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Yao Yuan (Robert)

Senior Partner

yaoyuan@deheng.com

★ Professional Experience
 
As the director of DHH Arbitration & ADR Practice Team, Mr. Yao has over thirteen years of experience in the field of commercial dispute resolution. He has successfully represented many leading foreign companies and major domestic enterprises in over a hundred commercial litigation and arbitration cases. Mr. Yao has successfully advised his clients on winning favorable judgments or awards in their litigation and arbitration cases arising out of multi-party and complex transactions such as international trade contracts, setting-up Sino-foreign joint ventures, acquisition of assets, foreign investment, private equity investment, funding investment, franchise contracts and import/export of large equipment.
 
Mr. Yao received his legal degree and training diploma in the UK and has working experience in the UK, Russia and Hong Kong for a couple of years. He is familiar with the extraterritorial judicial practice and has extensive practicing experience in aforementioned jurisdictions.

He is an expert at oversea/international disputes resolution, recognition and enforcement of arbitration awards arising out of equity transfers, asset acquisition agreements, joint venture agreements, international trade agreements etc. Besides, Mr. Yao is skilled in advising clients on identifying their business interests and goals through forthcoming litigation/arbitration based upon which he makes well-designed strategies and practical action plans and he has domestic and foreign resources and cooperation partners to realize, coordinate and enforce such strategies and plans.


★ Leading Cases

Commercial Arbitration

· Representing a well-known Chinese oil & gas service company for arbitration case in CIETAC over disputes arising out of its technical service contract with a Fortune 500 oil & gas company’s PRC subsidiary (award in partial favor of client, the language of arbitration: English).

· Representing a listed company’s subsidiary for arbitration in BAC over disputes arising out of its PE investment agreement with a well-known PE investment enterprise (award in full favor of client).

· Representing a well-known Shandong water treatment R&D and manufacturing company for arbitration in BAC over disputes arising out of its PPP project transfer contract with a HK investment company (award in full favor of client).

· Representing a Xuzhou machinery manufacturing company for arbitration in HKIAC over disputes arising out of its joint venture contract with a Fortune 500 company (settled by mediation).

· Representing a Fujian high-tech company for arbitration in CIETAC over disputes arising out of its sale of goods agreement with a Taiwan high-tech company.

· Representing a Xuzhou concrete company for arbitration in CIETAC over disputes arising out of its assets transfer agreement with a listed company’s Xuzhou subsidiary.

· Representing a Fortune 500 company’s Suzhou subsidiary for arbitration in CIETAC over disputes arising out of its debt assignment agreement with a HK company (settled by mediation).

· Representing a Russian scientific technology company for arbitration in CIETAC over disputes arising out of its sale of goods contract with a Qingdao company (award in full favor of client).

· Representing a Hong Kong clothing company for arbitration in SCIA over disputes arising out of its distribution agreements with domestic distributors (award in full favor of client).

· Representing a Chinese oil & gas service company for arbitration in CIETAC over disputes arising out of its project development agreement with its customers in Venezuela, South America (award in full favor of client).

· Representing a Chinese high-tech company for arbitration in SCIA over disputes arising out of its sale contracts with its Hong Kong suppliers (award in full favor of client).

· Representing a US carpet manufacturer for arbitration in CIETAC over disputes arising out of its sale contracts with its Chinese supplier (award in full favor of client).

· Representing Cobra Europe (a French company) for recognition and enforcement of an arbitral award rendered by HKIAC in Chinese courts (award successfully enforced).

Litigation

· Representing Beijing 58 Kuaipai Technology Co., Ltd. for litigation over disputes arising out of its service contract with 58 Tongcheng Information Technology Co., Ltd. (NYSE: WUBA).

· Representing Mokuotian (Beijing) Investment Co., Ltd. for litigation over disputes arising out of an agreement of equity transfer of a Sino-foreign joint venture against Beijing Huidongrongchuang Investment Co., Ltd.

· Representing Cobra Europe (a French company) for litigation and follow-up application for enforcement in Chinese courts over disputes arising out of its sales contracts with its domestic suppliers.

· Representing CTA Group (an Italian group) for litigation and follow-up application for enforcement in Chinese courts over disputes arising out of sale contracts with its domestic suppliers.

· Representing a Chinese subsidiary of STORK Group (a Dutch group) for litigation in Chinese courts over disputes arising out of its sale contracts with its clients.

· Representing Kerui Group (a Shandong oil machinery manufacturer) for litigation in Chinese courts over project contract disputes against its suppliers.

· Representing Shenzhen Anke High-tech Co., Ltd. for litigation in multiple Chinese courts over disputes arising out of its distribution agreements with its domestic distributors.

Legal Counsel Services for JV/WOFE

· Providing perennial legal counsel services for Xynomic Pharmaceuticals, Inc. (a US-based company), and advising it on its oversea financing projects and NASDAQ listing.

· Providing whole-course legal counsel services for UIGreen (a US-based company), and advising it on setting up its subsidiary in Suzhou.

· Advising Uyixing Technology Co., Ltd. (the biggest oversea Chinese medical platform) on its investment in Russia.

· Providing whole-course legal services for a British deicing products manufacturer, and advising it on setting up its wholly-owned subsidiary in Beijing.

· Providing whole-course legal services for Cystect (a UK-based company), and advising it on setting up its wholly-owned subsidiary in China.

· Providing whole-course legal services for Deep Blue (a UK-based company), and advising it on setting up its wholly-owned subsidiary in China.

· Providing perennial legal counsel services for ENTI, and advising it on investment in its subsidiaries in China.

· Providing legal services and perennial legal counsel services for domestic subsidiaries of Byford (a Singapore clothing company), and advising it on setting up its subsidiary in China.


★ Education

· Zhongnan University of Economics and Law, LL.B.(2003)

· School of Law of University of Aberdeen, LL.M. (2005)

· BPP University, Professional Training Course of International Arbitration (2017)


★ Publications

· Co-author, Legal Environment Report of the “Belt and Road” Countries, Peking University Press, 2018

· Co-author, Case Studies on International Trade of Goods – Legal Risks and Precautionary Measures, University of International Business and Economics Press, 2012

· Co-author, The Pandect of the Law Practice on Capital Market, Law Press, 2017

· Author, Arbitration May Not be Final – A Brief Analysis of Optional Appeal Procedure of SCIA

· Co-author, Contribution Obligation Acceleration under the Subscription Capital System – in the Perspective of Adding Shareholders Unfulfilling Contribution Obligation as the Executed in the Execution Procedure

· Author, A Brief Analysis of the Ground Relating to Constitution of Arbitral Tribunal for Denial of Recognition and Enforcement of Arbitral Awards

· Author, Risks Encountered in Chinese International Arbitration in “Belt and Road Initiative” Investment and Its Coping Strategy

· Author, Litigation Risks Encountered by Oversea-Listed Red Chip Companies

· Author, New Trend for Domestic Recognition and Enforcement of Foreign Arbitral Awards


★ Honor and Social Positions

· Tutor at School of International Studies of China University of Politics Science and Law

· Vice Chairman of China-ASEAN Legal Cooperation Center

· Arbitrator at Xinxiang Arbitration Commission

· Member of ACLA Leading International Legal Professionals, and one of visiting fellows in the Fifth UK Visiting Program organized and selected by ACLA and sponsored by Ministry of Justice of PRC

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