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守信如金, 为业载道

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守信如金, 为业载道

Cui Haiyan(Kathy)

Cui Haiyan (Kathy)  Senior Partner

Position:

Deputy Director of Zhejiang Brighteous Law Firm and Head of International Trade and Investment Group
Council member of Zhejiang Lawyers Association
Deputy Director of Int’l Business and Maritime Committee of Zhejiang Lawyers Association
Director of Int’l Business Law Committee of Hangzhou Lawyers Association
Arbitrator of Hangzhou Arbitration Commission
Standing member of Legal Committee of Zhejiang Provincial International Chamber of Commerce
Member of Hangzhou Panel of Counselors for Overseas Chinese Invested Enterprises

Specialty:
Cross-border Investment and M&A, International Trade, International Arbitration, etc.

Education:
LLB on International Economic Law of Fudan University
LLM on Economic Law of Zhejiang University

Honors:
“Outstanding debater” of Hangzhou City, “Best professional knowledge award” and “Collective first prize of Zhejiang Province” in the National TV Debating Competition of Lawyers
“New Star award” of Hangzhou Lawyers in 2004
“Award of Outstanding Contribution to Zhejiang Lawyers Career” in 2007
“Award of Outstanding Female Lawyers of Hangzhou City” in 2009
“Award of Outstanding Young Lawyers of Zhejiang Province” in 2009

Experience:
Lawyer Cui participated in the Chinese lawyer training program held by the Ministry of Justice of China and the Lord Chancellor’s Office in the UK between 2001 and 2002, during which she studied the UK legal systems and the commercial law in SOAS, University of London and worked in Hammond Suddards Edge and its Hongkong office.
From July to December 2006, Lawyer Cui participated in the Anti-dumping Investigation and Litigation Training Program held by the Zhejiang Provincial Government in Washington D.C. as the group leader. She studied the WTO and US laws and rules on anti-dumping, subsidy countervailing, safeguard, the Section 337 investigation, etc. Lawyer Cui continued to work for over 3 months in one of the top 10 law firms of Washington D.C., Wiley Rein & Fielding LLP.
Lawyer Cui has been practicing for over 10 years, and provides services for clients from the UK, the USA, the Netherlands, France, Switzerland, Japan, Singapore, Hong Kong and Taiwan, etc. She is the legal counselor for a large number of multinationals, FIEs, Chinese representative offices of foreign companies, import & export companies, and foreign economic and trade administrative bureau of provincial level. She has dealt with various foreign investment projects, international M&A projects, and represented in hundreds of influential civil & commercial cases of international trade, foreign-related IPRs, etc.
Lawyer Cui maintains long-term good cooperation relationships and communication with dozens of law firms and lawyers both in China and other countries or regions. She is a well-known foreign-related lawyer in the profession.
Training Programs for Chinese Leading lawyers in foreign legal service, organized by Chinese Lawyers’Association. The curricula include Merger & Acquisition Taining Session (Beijing), and the 6-week oversea study in Garrigues Law Firm (Spain)

 

Work Experience:
Main Clients:
Government Organization:
Department of Commerce of Zhejiang Province,
Tourism Bureau of Zhejiang Province,
Bureau of Press and Publication of Zhejiang Province,
Haining Commerce Bureau,etc.
Overseas Enterprise:
Eramet-Comilog Group(France), Empire Level Mfg Corp.(USA),
Wessco International(USA), Storch Holding Group(Germany),
Sinotre Group(Italy), Christy Corp.(UK), New Nanyang Group (Singapore),etc.
Domestic Enterprise:
Yum (China) Investment Company Limited, KFC Hangzhou Limited,
Zhejiang native produce and Animal By-Products Import and Export Co., Ltd.,  Zhejiang Materials Industry International Co., Ltd, Zhejiang Hailiang Co., Ltd.,
Hangzhou West Lake Real Estate Group Co., Ltd.,
Hangzhou Energy Environmental Engineering Co., Ltd.,etc.

International Investment and M&A:
Overall services for a US company in establishing an equity joint venture in Mongolia till the issuance of the business license in January 2005
Providing legal services for a French company in the establishment of a Sino-foreign equity joint venture in Guangxi Province
Representing a French multinational in negotiating with the local government on the early termination and dissolution of an equity joint venture and drafting legal documents in both Chinese and English
Providing comprehensive services for a US company in its propesed acquisition of state-owned shares of a state-owned enterprise in Mongolia
Providing comprehensive services for the setting up of a joint venture of a domestic tea company and a well-known Germany tea group

 

International Trade:
Presenting a Japanese corporation in an international trade case against a textile group company in Zhejiang
Presenting an Italian corporation in an international trade case against an import and export corp. in Jiangsu
Representing a Ningbo I/E company in the CIETAC arbitration of international sale of goods dispute againt a USA company
Providing legal opinions for a Swiss company on an international trade dispute involving the bill of lading
Addressing lawyer’s letter to a Korean bank for dishonoring the letter of credit on behalf of a domestic bank
Perennial legal adviser for a number of large-scale import and export corp.

International Arbitration:
Representing a Hangzhou hotel company in a franchise dispute against the oversea franchisor, participating in the international arbitration proceedings in the London Court of International Arbitration filed by the franchisor against the Hangzhou hotel company
Advising for a I/E company on the case of international arbitration in Singapore filed by its oversea customer with the arbitration rules of international chamber of commerce applied

International Non-litigation:
Representing a well-known domestic software company in the negotiation with Nokia, and reviewing the contracts
Representing a Chinese company in the negotiations with a famous international hotel management group on management contracts and reviewing the contracts
Reviewing contracts and providing legal opinions for clients from UK, the Netherlands,etc. regarding cooperation projects in China

Disputes resolution:
Representing a Chinese import & export company in a case involving more than RMB100 million
Assisting a Hongkong company in the transfer of shares in a Sino-foreign equity joint venture
Resenting a tape producing company against a Japanese tape producing company in an unfair competition caseor
Successfully settling a joint venture dispute between a Ningbo real estate company and the Portugal invest
Representing a franchise dispute between a Hangzhou hotel Co., Ltd. and its overseas franchisor

Theses:  
“Preliminary study on the improvement of shareholder rights in the company law legislation of China”
“Preliminary study on the improvement of patent rights protection under the new patent law”
“A comparative study of the principles of burden of proof and litigation characteristics of product liability”
“Record of an enforcement case relating to international leasing guarantee involving JPY 1.6 billion” in Chinese Lawyer (10), 2003
“Analysis on Liquidation of Foreign Invested Enterprises” winning Excellent Thesis Award in Seventh Civil and Commercial Law Practice Forum
“The concrete application of indirect evidence and legal compensation method in trademark infringement litigation” winning the second prize of the theory and practice paper rating organized by Hangzhou Lawyers Association in 2006
“Anti-dumping investigations and coping strategies” winning the third prize of the theory and practice paper rating organized by Hangzhou Lawyers Association in 2007
“Current Report on Zhejiang enterprises’ overseas investment”(the first author) winning Excellent Thesis Award in the practice area in “the Second International Economic and Trade Research Achievement Award of Zhejiang” in 2010

 

Contact Details: 

Tel:0086-571-87007129
Fax:0086-571-87006661
Mobile:0086-13605816499
E-Mail:chy@zjblf.com

Zhejiang Overseas Investment Legal Center:  www.zhejianglegal.com