The JurArs team has cultivated deep expertise in dispute resolution over years and has been consistently recognized by leading international ranking agencies, including The Legal 500 and LEGALBAND. In addition to substantial theoretical and practical experience, several team members previously served in judicial authorities, enabling the team to provide clients with fully integrated services across the entire dispute-resolution spectrum — litigation, arbitration, mediation and settlement, as well as recognition and enforcement of judgments and awards — particularly in high-stakes, complex commercial disputes.

 

In litigation, the team appears before courts at all levels across China, handling first-instance, second-instance, retrial, remand, and enforcement proceedings, often securing results far exceeding client expectations. Notably, one of the team’s Supreme People’s Court (‘SPC’) retrial cases was published in Trial Supervision and Guidance and included in the SPC’s official case database.

 

In arbitration, the team represents clients in both domestic and international commercial arbitration. The team has extensive experience before major institutions such as the China International Economic and Trade Arbitration Commission (‘CIETAC’), the Beijing Arbitration Commission / Beijing International Arbitration Center (‘BAC/BIAC’), and the Shenzhen Court of International Arbitration (‘SCIA’). Several team members have also produced influential research in areas such as arbitration judicial review and construction arbitration.

NOTABLE MATTERS

◆Initiating retrial before the Supreme People’s Court and securing a full reversal in a landmark construction dispute

This case arose from a construction contract dispute involving a real estate company, with an amount in controversy exceeding CNY 900 million. Due to long-term suspension of works, the parties became deadlocked, and the case involved complex issues such as the validity of the contract, conditions for termination, and the doctrine of change of circumstances. Before our team member became involved, the case had gone through first instance before the Liaoning High People’s Court and second instance before the Supreme People’s Court, with all of the client’s claims dismissed.

After taking over the matter, our team member promptly identified errors in the second-instance judgment and successfully petitioned the Supreme People’s Court to accept the case for retrial. During the retrial, drawing on the particular facts of the case, the team advanced multiple lines of argument, including contract invalidity and several independent grounds for termination. The court ultimately applied Article 580 of the Civil Code in an innovative manner and held that the contractual relationship should be terminated, thereby fully achieving the client’s litigation objectives.

In view of its precedential significance, the case was later prominently featured in Trial Supervision and Guidance issued by the Trial Supervision Tribunal of the Supreme People’s Court and was included as a reference case in the official case database of the people’s courts.

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REPRESENTATIVE MATTERS — LITIGATION

Litigation Matters — Supreme People’s Court

◆Represented a real estate development company in retrial proceedings before the Supreme People’s Court in a construction contract dispute against a large group. The team successfully petitioned the Supreme People’s Court to accept the case for retrial and ultimately secured a full victory: the Supreme People’s Court set aside its own second-instance judgment and reinstated the first-instance judgment of the provincial high court. The amount in dispute exceeded CNY 900 million. 【Case Number:（2022）最高法民申523号、（2023）最高法民再222号】

◆Represented a heavy-industry pipeline company in second retrial and retrial proceedings before the Supreme People’s Court in a processing contract dispute against a heavy-industry group. After the Supreme People’s Court remanded the case for a new trial, the team secured a victory at the retrial and successfully defeated the counterparty’s subsequent retrial application. This brought an end to a dispute that had lasted 13 years since 2010 and helped the client recover losses of more than CNY 80 million. 【Case Number:（2022）最高法民终249号、（2023）最高法民申182号】

◆Represented a real estate development company in a construction contract dispute arising from the demolition and reconstruction of resettlement housing, in retrial proceedings before the Supreme People’s Court. The team achieved a significant reduction of the client’s payment obligations — a decrease of more than CNY 13 million — and a reduction of damages by approximately CNY 160 million, effectively mitigating the client’s losses. 【Case Number:（2022）最高法民再283号】

◆Represented a subsidiary of a central state-owned enterprise in retrial proceedings before the Fourth Circuit Court of the Supreme People’s Court in a sales contract dispute involving multiple counterparties. The team secured a favorable result with the dismissal of the opposing party’s retrial application. 【Case Number:（2019）最高法民申5558号】

◆Represented a steel-processing company in retrial proceedings before the Supreme People’s Court in a sales contract dispute with a technology company, obtaining a victory through the dismissal of the counterparty’s retrial application. 【Case Number:（2019）最高法民申4245号】

 

Litigation Matters — Provincial High People’s Court

◆Represented a real estate development company in first-instance retrial and second-instance retrial proceedings before Liaoning High People’s Court in a construction contract dispute against a large group. After the Supreme People’s Court remanded the case, the team assisted the client in achieving a reduction of over CNY 600 million in retrial of the first-instance, fully meeting the client’s expectations. The matter is currently pending in the second-instance retrial. 【Case Number:（2022）辽民初1号】

◆Represented a branch of a state-owned insurance company in a creditor’s subrogation dispute against a bank sub-branch before Fuzhou Intermediate People’s Court and Fujian High People’s Court. The team secured a full victory at first instance, which was upheld on appeal. 【Case Number:（2021）闽01民初2102号、(2022)闽民终1903号】

◆Represented two industrial companies in an appeal before Hainan High People’s Court concerning a loan contract dispute with a commercial bank branch. The team obtained a favorable outcome when the opposing party withdrew its appeal. 【Case Number:（2020）琼民终144号】

◆Represented a property development company in a retrial concerning shareholder qualification, following Hebei High People’s Court’s decision to accept the counterparty’s retrial application. The team ultimately secured a final judgment maintaining the original ruling.【Case Number:（2019）冀民再88号】

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REPRESENTATIVE MATTERS — ARBITRATION

Arbitration Matters — Foreign-related or Cross-border

◆CIETAC – Represented a power company under a central state-owned enterprise in an EPC contract dispute arising from a project in Zambia. The case involved complex issues such as injunctions against calling performance guarantees, claims for losses under guarantees, and ‘back-to-back’ clause. The team secured awards in favor of the client exceeding CNY 300 million and defeated all counterclaims (valued at over CNY 120 million). Owing to effective pre-arbitration asset preservation measures, the opposing party voluntarily paid the full award within 30 days.

◆CIETAC – Represented a construction group under a central state-owned enterprise in a construction contract dispute with a Hong Kong company concerning a project in Mozambique. The matter involved complex issues relating to the settlement of payments for overseas construction works. The team successfully obtained nearly CNY 200 million in outstanding payments and damages for the client.

◆CIETAC – Represented the import and export company of a major construction-machinery group in an international sales contract dispute with a Turkish company involving loaders, excavators, and other heavy machinery. The tribunal ruled fully in favor of the client, ordering the counterparty to pay the contract price, thereby helping the client recover more than USD 12 million (over CNY 80 million).

◆SCIA – Represented a BVI company in an equity-transfer dispute against an investment company. Procedurally, the team initiated an application to confirm the non-existence of an arbitration agreement, which became the first case accepted by the First International Commercial Court of the Supreme People’s Court, securing valuable time and strategic advantage for the client. Through procedural challenges, the team compelled the opposing party to withdraw four arbitration applications, eliminating multiple direct-liability risks. Substantively, the team obtained key evidence from the Beijing Equity Exchange and persuaded the tribunal that no contract had been formed. The client ultimately avoided losses of approximately CNY 353 million.

◆BAC – Represented a multinational biotechnology company in an insurance-contract dispute involving a well-known Chinese insurance institution, with the amount in dispute approaching USD 1 million. The team conducted a detailed analysis of specialized insurance-law issues and coordinated with U.S. counsel to produce expert opinions on U.S. federal bankruptcy law. The tribunal dismissed all claims brought against the client, enabling recovery of more than CNY 35 million in losses.

Arbitration Matters — Domestic

◆CIETAC – Represented a real estate group in an arbitration involving a dispute over the transfer of equity and assets in major real estate projects. The case concerns the transfer of land-use rights and interests in construction-in-progress located in prime districts of Beijing and Shanghai. The disputed transaction consideration is approximately CNY 739 million, while the underlying potential exposure exceeds several billions. The team challenged the consolidation of arbitrations, provided a systematic interpretation of key contractual provisions, and conducted a comprehensive review of invoices totaling several billions of CNY to demonstrate that the counterparty’s claimed conditions for compensation were not met. The case is ongoing.

◆BAC – Represented a research institute under a central state-owned enterprise in an arbitration concerning a state-owned equity-transfer dispute with two Zhejiang companies. Despite the absence of a formally executed written transfer agreement, the team successfully established the formation and performance of the contract. Nearly all of the client’s claims were upheld, resulting in the recovery of more than CNY 150 million in equity-transfer payments, and the team further assisted the client in completing enforcement.

◆BAC – Represented a PE manager in a series of investor-claim arbitrations. In this matter, the fund manager’s legal representative and key personnel became unreachable due to criminal investigations, leaving the manager unable to assume liability. As a result, multiple investors filed claims in 16 interconnected arbitrations, with a total amount in dispute exceeding CNY 37 million. Despite unfavorable judicial trends in similar cases, the team provided a compelling explanation of the client’s actions and precisely identified deficiencies in the legal basis of the claimants’ requests. All claims were dismissed, achieving a complete release of liability — an outcome rarely seen in comparable cases.

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REPRESENTATIVE MATTERS — MEDIATION & SETTLEMENT

Mediation & Settlement Matters

◆Assisted a Swiss company in resolving a collection-related dispute with a state-owned bank involving more than CNY 8 billion. The team successfully facilitated the execution of a settlement agreement, and the client received full payment under the settlement.

◆Assisted a company in resolving a dispute with a wholly foreign-owned enterprise arising from equipment malfunction. The case involved issues relating to equipment defects, causation analysis, the potential impact of expert appraisal, and the assessment of losses resulting from the malfunction. The team supported the client throughout negotiations, amendment of the settlement agreement, evidence collection, on-site notarization, and arbitration preparation, ultimately securing a settlement that maximized the client’s interests.

◆Represented a new energy company in an arbitration before CIETAC involving a project-contract dispute with an installation company and an energy company. The team assisted the client in reaching a settlement that successfully resolved the dispute.

◆Represented a new energy subsidiary of a central state-owned enterprise in an arbitration before the BAC concerning an EPC dispute in a photovoltaic and wind power project, involving issues of construction quality, project schedule, and tariff-subsidy policies. The team successfully helped the client resolve the dispute through mediation.

◆Assisted an overseas trading company in an arbitration before CIETAC involving a sales contract dispute with a university and an overseas instrument manufacturer. The matter concerned defects and testing issues relating to a mass spectrometer. The team guided the client to resolve the dispute through mediation.

◆Represented a fund management company in a CIETAC arbitration involving a bond pledge-repo agreement dispute valued at CNY 80 million. The team successfully preserved approximately CNY 62 million of the counterparty’s assets and helped the client resolve the matter through mediation.

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