CHINESE    JAPANESE

CHEN Fayun

Practice Areas

  • International Litigation & Arbitration
  • Cross-Border Investment & M&A
  • Corporate Law
  • Foreign Direct Investment
  • Intellectual Property Law
  • Anti-Dumping, countervailing and safeguard measures
  • US Section 337 proceedings
  • Other foreign-related legal matters

Professional Experience

  • Mr. Chen has been in legal practice for over 24 years and acquired abundant experience in international litigation, arbitration and non-litigation legal services. He once provided full legal services for the automobile joint venture project between Jaguar Land Rover Public Co., Ltd. and Chery Automobile Co., Ltd., the total investment of which was as high as RMB 10.9 billion. The project was rated the “Best Deal of the Year 2012” by China Business Law Journal, Hong Kong.
  • Mr. Chen has Represented Chinese clients in numerous civil and commercial cases heard by the US federal district courts, Japanese Family Court, WIPO Arbitration and Mediation Center, London Maritime Arbitrators Association(LMAA), ICC International Court of Arbitration, Hong Kong International Arbitration Center(HKIAC), Hong Kong High Court, and other overseas judicial and arbitration institutions, inter alia, by teaming up with Baker & McKenzie, he once successfully represented a well-known Chinese automobile enterprise in a huge case first tried in a US federal district court, then after the proceedings being stayed, heard in HKIAC. The amount claimed in such case was over USD 15 billion. The case was supposedly the largest case against Chinese business sued overseas. By teaming up with Norton Rose Fulbright, he also successfully represented a Chinese bank in responding to a refund guarantee case brought in London in accordance with the LMAA Rules. The claimed amount was USD 20,000,000. In this case, a rarely seen defence of public policy was used which rendered the underlying shipbuilding contract unenforceable, reviving a "dead" case recognized by the industry and avoiding the huge economic losses for the bank.
  • In the field of domestic litigation, Mr. Chen enjoys rich experience in representing clients domestic and foreign in large complicated cases tried by domestic courts at various levels. He once won a case heard in a local court in which a minority shareholder he represented sued a majority shareholder for passing a resolution in violation of articles of association. The case played a significant role in the development of company law and therefore was recorded as an important precedent in the Gazette of the Supreme People's Court.
  • Mr. Chen has served as sole arbitrator and party-appointed arbitrators in numerous CIETAC cases since 2014. The cases he heard are mostly involving international and domestic sales of goods, quality claims, equity acquisition, and joint venture contracts etc.
  • On February 27, 2014, elected by the Ministry of Justice and All China Lawyers Association, Mr. Chen was given a special report as the representative of Chinese foreign-related lawyers by the "Chinese Lawyers Story" column of Legal Daily, titled "Chen Fayun: Helping Chinese Enterprises Win the International Lawsuit", with the official website of All China Lawyers Association making a synchronization report on its front page. As a leading lawyer dealing with cross-border legal matters, he has been regularly interviewed by mainstream media such as Legal Daily.

Work Experience

  • Partner, senior counsel, Grandall Law Firm (Nanjing).
  • Senior Partner , senior counsel, Jiangsu Jinding Partners.
  • Prior to practicing law, Mr. Chen used to be a university teacher and research fellow of academy of social sciences.

Education Background

  • Member of the first session Program of the “Leading Chinese Lawyers Dealing with Cross-Border Legal Affairs” jointly organized by the Ministry of Justice, Ministry of Finance and All China Lawyers Association and dispatched on central government funds to the School of Law of the University of Hamburg and the EU Headquarters for training, majoring in outbound investment and cross-border M&A, and taking an internship at DLA Piper, Hamburg Office.
  • Member of the first session Program of the “Top Talents Among Leading Jiangsu Province Lawyers Dealing with Cross-Border Legal Affairs” organized by Jiangsu Provincial Government and dispatched on Jiangsu Provincial Government funds to the University of Maryland as a visiting scholar, majoring in anti-dumping, countervailing, safeguard measures, Section 337 proceedings and international trade dispute resolution, and taking an internship at Jones Day.
  • Graduated from the Faculty of Law of the University of Liverpool with a Degree of Master of Laws in international business law (LLM).
  • Graduated from the Law School of Fudan University with a Bachelor Degree of Laws in International Economic Law (LLB).
  • Graduated from the Faculty of Foreign Languages and Literature of Anhui Normal University with a Bachelor Degree of Arts in English language and literature (B.A).

Professional Affiliations

  • The Chair of the International Law & Practice Section of Jiangsu Bar Association
  • The Chair of the International Law & Practice Section of the Provincial Branch of Jiangsu Bar Association

Other Titles & Positions

  • Member of Arbitration Committee of ICC China.
  • Fellow of Hong Kong Institute of Arbitrators (FHKIArb)
  • Arbitrator of China International Economic and Trade Arbitration Commission (CIETAC).
  • Arbitrator of Singapore International Arbitration Centre(SIAC)
  • Arbitrator of Hong Kong International Arbitration Centre(HKIAC)
  • Arbitrator of the Arbitration Center across the Straits.
  • Arbitrator of Chongqing Liangjiang International Arbitration Centre of China.
  • Mediator of Jiangsu International Commercial Legal Service Center.
  • Member of the Talent Lawyer Bank of “One Belt One Road” Cross Border Projects organized by the Ministry of Justice, Ministry of Finance and All China Lawyers Association.
  • Vice President and Director of the Legal Affairs Section of Jiangsu Industry Overseas Development Association.
  • Member of List of Chinese Lawyers Recommended by British Embassy in China.
  • Council Member of Jiangsu Chamber of Import & Export Commerce.
  • Expert of Jiangsu Enterprise Internationalization Expert Tank specially appointed by Jiangsu Provincial Department of Commerce.
  • Expert of the Legal Expert Service Group of Jiangsu Hong Kong Invested Enterprise Service Association.
  • Expert of the Legal Committee of Jiangsu Chamber of International Commerce.

Academic Titles

  • Adjunct Professor of the EMBA& MBA programs of Nanjing University of Science and Technology.
  • Visiting professor of the Law School of Harbin Institute of Technology.
  • Adjunct Professor of Law School of Nanjing Normal University.

Honor & Recognition

  • “The Lawyer of the Year 2016” selected by All China Lawyers Association, Legal
  • Daily, and official websites of China Lawyer and Legal Daily.
  • Member of the first session Program of the “Leading Chinese Lawyers Dealing with Cross-Border Legal Affairs” jointly organized by the Ministry of Justice, Ministry of Finance and All China Lawyers Association in November 2013.
  • Winner of the Nomination Award of Outstanding Young Jurist of Jiangsu Province in January 2010.
  • Member of the first session Program of the “Top Talents Among Leading Jiangsu Province Lawyers Dealing with Cross-Border Legal Affairs” organized by Jiangsu Provincial Government in Aug 2007.
  • Winner of the Nomination Award of Outstanding Young Jurist of Jiangsu Province in January 2010.
  • Member of the first session Program of the “Top Talents Among Leading Jiangsu Province Lawyers Dealing with Cross-Border Legal Affairs” organized by Jiangsu Provincial Government in Aug 2007.

Publications

  • Editor in Chief and contributor of series of books sponsored by All China Lawyers Association titled Chinese Lawyers in Action: Collection of Works by Leading Chinese Lawyers Dealing with “One Belt One Road” Legal Affairs (Legal Press 2016); Chinese Lawyers in Action: Collection of Works by Leading Chinese Lawyers Dealing with Cross-Border Legal Affairs (Legal Press 2015) ; Chinese Lawyers in Action: Collection of Essays by Leading Chinese Lawyers Dealing with Cross-Border Legal Affairs (Legal Press 2014) .
  • Author of Cross-Border Mergers & Acquisitions in China: Law and Practice (English, LexisNexis Hong Kong 2009).
  • Editor in Chief of the Legal Guidance for Establishing Corporations in 40 Countries and Regions (English & Chinese, LexisNexis and China CITIC Press, 2008).
  • Executive Editor in Chief of A Practical Handbook of Laws and Regulations on China’s Enterprises Cross-Border Investment and Operation (Legal Press, 2007)
  • Prolific in publishing Chinese and English legal theses on The International Lawyer, China Law & Practice, European Law Review, Nankai Management Review, Academia Bimestrie, Chinese Lawyers, Chinese Lawyers Dealing with Cross-Border Legal Affairs and other domestic and foreign professional journals.

Professional Title

  • Lawyer Grade 1

Languages

  • Chinese/English

Global offices: Group Beijing Shanghai Shenzhen Hangzhou Guangzhou Kunming Tianjin Chengdu Ningbo Fuzhou Xi'an Nanjing Nanning Jinan Chongqing Suzhou Changsha Taiyuan Wuhan Guiyang Urumqi Zhengzhou Shijiazhuang Hefei Hainan Qingdao Hong Kong Paris Madrid Silicon Valley Stockholm New York