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Major Litigations and Arbitrations

Major Civil, Commercial and Economic Litigations and Arbitrations

 

Yidao Litigation Team consists of senior lawyers who are specialized in all kinds of litigation cases. We have solved large numbers of major civil, commercial and economic litigation cases as attorney in China, and have provided many enterprises with advice, suggestions and/or litigation proposals in respect to commercial contracts and disputes, which have enabled us to accumulate abundant litigation experiences. In addition, we have also represented foreign and foreign-invested enterprises in litigation actions in China, and provided them with relevant legal services. Furthermore, we issue specialist reports to foreign companies in connection with the application of Chinese laws in foreign courts, handle negotiations for disputes involved with foreign businesses while providing alternative solutions, and represent Chinese companies, enterprises and institutions to attend litigation actions in foreign countries.

 

Classic Cases

 

Major litigation cases in the supreme courts and higher courts

 

Retrial on the shareholder contribution dispute filed by Tianjin Tianyang Washing Machine Co. against Tianjin Tianyang Electronics Technology Co. in the Supreme People’s Court — the Court ruled in our favor and rejected the retrial appeal made by the other party;

The government securities repurchase dispute between Guotai Junan Investment Management Co., Ltd. and Sanya Bureau of Finance, Hainan Province, presided over by the Supreme People’s Court — the Court ruled in our favor and rejected the retrial appeal made by the other party;

An execution objection reconsideration case in which Sanya Bureau of Finance, Hainan Province, was claimed as the additional enforced executor in the 200 million Yuan bonds trading dispute filed by Harbin Treasury Securities Co., and presided over by the Tianjin Higher People’s Court — the Court ruled in our favor and Sanya Bureau of Finance, Hainan Province, was not claimed as the additional enforced executor;

A cooperative development real estate contract dispute involving more than several hundred million Yuan between Tianjin Haodi Group Co., Ltd. and the Biancun Village Committee in Xiqing District, Tianjin City, presided over by the Tianjin Higher People’s Court – suit pending;

An equity transfer dispute involving 300 million Yuan between Tianjin Haodi Group Co., Ltd. and Shenzhen Jinfang Company presided over by the Tianjin Higher People’s Court — suit pending;

Participation in the 178 million Yuan Loan Dispute Case HCA-447 of the Hong Kong High Court  in lieu of the Tianjin Higher People’s Court on behalf of Tianjin Jinfu Express way Development Co., Ltd. — the creditor’s right was confirmed by the Hong Kong High Court;

A 17 million-Yuan bond repurchase dispute retrial case between Harbin Treasury Securities Co. and Sanya Bureau of Finance, Hainan Province presided over by the Tianjin Higher People’s Court — we won a comprehensive victory;

Creditor’s right dispute filed by Tianjin Jinfu Express way Development Co., Ltd. against Hong Kong Daleeku Co., Ltd., Daleeyi Co., Ltd., and Daleezhan Co., Ltd. In the Tianjin Higher People’s Court;

A 64 million Yuan shareholder representative lawsuit filed by Guangren (Hong Kong) Building and Property Development Co., Ltd. against Tianjin Jinfu Express way Development Co., Ltd. in the Tianjin Higher People’s Court -- the other party was prompted to withdraw the lawsuit;

Enforcement execution procedure for a 17 million Yuan loan dispute against Tianjin Shenghua Flexible Cables Co., Ltd. on behalf of Tianjin Office, China Orient Asset Management Corporation the loaning was successfully executed;

Second Instance trial of trademark infringement and unfair competition dispute between Tianjin Pipe (Group) Corporation and Tianjin Hangtuo Litai Commerce and Trade Co., Ltd. presided over by the Tianjin Higher People’s Court – the Court ruled in our favor;

Trademark infringement and unfair competition case between Tianjin Ducting and Valves Electric Fitting Co., Ltd. and Tianjin Baili Ertong Machinery Co., Ltd. presided over by the Tianjin Higher People’s Court - the Court ruled in our favor;

A 25 million-Yuan trade secret infringement dispute again the 19 people from Tianjin Luosheng Enterprise Co., Ltd. and the Tianjin Longchuang Science and Technology Development Co., Ltd. presided over by the Tianjin Higher People’s Court – the Court ruled in our favor;

Second Instance trial of lawsuit between the party of Turck Automation System Co., Ltd, and SDT and the shareholder representative, MR. Zhang, presided over by the Tianjin Higher People’s Court;

First Instance and Second Instance trails in a series of 5 corporate deadlock cases on behalf of Turck (Tianjin) Automation System Co., Ltd. (a famous foreign-invested enterprise in Tianjin) against its senior executives---we successfully safeguarded the legitimate rights and interests of the Client Turck (Tianjin) Automation System Co., Ltd.;

Second instance trial of subrogation right dispute between Tianjin ALSTOM Hydro Co. Ltd. and Dadi Shimao Technology Co., Ltd. presided over by the Tianjin Higher People’s Court — the Court ruled in our favor in the second instance trial, and reversed the original judgment;

Second instance trial of the joint real estate development investment and cooperation contract dispute between Chu Shixi and Tianjin Haodi Group Co., Ltd. presided over by the Tianjin Higher People’s Court;

Retrial of the cooperation contract cancellation dispute between Chu Shixi and Tianjin Haodi Group Co., Ltd. presided over by the Tianjin Higher People’s Court;

Second instance trial of an 18.06 million Yuan project construction contract dispute between Tianjin Haodi Group Co., Ltd. and China Construction Sixth Engineering Bureau Civil Engineering Co., Ltd. Presided over by the Tianjin Higher People’s Court;

A 100-million-Yuan equity transfer dispute between Tianjin Haodi Group Co., Ltd. and a property development limited company in Shenzhen;

An 8-million-Yuan contract dispute filed by Tianjin Kunqiao Venture and Investment Co., Ltd. against Guo Yufu and Tianjin Fukang Agriculture Development Co., Ltd.both the Tianjin Intermediate Court and the Tianjin Higher Court ruled in our favor;

……

 

Large litigation cases in intermediate courts

 

First instance trial of trademark infringement and unfair competition dispute between Tianjin Pipe (Group) Corporation and Tianjin Hangtuo Litai Commerce and Trade Co., Ltd.

First instance trial of trade secret infringement dispute between 19 people from the Tianjin Longchuang Science and Technology Development Co., Ltd. and Tianjin Luosheng Enterprise Co., Ltd.;

First instance trial of income disgorgement between 7 people from the Tianjin Longchuang Science and Technology Development Co., Ltd. and Tianjin Luosheng Enterprise Co., Ltd.;

A 31-million-Yuan infringement dispute between Tianjin Haodi Group Co., Ltd., and Tianjin Jiadi Property Investment Co., Ltd.;

First instance trial of an 18.06-million-Yuan project construction contract dispute between Tianjin Haodi Group Co., Ltd., and China Construction Sixth Engineering Bureau Civil Engineering Co., Ltd.

A sales contract debt dispute involving more than 6 million Yuan filed by Shenzhen KeyBridge Communication Technology Co., Ltd against Shenyang Otran Technology Co., Ltd., — the court ruled in our favor;

A sales contract guaranteed liability dispute involving more than 4 million Yuan between Tianjin Xinhai Weiye Investment Guarantee Co., Ltd., and Beijing Zhongte Asia-Pacific Commerce and Trade Co., Ltd., & Tianjin Liujian Construction Engineering Co., Ltd., — the court ruled in our favor;

A company interest damage compensation dispute between Turck Sensor Co., Ltd., and Zhang;

Second instance trial of the trademark infringement case between Tianjin Ducting and Valves Electric Fitting Co., Ltd., and Tianjin Baili Ertong Machinery Co., Ltd.;

A patent transfer contract dispute between Tianjin Kunqiao Venture and Investment Co., Ltd., and Guo Yufu;

Second instance trial of sales contract dispute between Tianjin Lingtai Electromechanical Technology Co., Ltd., and Turck Sensor Co., Ltd.;

First instance trial of sales contract dispute between Turck Automation System Co., Ltd., and Turck Sensor Co., Ltd.;

Second instance trial of subrogation right dispute between Tianjin ALSTOM Hydro Co. Ltd., and Beijing Dadi Shimao Technology Co., Ltd., & Tianjin Shitong Steel Co., Ltd.;

Second instance trial of relocation compensation dispute between 92676 Agricultural Base and 11 relocatees;

Second instance trial of shareholder’s ownership right dispute between Henan Xingda Property Co., Ltd., and Tianjin Bak New Energy Research Institute Co., Ltd.;

Construction project contract dispute between Tianjin Peace Construction Engineering Co., Ltd., and Tianjin Huadu Restaurants Co., Ltd.;

Second instance trial of sales contract dispute between Tianjin Yisong Electric Co., Ltd., and Tianjin Baorui Technology Co., Ltd.;

Second instance trial of construction contract dispute between Tianjin FANTASIA PROPERTIES Co., Ltd., and Tianjin Bochuan Geotechnical Engineering Co., Ltd.;

Second instance trial of shareholder’s ownership right dispute between Tianjin Zhidi Real Estate Co., Ltd., and Xu & Wan;

Second instance trial of divorce property division dispute between Li and Yan;

Second instance trial of divorce property dispute of Gao Wensheng;

Second instance trial of dispute over the payment refund claim between GRC Bank Xicheng Sub-branch and Jianghai Chengchangsheng Glass Co., Ltd., Jiangmen City;

Dispute over the interest ownership filed by Singapore Falmac Limited against Zheng Jilai and the contributors of LEON ZHAO;

Second instance trial of equity ownership dispute filed by Xu Guiping and Wan Shumin against Tainjin Zhidi Real Estate Co., Ltd.

Equity transfer contract dispute between Tianjin Limitedless Investment Co., Ltd., and Swiss Roca Economic Park Co., Ltd.;

……

 

Other arbitration, execution and maritime cases

 

Application on behalf of (Holland) Alain Herui Agricultural Products Co., Ltd. for the admission and execution of the Arbitration Awards 13-398 and 13-399 of the GAFTA in London, UK;

A 300 million Yuan equity transfer contract dispute filed by Limitedless Investment Group against Swiss Roca Economic Park Co., Ltd.;

An enforcement procedure dispute involving a 17-million-Yuan loan between the Tianjin Office, China Orient Asset Management Corporation and Tianjin Shenghua Flexible Cables Co., Ltd.;

Marine transport contract dispute between Tongxu County Mingyang Industrial Co., Ltd., and MCC Transport Singapore Pte., Ltd.;

……

 

Criminal relief for political VIPs, entrepreneurs and senior executives

In the field of criminal defense, we have secured our expertise in the field relevant criminal defense under Chapter 3 “Crime of destruction of Market Economic Order”, Chapter 5 “Crime of Property Violation” and Chapter 8 “Crime of Graft and Bribery” of the Criminal Law, and have cultivated many excellent expertise-level criminal defense lawyers. So far, we have provided legal relief in terms of innocence or misdemeanor for numerous entrepreneurs and senior managers, palliating them from such allegations as contract swindling, illegal business operation, trade secret infringement, diverting fund, and so forth, with the legitimate rights and interests of our clients being safeguarded.

 

Classic Cases

Second instance trial of the case of Liu, a famous entrepreneur in Tianjin, suspected of intentional homicide, presided over by the Tianjin Higher People’s Court — an intentional homicide case in Tianjin with the greatest influence and numerous people involved; 

Case in which a shareholder of a freight forwarding limited company in Tianjin was suspected of destroying and hiding accounting documents — a case supervised and handled by the Commission for Discipline Inspection of the Central Committee of the CPC, and also the first case of such nature in Tianjin, with the Client being given suspended sentence;

Second instance trial of an 8.9-million-Yuan corruption case and a 5.5-million-Yuan misfeasance case against Yang, Vice Chairman of the NPC Hedong District Standing Committee of Tianjin City — currently the corruption case involving the largest amount in Tianjin;

The case of Zhu, a famous youth entrepreneur and District NPC delegate of Tianjin, suspected of joining a criminal syndicate group — a gang-related case in Tianjin with the greatest influence and numerous people involved;

The case in which Du Xingyu committed a crime of organizing, leading and joining a criminal syndicate group — a major and significant criminal case in Jinnan District, Tianjin;

Second instance trial of contract swindling case against Cai Xu — the Client was remitted from criminal punishment after a retrial of the case;

The case in which Liang committed a crime of illegally absorbing public deposits – a major and news-making economic case in Tianjin, Shandong and other regions;

Second instance trial of a case in which Tang Handong was suspected of the crime of intentional injury –Tang Handong was given a suspended sentence;

The case in which Wei, Zhang and Long were suspected of the crime of infringing business secrets;

The case in which the Deputy Chief Accountant of a municipal engineering unit in Tianjin was suspected of misappropriating public funds;

A contract swindling case against the legal representative of a real estate development company limited in Tianjin;

An intentional injury case against Qian Zhuanhua and Hua Wei, in which the shareholder of a real estate company was suspected of committing professional embezzlement through the realtor agency service;

The case in which Han Jinghua was suspected of the crime of selling commodities with counterfeited registered trademark; Fu was suspected of committing a robbery;

The case in which Gu Guofei, Gong Huadi and Wang Xiangguo committed a crime of forced prostitution;

The case against Liu Jianhui for organizing and leading pyramid schemes;

An illegal business operation case against Wu Tengfei;

The case in which Li Dongjie and Du Zhengjun were suspected of assisting in the falsification of evidence;

The case in which Liu Dianling was suspected of committing the crime of illicitly withdrawing capital contribution;

The case in which Liu Shilian was suspected of feigning investment, hiding and intentionally destroying accounting documents and account books;

The case in which Zhao Chunzhi was suspected of committing theft and harboring a criminal

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