 10 5650 0900-8653 shuai.ma@meritsandtree.com Beijing

Marshall MA has a long-standing focus on dispute resolution and risk mitigation in the fields of shipping, finance, and commercial law. With substantial practical experience and profound theoretical expertise, he has led multiple major and complex commercial disputes with claims exceeding RMB 1 billion, demonstrating particular expertise in handling disputes related to commodity trading, financial leasing, port cargo operation, asset management, corporate investment and financing, as well as significant civil and criminal intersecting cases. Marshall has also served as outside general counsel for several large enterprises, being well-versed in legal matters related to corporate operation, internal governance, compliance, and risk control..

 

Furthermore, Marshall is particularly adept at handling cross-border disputes, where he tailor innovative and feasible dispute resolution strategies based on the specific characteristics of cross-border transactions, by coordinating with foreign counsels and leveraging the legal advantages and judicial resources of the relevant jurisdictions connected to the matters. He consistently researches and stays abreast of the latest developments in international commercial arbitration legislation and case law, and possesses in-depth knowledge of arbitration laws and rules of major seats such as London, Singapore, and Hong Kong. Marshall has represented numerous Chinese enterprises in institutional arbitration and ad hoc arbitration, overseas asset disposal cases, overseas investigations and evidence collection, asset attachment, offshore anti-suit injunctions, recognition and enforcement of foreign arbitral awards and managing parallel litigation. The cases he has handled cover the applicable law and competent courts of dozens of overseas jurisdictions.

 

Prior to joining Merits & Tree, Marshall MA gained more than ten years of experience at King & Wood Mallesons and China National Chartering Co., Ltd.

Achievements
Shipping and Finance
  • Represented a domestic financial institution in bankruptcy proceedings of Swiber, a Singapore-listed offshore engineering company, handling the default and restructuring arrangements of the leaseback financing of two offshore drilling platforms.
  • Served as lead counsel to a financial institution, coordinated with local counsel across multiple jurisdictions, including the UK, Cyprus, Singapore, Russia, and Liberia to provide legal opinions in respect of approximately ten ship finance lease projects.
  • Represented a Singaporean shipowner in conducting due diligence on a Zhejiang-based petrochemical project and provided legal advice on the acquisition of ethane transport vessels.
  • Represented a domestic automobile importer in handling the port detention of over 5000 parallel-import BMW vehicles, assisting the client in applying for Maritime Injunction, and completing import verification procedures.
  • Represented a Tangshan-based shipping company in a voyage charterparty dispute with a foreign shipowner, instructing UK barristers to provide a legal opinion on the last legitimate voyage and responding to claims pursued by the foreign shipowner.
  • Represented an Australian mining subsidiary/affiliate of a Chinese company in handling a cargo detention incident involving 5,300 metric tons of copper concentrate, assisting the client in responding to claims pursued by foreign creditors.
  • Acted as counsel to corporate clients such as COFCO, Taiyuan Iron and Steel International Trade, Benxi Iron and Steel International Trade, and Sinopec, advising on international trade and maritime matters and representing them in related disputes.
  • Represented a Chinese steel trading company in defending against a charterparty arbitration initiated by a Greek shipowner under LMAA Rules, as well as in the ancillary 28 U.S.C. §1782 discovery proceeding and Rule B attachment proceeding commenced in the United States in aid of the arbitration.
  • Acted for a Guangdong-based shipping company in reviewing the shipbuilding contracts for two fuel vessels.
  • Represented a domestic financial institution in providing legal due diligence opinions in connection with the export of two VLGC vessels from Jiangnan Shipyard to Belgium.
  • Represented a central state-owned enterprise in providing legal services for the overseas transportation and transshipment contracts related to its investment in the Guinea Aluminum Project.
  • Represented cargo owners or shipowners in pursuing or defending against a series of disputes arising from port operations and contracts for the carriage of goods by sea.
Dispute Resolution
  • Represented the Hong Kong sales subsidiary of a Chinese petrochemical enterprise in a CIETAC arbitration concerning a rubber purchase contract dispute with a Singaporean seller.
  • Represented an Anhui-based international company in handling two CIETAC arbitration cases concerning the sale contracts for 550HP and 750 drilling rigs between an Indonesian buyer .
  • Represented the aforementioned Anhui company in coordinating with Indonesian lawyers to apply for the recognition and enforcement of CIETAC arbitral awards in Indonesia.
  • Represented a Taiwan-based conglomerate and its mainland-invested entities on a series of disputes related to investment promotion agreement with the local government and urban investment company.
  • Represented a Taiwan OEM enterprise in handling international goods sales contract disputes arising from defective battery cells.
  • Represented a Hong Kong financial company in filing a lawsuit for an offshore loan contract at the Fourth Intermediate People's Court of Beijing Municipality (governed by Hong Kong law).
  • Represented Itochu Corporation (Japan) in applying to the Third Intermediate People's Court of Beijing Municipality for enforcement of a CIETAC arbitral award.
  • Represented a Canadian citizen in the second instance and enforcement proceeding for an equity transfer contract dispute involving land-use rights, successfully recovering approximately CNY 240 million.
  • Represented a Hong Kong investment company in handling a highway franchise agreement dispute and related judicial disposal procedures for toll collection rights and the validity of arbitration clause.
  • Represented a financial leasing company in litigation concerning a dispute under a financial lease contract of metro with a city metro group.
  • Represented a trust company in first-instance and second-instance litigation of contract disputes against urban investment company, real estate company and others.
Non-performing Assets and Bankruptcy
  • Represented a Chinese financial institution in providing legal services concerning the default and restructuring arrangements for the finance leasing of three A330 aircraft of a Hong Kong airline.
  • Represented a Chinese financial institution in bankruptcy proceedings of Swiber, a Singapore-listed offshore engineering company, handling the default and restructuring arrangements of the leaseback financing of two offshore drilling platforms.
  • Represented a Chinese financial institution in risk mitigation of a cross-border financing project affected by the insolvency of India's Reliance Group, and coordinated with Indian counsel in related insolvency proceedings..
  • Represented a Chinese financial institution in risk mitigation of a cross-border financing project arising from the insolvency of South Africa CELL-C, coordinating with local counsel to participate in the insolvency proceedings and pursue recoveries.
  • Represented the Shanghai branch of a Taiwanese bank in a financial loan contract dispute with a Shandong paper-making enterprise, assisting in converting the debtor's proceedings from liquidation to reorganization to facilitate corporate revival.
  • Represented a Wuhan-based company in providing legal services for the risk resolution and liability isolation in relation to its investment projects in Hong Kong and the British Virgin Islands (BVI).
  • Represented a state-owned Asset Management Company (AMC) in restructuring and dispute resolution of complex projects such as Shanxi Liansheng, Jindadi, and Henotec.
  • Represented an asset management company in dealing with the risk resolution of projects involving Evergrande Real Estate.
  • Represented a Chongqing-based asset management company in litigation concerning the actions for confirmation of bankruptcy claims among construction creditors.
  • Represented a state-owned Asset Management Company (AMC) in the restructuring of a real estate project in Guizhou.
Social Positions
  • Arbitrator, China Maritime Arbitration Commission (CMAC)
  • Selected for the Beijing Lawyers Association's Foreign-related Legal Talent Pool
  • Member, Youth Lawyers Committee of the 4th Dongcheng District Lawyers Association, Beijing
Education
  • LL.M., Dalian Maritime University
  • LLB, Shandong University
Admissions

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Language
Chinese  English

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