Professional Fields:
Litigation, arbitration and non-contentious projects in the fields of securities and finance, investment and financing, infrastructure projects, and engineering construction.
Professional Experience:
Attorney Zhang Lei earned both his Bachelor’s and Master’s degrees from China University of Political Science and Law (September 2002 - June 2009). His practice primarily focuses on litigation and non-contentious projects related to securities and finance, domestic and international infrastructure/energy projects/construction engineering, investment, M&A, and financing.
His clients include financial institutions, central state-owned enterprises (SOEs), other SOEs, and large private enterprises such as State Grid, China Development Bank, PICC, China Minsheng Bank, China Securities, China Great Wall Securities, Sealand Securities, Yuekai Securities, Tibet Trust, China Merchants Group, CGN, CREC, China State Shipbuilding Corporation, CSMCC, Dongfeng Auto Finance Company, China Aviation Oil International, China Aluminum International Trading, SF Express, Tianyuan Manganese Industry, and BAIC Capital.
In the non-contentious sphere, Attorney Zhang has assisted clients in numerous significant and representative transactions. In dispute resolution, he has represented clients in major, complex, and difficult cases before the Supreme People’s Court, various other courts, CIETAC, Beijing Arbitration Commission (BAC), and Shenzhen Court of International Arbitration (SCIA), achieving favorable outcomes.
Social Activities:
- Arbitrator, Guangzhou Arbitration Commission, Dongguan Arbitration Commission
- Deputy Secretary-General, Beijing Law Society International Economic Law Research Institute
- Researcher, University of International Business and Economics M&A and Restructuring Research Center
Representative Cases:
Litigation Cases:
Securities Disputes and Securities Compliance Cases
- Represented Sealand Securities in over thirty misrepresentation liability disputes with public bond investors (cumulative amount in dispute: 1.5 billion RMB, Qingdao Intermediate Court).
- Represented Yuekai Securities in eight series of misrepresentation liability disputes with private bond investors (cumulative amount in dispute: approx. 270 million RMB).
- Represented Sealand Securities in a securities misrepresentation liability dispute involving underwriters and other institutions with a private bond investor (amount in dispute: 30 million RMB).
- Represented Sealand Securities in a securities misrepresentation liability dispute with a fund company (amount in dispute: 100 million RMB, Beijing No. 2 Intermediate Court).
- Represented China Great Wall Securities in a securities misrepresentation liability dispute with a private investment institution (amount in dispute: 20 million RMB, Nanjing Intermediate Court).
- Represented China Great Wall Securities in a contract case concerning an asset-backed securitization (ABS) project issuer and manager (amount in dispute: 30 million RMB, SCIA arbitration).
- Represented China Great Wall Securities in a securities misrepresentation case involving an automotive group and corresponding intermediaries.
- Represented a senior executive in several misrepresentation cases against KAIDI bond investors (first instance at Wuhan Intermediate Court).
- Represented Zhongnan Construction (a listed company) in a securities misrepresentation case against investors (second instance at Jiangsu High Court).
- Represented a listed company in an investigation initiated by the CSRC for disclosure violations.
Factoring, Financial Leasing, Financial Loan, and Asset Management Disputes
- Represented a Shenzhen energy company in a factoring contract recourse dispute against a large construction company (amount in dispute: approx. 50 million RMB).
- Represented CGN’s subsidiary solar company in a factoring contract dispute against a contractor and a bank (amount in dispute: nearly 100 million RMB).
- Represented China Merchants Group’s financial leasing company in preservation and arbitration concerning a financial leasing contract dispute with another financial leasing company (amount in dispute: approx. 350 million RMB).
- Represented a Jiangxi financial leasing company in preservation, litigation, and enforcement regarding a financial leasing contract dispute with a debtor (amount in dispute: approx. 110 million RMB).
- Represented Tibet Trust / China Minsheng Bank in an enforcement notarization case for a loan contract with a client (amount in dispute: approx. 350 million RMB).
- Represented China Securities in arbitration, preservation, commercial transfer requests, stock auction, and enforcement related to a stock pledge-style repo with a client (60 million RMB).
- Represented a client in arbitration and enforcement of a private equity contract dispute with a private fund company (BAC arbitration).
Equity and Corporate Disputes
- Represented Zennova in an equity repurchase dispute with its investor (case concluded by plaintiff’s withdrawal of the claim).
- Represented CDB Capital in a capital reduction dispute with creditors of its investment target company (case ongoing).
- Represented a natural person shareholder in the disposal of disputes including equity repurchase with the company and other shareholders (case settled).
- Represented Zhongke Fangde Software in a contract dispute for the return of investment funds against other parties (successful outcome).
- Represented Sanjia Electronics in a contract dispute for the return of investment funds against the target company and other shareholders (retrial case).
- Represented a shareholder in a medical device company in a shareholder status confirmation case (successful outcome).
- Represented a shareholder in a lawsuit against a company for a right to know dispute (successful outcome and enforcement).
- Represented a shareholder in initiating a judicial dissolution dispute for an energy company (successful outcome in second instance).
- Represented a legal representative in a deregistration dispute with the company (case settled).
New Energy, Real Estate, and Construction Project Disputes
- Represented China Development Bank in a cooperative real estate development contract dispute with a real estate development company (amount in dispute: approx. 480 million RMB).
- Represented CGN’s subsidiary hydropower company in an equity cooperation dispute with other shareholders regarding a hydropower station project (amount in dispute: approx. 600 million RMB, judgment amended by the Supreme People’s Court).
- Represented CGN Jinchang Solar Company in a warranty bond dispute and counterclaim for electricity loss arbitration against a contractor (BAC arbitration).
- Represented Jiujiu Real Estate Company in a land use right transfer contract dispute with a Yantai land platform company (Supreme People's Court).
- Represented CSMCC in a construction project subcontract dispute with a natural person, et al. (judgment amended by Hebei High Court in second instance).
- Represented Hebei Danyang Real Estate Company in arbitration and counterclaim concerning a contract dispute with a large building materials group (CIETAC arbitration).
- Represented Hebei Danyang Real Estate Company in a contract dispute for rent return with a large building materials group (successful outcome in Hengshui court).
- Represented CGN New Energy Holdings in a joint venture cooperation dispute arbitration with a local investment platform (BAC arbitration).
Foreign-related Litigation and Arbitration Cases
- Represented an overseas entity subordinate to Changjiu Logistics in an equity acquisition contract dispute with the target company and domestic/foreign shareholders (CIETAC arbitration).
- Represented Uruguay’s GML Company in suing two shareholders of a company for assuming joint liability for company debts (successful outcome and enforcement completed).
- Represented Mexico’s AT Company in an arbitration case regarding a franchise distribution agreement with a Beijing company (BAC arbitration).
- Represented France’s VPEX Company in a series of cases, litigation, and arbitration in China concerning medical supply procurement.
Non-contentious Projects:
- Provided post-investment operational support and compliance legal services for an overseas project of an energy company.
- Represented a leading logistics enterprise in investment projects in the logistics sector in Malaysia, Indonesia, and Singapore.
- Represented a French company in dispute resolution regarding medical supply procurement from Chinese suppliers.
- Represented a Beijing construction company in its investment and engineering project in Mozambique.
- Represented an important secondary subsidiary of a central SOE in handling several historical domestic and international legacy issues.
- Represented a Beijing technology company in its investment and technology commission development cooperation project in Russia.
- Represented a central SOE in the bidding for an Israeli PPP metro project (financing, construction, maintenance, and transfer).
- Represented a Ningxia mining company and its overseas subsidiary in procuring mining machinery equipment from an international equipment manufacturer via international mechanical and electrical equipment tendering, including negotiation and communication of equipment purchase agreements, loan agreements, guarantee agreements, pledge agreements, etc.
- Assisted a secondary company of a central SOE in establishing an investment platform in Hong Kong, including NDRC and MOFCOM filing documents, Hong Kong company registration, etc.
- Assisted a domestic listed mining company in acquiring mineral resources in Indonesia.
- Represented a Beijing SOE in the tendering and provided full-process legal services for a battery and graphite deep-processing project in Heilongjiang.
- Represented a US client participating in an international mechanical and electrical equipment tender project of Qingdao Bay Chemical Company.
- Represented a secondary company of a central SOE in establishing a joint venture for an airport fuel project in Cambodia.
Perennial Legal Adviser Projects:
- Perennial Legal Adviser for Beijing Capital Eco-Environment Protection Group Co., Ltd.
- Perennial Legal Adviser for Dongfeng Auto Finance Leasing Co., Ltd.
- Perennial Legal Adviser for China Development Bank Head Office and Beijing Branch.
- Perennial Legal Adviser for PICC Group and certain subsidiaries.
- Perennial Legal Adviser for CAEJ.
Publications:
- Research on Conflicting Rules for Investor Loss Determination in Bond Misrepresentation Cases and Solutions, Key Project of the Securities Association of China 2024, Project No.: 2024SACKT177.
- Co-author, Essentials of Legal Practice for New Energy Projects, Law Press China, 2024.
- Exploring the Balance of Interests and Responsibilities under the Background of Legalized Bond Default Risk Disposal - Taking Bond Misrepresentation Liability Dispute Cases as an Example, published in China Securities, Issue 8, 2024.
- Can “Structured Issuance” Block Transaction Causation in Bond Misrepresentation Dispute Cases?, May 2024, published on DHH Law Firm's WeChat public account and website.
- Analysis of Several Issues Concerning the Liability of Securities Intermediary Professionals in Securities Misrepresentation Cases, September 2024, published on DHH Law Firm's WeChat public account and website.
- Investor Loss Determination in Bond Misrepresentation – “Face Value Principal & Interest” or “Investment Differential Loss”?, March 2024, published on DHH Law Firm's WeChat public account and website.
- Can Audit Results Serve as the Basis for Price Settlement in Construction Projects?, June 2024, published on DHH Law Firm's WeChat public account and website.
- Legal Practice Regarding Owner Claims for Electricity Fee Losses in New Energy Project Disputes, March 2023, published on DHH Law Firm's WeChat public account and website.
- A Preliminary Theoretical Exploration of “Proportionate Joint Liability” for Intermediary Agencies in the Era of the New Judicial Interpretation on Securities Misrepresentation, April 2022, published on DHH Law Firm's WeChat public account and website.
- Theoretical and Practical Analysis of Disclosure Date Determination under the Old and New Judicial Interpretations on Securities Misrepresentation, March 2022, published on DHH Law Firm's WeChat public account and website.