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Professionals

DONG,ArthurPartner

Tel:
+86 10 8567 5998
Fax:
+86 10 8567 5999
Email:
dongxiao@anjielaw.com
Expertise:
International Dispute Resolution, International Trade and Investment, Cross Border M&A
Information
    • Professional Experience

      Partner AnJie Law Firm

    • Language

      Mandarin Chinese / English

    • Education Background

      PhD China University of Political Science and Law

      LLM Temple University

      LLB China University of Political Science and Law

    • Bar Admissions

      Chinese Bar Qualification

    • Professional Affiliations

      Arbitrator, CIETAC (China International Economic and Trade Arbitration Commission)
      Arbitrator, CMAC(China Maritime Arbitration Commission)
      Arbitrator, ACAS (The Arbitration Center Across the Straits)
      Arbitrator, BIAC (Beijing International Arbitration Center)
      Arbitrator, SHIAC (Shanghai International Arbitration Center)
      Arbitrator, SCIA (Shenzhen Court of International Arbitration)
      Arbitrator, HKIAC (Hong Kong International Arbitration Centre)
      Arbitrator, SIAC (Singapore International Arbitration Centre)
      Arbitrator, KCAB (Korean Commercial Arbitration Board)
      Arbitrator, THAC(Thailand Arbitration Center)
      Arbitrator, AIAC (Asia International Arbitration Centre)
      Arbitrator, WIPO (World Intellectual Property Organization Arbitration and Mediation Centre)
      Mediator, CCPIT (China Council for the Promotion of International Trade) Mediation Center
      Member, ICC Commission on Arbitration and ADR
      Member, ICC Commission on Commercial Law and Practice
      Adjunct Professor, China University of Political Science and Law
      Research Fellow, Institute of International Arbitration, Law School, Renmin University of China

    • Honors & Awards

       Leading Arbitration Lawyer
       - Chambers & Partners
       Leading Arbitration Lawyer
       -Who’s Who Legal: Arbitration
       Leading Lawyer, Dispute Resolution and Intellectual Property
       - Asialaw
       The Recommended Lawyer, Dispute Resolution
       - Legal 500
       Dispute Resolution Star in Dispute Resolution, International Arbitration and Commercial and Transactions 
       - Benchmark Litigation Asia- Pacific

Work Highlights
Arthur has worked as a PRC lawyer for more than 20 years. He has focused on complex matters of international commercial arbitration and litigation in relation to cross-border transactions. His expertise in dispute resolution covers a wide spectrum, including: international trade, technology transfer and intellectual property protection, cross-border investments, antitrust private litigation and M&A, as well as distribution and franchise disputes. Arthur has been enrolled in the listed Panel of Arbitrators/Mediators of several well-established arbitration institutions. Arthur is a sought after arbitrator among the Asia-Pacific arbitration institutions. 

He has been acting as legal counsel or arbitrator under the CIETAC Rules, BIAC Rules, SHIAC Rules, ICC Rules, UNCITRAL Rules, HKIAC Rules, SIAC Rules, ICDR Rules, etc.

He has also been invited to act as an expert witness on Chinese law in several arbitration and litigation cases outside of China.

International Commercial Arbitration

Arthur has accumulated a wealth of experience in international commercial arbitration. Recent cases whereby he has acted as advocate for the parties in arbitration proceedings include:

  • Representing a renowned Chinese company in three correlated ICC arbitrations;
  • Representing a Chinese home appliance giant in an HKIAC arbitration arising from a patent license agreement with an American hi-tech company;
  • Representing a Chinese state owned company in an HKIAC arbitration arising from a share purchase agreement ;
  • Representing Chinese parties in several SIAC arbitration cases involving the international sales of bulk cargo;
  • Representing Chinese parties in a couple of HKIAC arbitration cases involving cross-border M & A disputes;
  • Representing a Chinese agricultural company in ICC arbitration against a European company for a complicated dispute relating to a NPV (New Plant Variety) and agricultural technology transfer. Achieved a favorable settlement;
  • Representing a Chinese company along with a British law firm in ICC arbitration for an EPC contract dispute against a U.S. conglomerate. The sum in dispute notably exceeded USD 400 million, a record amount in ICC arbitration involving a Chinese party;
  • Representing an enterprise directly controlled by the central government of China in a CIETAC arbitration applying UNCITRAL Rules for a technology consulting agreement dispute against a Panamanian company for an aerospace project. The sum in dispute was almost USD 6 million;
  • Representing a Chinese company in CIETAC arbitration for a technology transfer agreement dispute against a multinational technology company. The sum in dispute exceeded USD 25 million;
  • Representing a NYSE-listed company in a series of equipment purchase contract disputes before CIETAC and the Beijing International Arbitration Centre; 
  • Representing a US insurance company in CIETAC arbitration against a Chinese logistics company. The sum in dispute exceeded USD 1.5 million;
  • Representing a Singapore-based petrochemical company in a CIETAC arbitration against a Chinese state-owned company in a large-stake dispute arising from the international sale of chemical products;
  • Representing a Chinese national trading company in CIETAC arbitration for an industrial equipment sales agreement dispute against a Pakistani company.  The sum in dispute exceeded USD 25 million.

His other experiences in providing commercially astute legal advice for domestic and international clients include:

  • Advising a WOFE, an arm of a Fortune 500 chemical company, in SIAC arbitration for a dispute arising from a distribution agreement with a German company;
  • Advising a Chinese bridge engineering company during its ICDR arbitration against an American equipment importer;
  • Advising a European high-tech company in an arbitration arising from a dispute in an equity joint venture agreement with a Chinese IT company before HKIAC; 
  • Advising five Chinese companies on ICC arbitration cases against an Australian bank for a CER (Certified Emission Reductions) transaction dispute under CDM (UN Clean Development Mechanism);
  • Advising a Chinese state-owned mining company in KLRCA arbitration on a long-term sales agreement dispute in which the local court had granted an injunction;
  • Advising a Japanese company in SIAC arbitration against a Chinese state-owned chemical company for a dispute arising under the equipment sales contract;
  • Advising a Chinese publicly-listed home appliance company in ad-hoc arbitration in India for a distribution agreement dispute.

Arthur has served as counsel in more than 30 cases concerning the recognition and enforcement of arbitral awards in different jurisdictions pursuant to the New York Convention; clients include a number of Fortune 500 Companies.

Foreign Related Commercial Litigation 

His experience of acting as counsel in court trial proceedings includes:

  • Representing a Japanese multi-national enterprise before Chinese court for a high profile private antitrust litigation matter against four Chinese plaintiffs;
  • Representing a world-leading IT Services Company in multiple litigation cases arising from a single technology service dispute against an enterprise directly controlled by the Chinese central government and its subsidiaries. Due to the successful outcome of the first case in a series of disputes consisting of more than 20 cases, Arthur procured a favorable global settlement on the remaining cases. The sum in dispute exceeded RMB 100 million;
  • Helping a European Fortune 500 chemical company win its defamation litigation against a competitor defendant. The client’s corporate and brand reputation was preserved through Arthur’s well-designed litigation strategy.
  • Representing a Fortune 500 chemical manufacturer in several trade secret infringement cases against its former Chinese employees and Chinese competitors by initiating criminal, administrative, and civil procedures. The sum in dispute exceeded RMB 200 million;
  • Retained by the Chinese central government in a copyright infringement, trade secret misappropriation, and unfair competition case in the Central District Court of California against an American software developer. The sum in dispute is USD 2.2 billion;
  • Representing a world-renowned wine producer from France in a trademark cancellation case before the Supreme People's Court of China; 
  • Representing a national sport association in a successful trademark ownership litigation before the Supreme People's Court of China;
  • Representing a famous Chinese software developer in a number of cases arising from software development dispute before Chinese courts; 
  • Representing a global leader in the floor and ceiling manufacturing industry from the United States in a series of successful trademark ownership/infringement cases against its competitors in China.

Selected Publications 

Global Practice Guide on International Arbitration, China Chapter, Chambers, 2019.
Global Guide to Litigation, China Chapter, Legal 500, 2019.
Chinese Court Being more Tolerant with Pathological Arbitration Clause, AsiaLaw, 2019.
Production of Documents in International Arbitration, China Business Law Journal, 2019.
Interim Measures in China Related Arbitration,China Business Law Journal, 2018
Parallel Proceedings: China Litigation to Contest Offshore Arbitration,Thomson Reuters, 2018
Challenges to Arbitral Awards in China, LexisNexis, 2018
Enterprises in China's FTZs Enter 2017 with New Options for Arbitration, Kluwer Arbitration Blog, 2017.
Allocation of Costs in Arbitration a Chinese Perspective, Thomson Reuters, 2017.
Corralling Defaulting Parties and their Unpaid Costs Deposits under the SIAC Rules 2016, Kluwer Arbitration Blog, 2017.
Arbitrability of PPP disputes in China, IBA Newsletter, 2016
Public Policy Defense in the Recognition and Enforcement of Foreign Arbitral Awards (Co-author), Arbitration and Law, 2016.
Chinese Arbitration Law, Co-Editor, LexisNexis, 2015.
Abuse of Process and Regulation in Commercial Arbitration-A Chinese Perspective, Journal of Arbitration Studies, 2015.
Challenging Jurisdiction and Anti-suit Provisions in China’s Arbitration Practice, LexisNexis, 2015.
Supreme People’s Court Further Clarifies the Criteria for Determining the Validity of Foreign Related Arbitration Clauses, China Business Law Journal, 2015. 
Interim Measures in Support of Commercial Arbitration in China, LexisNexis, 2015.
Reflections on HKIAC’s Revised Model Arbitration Clause and Its Impact on Chinese Practice, Kluwer Arbitration Blog, 2014.
Does Supreme People’s Court’s Decision Open the Door for Foreign Arbitration Institutions to Explore the Chinese Market? Kluwer Arbitration Blog, 2014.
Is an Infringement Claim within the Scope of Arbitration Clause under Laws of PRC? (Co-author), Kluwer Arbitration Blog, 2014.
Significant Changes Proposed in Beijing Arbitration Commission’s (‘BAC’) New Rules, LexisNexis, 2014.
Ten Highlights of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules, LexisNexis, 2014.
U.S. Court Upholds the Finality and Enforceability of an Award Rendered by Emergency Arbitrator, LexisNexis, 2014.
China Supreme People’s Court Holds That a Dispute Must Meet “Foreign-Related” Requirement for Arbitration at Foreign Arbitration Forums, LexisNexis, 2013.
Recognition and Enforcement of Foreign Arbitration Awards in China, China Business Law Journal, 2013.
Basic Research on the Competence - Competence Rule, Forum on Arbitration and Judicial Review, 2013.
Case Study on State Immunity Doctrine, Seminar of Chinese Society of International Law, 2012.
Legal Points for Attention When Investing Abroad (Co-author), China Lawyers, 2012.
A Study on the Exchange of Traffic Rights, IP Press, 2010.
Legal Research on the Network Banking System (Co-author), IP Press, 2009.
The Conflict Between the Dispute Resolution Clause Contained in Bilateral Investment Treaty and Concession Contract and Its Solution, Arbitration and Law, 2008.
Study on Substantial Ownership and Effective Control Clause in Bilateral Aviation Agreement (Co-author), China Lawyers, 2008.
On Diplomatic Protection of Outbound Chinese Investment (Co-author), Hebei Law Science, 2007.
The Conditions to Carry out Diplomatic Protection on Multi-national Companies, Tribune of Social Sciences, 2007.
Denial of Justice and State Responsibility, China Lawyers, 2007.
To Become BIT Experts in Outbound Investment, China Enterprise News, 2007.

Beijing Office

19/F, Tower D1, Liangmaqiao Diplomatic Office Building, No. 19 Dongfangdonglu, Chaoyang District, Beijing 100600

Tel:+86 10 8567 5988

Fax:+86 10 8567 5999

Shanghai Office

28/F, K.Wah Center,
No. 1010 Huaihai Road (M), Shanghai 200031

 

Tel:+86 21 2422 4888

Fax:+86 21 2422 4800

Shenzhen Office

38/F, Tower 3, Kerry Plaza,
No. 1-1 Zhongxinsi Road, Futian District, Shenzhen 518041

Tel:+86 755 8285 0609

Fax:+86 755 8285 0605

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