Jinhui ZHANG

International Arbitration

Represented Hong Kong and Canadian investors in a dispute with a Cayman Islands company arising from an investment in and acquisition of a Chinese ice cream chain. Serving as sole counsel throughout an English-language arbitration administered by the Hong Kong International Arbitration Centre (HKIAC), obtained an award granting all of the clients' claims. Thereafter, assisted the clients in commencing enforcement and company winding-up proceedings in the Cayman Islands, ultimately securing a settlement and recovery.
Represented a U.S. pharmaceutical research and development company in a cross-border licensing agreement dispute with a Hubei-based technology company, involving parallel proceedings in an ad hoc arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) and before courts in Mainland China. Obtained a jurisdictional decision confirming the tribunal's jurisdiction and a partial award ordering the counterparty to pay the relevant costs. Also secured favorable rulings from the Wuhan Intermediate People's Court and the Hubei High People's Court confirming the validity of the ad hoc arbitration agreement, followed by an order from the Huanggang Intermediate People's Court recognizing and enforcing the partial award on costs.
Represented a leading cross-border payments company in an arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) arising from a cross-border payment services arrangement; obtained a favorable award in a dispute involving several hundred million RMB.
Represented a PRC-listed new energy company in an investment dispute with an Australian counterparty in an arbitration administered by the International Chamber of Commerce (ICC), seated in Sydney and conducted in English, with an amount in dispute exceeding the equivalent of RMB 100 million.
Represented a Chinese real estate company in a contractual dispute in an arbitration administered by the American Arbitration Association's International Centre for Dispute Resolution (AAA-ICDR), seated in New York and conducted in English.
Represented a major investment group in an arbitration against a leading European insurance company arising from a performance-based valuation adjustment arrangement. The arbitration was conducted in Chinese and English and in accordance with the international arbitration procedures and heard by a three-member tribunal comprising arbitrators from three countries. Ultimately achieved a settlement that met the client's commercial and legal objectives.

Cross-Border Litigation

Represented a leading Chinese internet company in connection with a U.S. investor class action, participating in discovery and advising on PRC law issues.
Represented a PRC-listed company in connection with U.S. antitrust litigation, participating in discovery and advising on PRC law issues.
Represented a leading Singapore-based multinational trading company in disputes with a PRC-listed company and its subsidiaries concerning the ownership of intellectual property and trade secrets. Participated in related proceedings in Mainland China, the United States, and Singapore, ultimately securing a favorable judgement and the resulting settlement under which the client received more than RMB 100 million.
Assisted a state-owned financial institution in responding to mutual legal assistance requests and a criminal investigation initiated by the judicial authority of an EU member, ultimately helping the client reach a settlement with the authority for a relatively modest amount and avoid any criminal liability.

PRC Litigation and Arbitration

Represented the founder of an artificial intelligence healthcare company and the founder's offshore investment vehicle in defending a share repurchase arbitration. Notwithstanding that several co-respondents had accepted that the repurchase conditions were satisfied, argued that the trigger event as agreed in the contract had not occurred. The tribunal accepted this position and dismissed all of the claimant's claims, relieving the clients of more than RMB 100 million in repurchase liability.
Represented a leading investment fund in a share repurchase arbitration against a technology company and its founders. Although the investment amount had not been paid, the tribunal granted the client's request for repurchase at nil consideration and confirmed that the client had no further obligation to pay the investment amount.
Represented the founder of a leading endoscopy company in a performance-based valuation adjustment dispute with a listed medical device company. Acting for the party subject to the performance compensation obligation, commenced arbitration seeking a reduction of that obligation. The case concerned the impact of the COVID-19 pandemic on the performance adjustment mechanism. The tribunal applied the doctrine of change of circumstances and reduced the client's performance compensation liability by 50%, equivalent to approximately RMB 40 million.
Represented an overseas investment institution in share repurchase litigation and arbitration against a Chinese real estate company and its ultimate controller. Commenced parallel proceedings against the principal debtor and the guarantor in a dispute involving several hundred million RMB, and obtained preservation orders over bank deposits, equity interests, and real property in both proceedings. Ultimately secured a settlement that enabled the client to exit its investment.
Represented the founder of a biotechnology company in a share transfer dispute with a listed biotechnology company. Commenced arbitration before the Shanghai Sub-Commission of the China International Economic and Trade Arbitration Commission (CIETAC) and, through the arbitration and related negotiations, secured payment of more than RMB 150 million in share repurchase consideration.
Represented a state-owned financial institution in responding to a financial derivatives-related risk event, including participating in the development and implementation of the risk mitigation plan and acting in a series of resulting litigation proceedings. One of the cases was selected by the Supreme People's Court as one of the 2020 Top Ten Commercial Cases of Chinese Courts.
Represented a private equity fund in share repurchase litigation against the shareholders of a leading software company, and obtained a favorable judgment for more than RMB 30 million and achieved full recovery.
Represented a state-owned sectoral investment fund in share repurchase litigation against the ultimate controller of a biotechnology company, and obtained a favorable judgment for more than RMB 40 million.