Contents:

业务领域：

Business Sectors:

Design of dispute resolution plans and dispute mediation and settlement

Domestic arbitration and litigation

Cross-border arbitration and litigation

Marine and maritime commerce

Introduction:

The dispute resolution team of Shanghai Yingdong Law Firm is composed of professional lawyers and senior legal experts, who have profound theoretical knowledge and practical experience of legal representation in litigation, arbitration, enforcement cases and response to contingencies. The legal services provided by Yingdong for dispute resolution are featured by an established transparent process, and clients can keep informed of the developments of their cases through an office coordination system.

Details:

Department Introduction:

The Civil and Commercial Dispute Resolution Department of Shanghai Yingdong Law Firm is composed of senior professional lawyers, experts and scholars, and many talents from the judicial system, who have rich theoretical knowledge and practical experience of legal representation in litigation, arbitration, enforcement cases and response to contingencies. Yingdong’s lawyers handle each case carefully with professional proficiency and rigorous service attitude, take technology as the key, and put big data, visualization, strategic thinking and other technical means together to work out the most appropriate solution and get the best results for clients in their cases. Since its establishment, the Department has created remarkable characteristics and advantages in commercial dispute resolution involving Internet and State-owned enterprises in related fields.

Typical cases: China’s first “pre-litigation injunction” in an unfair competition case; a series of reputation protection cases and a “virtual property”-related online store transfer case initiated by a Fortune Global 500 BAT enterprise; a real estate rights case initiated by a Chinese Fortune 500 pharmaceutical group; a real estate leasing case initiated by an electrical group; and a webcasting case involving a live streaming enterprise listed in the United States.

Business Sectors:

Legal consulting and training on dispute prevention

Helping clients build a legal risk prevention system against economic disputes by providing training for relevant departments and personnel of companies.

Consulting and solution design for dispute resolution

Conducting analysis and strategy research on complex and difficult cases; providing legal advice on dispute resolution and conducting a feasibility study; drafting and revising relevant dispute resolution agreements in response to specific requirements of various disputes and transactions; representing in various procedures of alternative dispute resolution, such as developing settlement strategies and participating in settlement negotiations.

With abundant experience in negotiation and mediation, Yingdong’s lawyers often propose creative solutions for clients and excellently resolve disputes by non-litigation means. In practice, we respond to different situations of cases and different purposes and requirements of clients by focusing on the overall analysis and knowledge of cases, and propose alternative solutions such as settlement, mediation and arbitration to better protect the interests of clients.

Legal due diligence and commercial negotiations on dispute resolution

Investigating the corporate status, business registration, legal status, true identity, background, current operation and management, and asset status of transaction parties, conducting necessary and possible due diligence on the credit status of business partners, and issuing legal opinions in writing when necessary; providing advice or issuing legal opinions on business decisions that may give rise to litigation; formulating negotiation plans, and representing or assisting clients in negotiations.

Domestic litigation and arbitration for dispute resolution

Providing constructive and feasible dispute resolution plans and litigation and arbitration strategies; drafting or reviewing settlement agreements, and performing settlement agreements on behalf of clients; drafting all kinds of litigation and arbitration documents on behalf of clients; representing clients in all aspects of litigation and arbitration (including pre-litigation investigation, application for preservation, institution of litigation/arbitration, response to litigation, defense, and filing of counter-charges/counter-claims on behalf of clients), dispute mediation and settlement, appeals and complaints; representing clients to perform arbitral awards and other legal documents in force (including recognition and enforcement of foreign arbitral awards in China); representing clients to apply for revocation of arbitral awards or non-enforcement of arbitral awards.

With rich expertise and experience in dispute resolution, Yingdong’s lawyers conduct comprehensive analysis on facts, evidence, legal relations, and disputed facts in specific civil and commercial cases, and provide clients with feasible and constructive dispute solutions to resolve disputes and maximize the interests of clients with rapid response, creative spirit, and professional skills.

Enforcement for dispute resolution

Many lawyers of the Department used to work for courts, procuratorates, arbitration commissions and government authorities, and have gained abundant experience in judicial practice. Moreover, Yingdong’s lawyers are focused on regional collaboration, and work across provinces and cities, and even countries when necessary, for cross-regional cases using the power of Winteam 500 members to provide efficient legal services for domestic and foreign clients in a convenient and rapid manner.

Typical Cases:

Recovery right dispute: holding the main debtor of a shell company liable for debts, unmasking the company to hold its actual controller and beneficial affiliates jointly and severally liable for debts, and recovering a total loss of nearly 130 million CNY for the guarantor.

Providing legal due diligence services on public non-residential housing for a member of a State-owned group, thoroughly investigating the real estate ownership or tenancy, history of development, change of the owner, use of the housing and all other aspects, and providing legal opinions and legal basis for the revitalization and disposal of the assets of the State-owned enterprise according to the public housing management regulations and practices.

Providing legal representation, negotiation and coordination, corporate restructuring, listing transaction and other relevant legal services for a State-owned group in a series of disputes over the real estate ownership left after restructuring, and successfully revitalizing the industrial real estate worth billions in Minhang, Xuhui and Huangpu Districts of Shanghai, which brought new resources to the subsequent development of the State-owned group.

Providing legal services for a State-owned group and its restructured members in a tenancy surrender case, and helping the client repossess the tenancy and create a win-win situation in business through a combination of litigation and negotiation.

Providing consulting advices for a Fortune Global 500 Internet company, and providing litigation and non-litigation services in various fields, including reputation, service contracts, unfair competition, etc.

Providing consulting services for a leading company in the live streaming business, and providing litigation and non-litigation services related to webcasting.

Providing consulting services for Emirates Holidays.

Providing consulting services for Uzai in overseas investment.