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Professionals

XIE,KevinPartner

Tel:
+86 10 8567 5935
Fax:
+86 10 8567 5999
Email:
xiexiaoyong@anjielaw.com
Expertise:
Commercial litigation and arbitration, Financial Disputes, Intellectual Properties, Corporate Governance and Compliance
Information
    • Professional Experience

      Partner, AnJie Law Firm

    • Language:

      Mandarin Chinese / English

    • Education Background

      LLM, China University of Political Science and Law, International Economic Law

      Bachelor of Economics, Beijing Second Foreign Language Institute, International Economics and Trade

    • Bar Admissions

      Chinese Bar Qualification

    • Professional Affiliations

      Director, Beijing International Economic Law Committee

Work Highlights

Kevin has represented a number of foreign-funded enterprises, Sino-foreign joint ventures, state-owned enterprises, government agencies, and private enterprises in a large number of commercial litigation and arbitration, financial disputes, and intellectual property affairs. His practice areas include equipment trading, software technology services, and consulting services, limited partnership funds, entrusted loans, financing transactions, equity transfers, equity buybacks, infringement of corporate investor rights, return of company licenses, drug operation rights, reputation rights, additional enforcers, recognition and enforcement of arbitral awards, and violation of trade secrets, patent ownership, patent infringement, etc.
 

Commercial litigation

·  Represented a wind power equipment company, filed second instance on equipment quality contract disputes, and the Supreme People’s Court remanded the case for a retrial.

·  Represented a pharmaceutical company in respect of the five disputes over the contract of drug operation rights and filed for retrial in the Supreme People’s Court.

·  Represented a branch of Agricultural Bank of China and filed for retrial in the Supreme People’s Court over a loan dispute.

·  Represented a Hong Kong-owned housing company in a complex case of nullifying a contract of share transfer.

·  Represented a foreign-funded enterprise in a series of technical service contract disputes with a state-owned enterprise. The sum in the disputes exceeded RMB 100 million.

·  Provided acquirer with consulting services and analysis of litigation strategy in the disputes arising from acquisition of shares and assets. The sum of the disputes exceeded RMB 700 million.

·  In a dispute arising from the transfer of equity of a coal mine, initiated a lawsuit against a large energy company.

·  Represented a world’s leading business strategy consulting firm and filed suit for disputes over consulting service contracts.

·  Represented a state-owned steel company in a dispute over an equity transfer contract filed by a Finnish citizen.

·  Represented a U.S. citizen to a court in Chaoyang in a dispute regarding the reimbursement of a company license.

·  Represented a foreign-funded company in a lawsuit against a dealer infringing on the company’s reputation. Courts ruled in favor of the company in both the first and second instances.

·  Represented a famous financial services company to file a lawsuit over an asset management disputes. Court ruled in favor of the company.

·  Represented Air Canada in a dispute over a contract of carriage lodged by a Chinese passenger.

·  Represented a South Korean company in filing litigation in connection with disputes over the international trade of goods and obtained favorable results.

·  Represented a famous cosmetics company and responded to a dispute over the infringement upon the rights and benefits of corporate investors.
 

Commercial Arbitration

·  Filed a petition of retrial at Hebei High Court for having a GAFTA arbitral award not to be recognized and enforced.

·  Represented a foreign-funded company in CIETAC arbitration in disputes over equipment purchases and sales contracts.

·  Represented a South Korean electronic equipment company in CIETAC arbitration in a dispute arising from a corporate advisory management affiliated transaction contract.

·  Represented a new energy automobile company in BAC arbitration for a dispute arising from a procurement contract.

·  Represented a Japanese-funded company in BAC and CIETAC arbitration for the dispute arising from a steel production equipment sales contract.

·  Represented a Taiwan citizen in BAC arbitration

·  Represented a well-known financial service company in BAC arbitration for a dispute arising from a bank entrusted loan contract and obtained a successful ruling in a subsequent lawsuit for the revocation of arbitral award.

·  Represented a well-known financial services company in BAC arbitration for a disputed arising from a complicated financing transaction and trust loan contract.

·  Represented a Sino-foreign joint venture in BAC and TAC arbitration for a dispute arising from a rental contract of gas stations.
 

Trade Secrets and Patent

·  Represented a Dutch company in a case of infringement of trade secrets and filed a lawsuit in the intermediate people’s court of Tianjin.

·  Represented a foreign-funded company in a dispute over the infringement of patent right ownership related to trade secrets and filed five lawsuits. Obtained favorable rulings in all the five lawsuits.

·  Filed a lawsuit on behalf of a foreign-funded company in a case of infringement of trade secrets by corporate executives and middle-level managers.

·  Represented a foreign-funded company to conduct on-site investigations on relevant companies’ suspected infringement on the company’s trade secrets and obtained evidence from public security bureau, industrial           and  commercial bureaus, safety supervision bureaus, and environmental protection bureaus in many places.

·  Represented a senior executives of a company in Beijing IP Court and Beijing Labor Arbitration Commission against a well-known internet company in a dispute over labor contracts and trade secrets.
 

M&A, Corporate Governance and Compliance

·  Organized several overseas investment projects of CGN Solar Energy Development Co., Ltd., including 2MW rooftop power station in New Jersey, 20MW biomass power generation project in Singapore, 10MW ground       photovoltaic power station in New Jersey, USA, and CGNPC acquiring a hydropower station project in Xinjiang.

·  Represented a state-owned company in its legal project for the acquisition of a Finnish papermaking company.

·  Serving as a legal counsel of a listed company controlled by Tsinghua University.

·  Represented a Hong Kong-owned housing company in a complex case of nullifying a contract of share transfer.


Selected Publications

·  “Avoid Being Added as a Person Subject to Enforcement, What Core Defense a Shareholder of a One-Person Company May Have? Do You Get It?”

·  “The Principle of Representing Complex Commercial Dispute Resolution”

·  “Seven Key to Attorneys Participating in Commercial Disputes and Reconciliation Negotiation”

·  “The Main Contentious Issue and Legal Analysis of Entrusted Loan Contract Disputes”

·  “Standards and Methods for Finding ‘Not Known by the Public’ Element in Trade Secret Cases”

·  “How Do Employers Choose Civil Remedies When Employees Violate Duty of Confidentiality”

·  “Legal Points for Attention When Investing Abroad, China Lawyers”

·  “Suggestions to and the Present Situation of Directors’ Liability Insurance in China, CFO WORLD”

·  ““Compilation of Related Laws and Regulations of Nuclear Power, Law Press, 2009”

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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