Tobey YANG Partner

Email: yangtongmei@anjielaw.com

Tel: +86 21 2415 1604

Fax: +86 21 2422 4800

Language: Chinese,English

Practice Areas: Dispute Resolution, General Corporate and Commercial, Labor & Employment

Industries: Bank & Finance

Office: SHANGHAI

Resume
Vcard
Personal Profile
Representative Cases
Publications
Working Experience
Education Background
Qualifications

Ms. Tongmei (Tobey) Yang has been dedicated in dispute resolution legal services for a very long time. She has gained expertise in handling cases over cross-border matters, investment and financing, asset management, company and equity, labor and employment, and civil and criminal cross cases. In particular, Ms. Yang has been focusing on foreign-related dispute resolution legal services in her career. She has developed extensive experience in representing clients before courts and arbitral institutions across the country. Certain cases represented by Ms. Yang in the fields of cross-border disputes and finance and asset management, among others, have become typical ones, which caused widespread influence.  

Ms. Yang has also advised clients in many non-litigation practices, including but not limited to investment, merger and acquisition, compliance and anti-corruption, labor and employment, intellectual property and general corporate, which enables her to develop an extremely detail-oriented style, and also a comprehensive and deep insight when settling commercial disputes. At the meantime, her abundant litigation experience also helps her to cultivate a strong dispute-preventing mindset when dealing with non-litigation cases.

The clients served by Ms. Yang include many well-known multinational enterprises, large state-owned enterprises and private enterprises, spreading over all industries like finance, manufacturing, trade, food, clothing and accessories, chemical, material technology, media and advertising.


Representative Cases

Dispute Resolution Cases re Cross-border Matters

  • Advised a well-known NYSE-listed U.S. asset management company in an arbitration case before HKIAC against a PRC listed company re disputes over share transfer of a Hong Kong listed company with a target amount of more than HK $70 million, and successfully assisted the client to obtain a favorable arbitral award;
  • Advised a well-known multinational paper group in handling a series of disputes arising from land expropriation of a JV invested by the client, including dealing with disputes over contractual operation of the JV and cancellation of board resolutions, with a total target amount exceeding RMB 100 million; and assisted the client in several rounds of negotiations with the government and Chinese partner to finally reach a settlement;  
  • Represented a well-known company in Panama in the re-trial court proceeding before Zhejiang High Court re disputes over unjust enrichment; assisted the client to reach a final settlement with the counterparty and successfully recovered the client’s losses;
  • Represented a pre-IPO company in two arbitration cases before SHIAC against its Ecuadorian supplier for breach of cross-border trade contracts and obtained full support of the claiming amounts of near RMB 40 million; and advised the client re the matters of recognition and enforcement in Ecuador;
  • Represented a well-known South Korean clothing group against a Hong Kong-listed company in a litigation re disputes over distribution contract caused due to impact of the Covid-19 pandemic with a subject amount around RMB 30 million, and successfully reached a settlement with the counterparty; 
  • Represented a well-known Hong Kong insurance company in a lawsuit in Shenzhen, involving complex foreign-related jurisdiction and Hong Kong law ascertainment issues, and successfully obtained a favorable judgment for the client;
  • Assisted a UAE company for recognition and enforcement of a UAE court judgment re disputes over entrusted contract and loan agreement in a PRC court;
  • Represented a well-known Singapore company in a litigation re disputes over unjust enrichment, involving complex facts and legal issues in jurisdictions of Hong Kong, Singapore and Portugal;
  • Provided legal opinions to a Singapore bank on litigation, recognition and enforcement of Singapore court judgments in the PRC on loan agreements against Chinese individuals;
  • Advised the Hong Kong branch of a large joint-stock bank on legal issues including parallel litigation, recognition and enforcement, and cross-border settlement of disputes arising from an offshore loan agreement;
  • Advised a PRC listed company in several disputes over cross-border trade against its overseas clients in Singapore, Germany and Turkey, and advised the client for initiating court proceedings and applying for recognition and enforcement of PRC court judgments in the corresponding jurisdictions;
  • Represented a world leading Italian company in the field of construction and engineering in several cases in relation to its business and operation in the PRC, including but not limited to disputes over construction and engineering, loan and canteen services;
  • Provided PRC legal opinions to a NYSE-listed electrical and equipment company in a UK court proceeding re disputes over shares transfer arising from its acquisition of a China business;
  • Provided PRC legal opinions to clients in several other cases in arbitral and court proceedings in Singapore and Hong Kong respectively;

Dispute Resolution Cases re Investment, Finance & Asset Management

  • Represented a provincial commercial bank in a litigation case filed by a shareholder re disputes arising from the bank’s capital increase and disposal of toxic assets, of which the subject amount exceeded RMB 500 million. This case was the first one of a series of potential similar cases in the province involving capital increase and disposal of toxic assets of banks, which had a widespread influence and attracted wide attention;
  • Advised an investment company of a large state-owned bank in a dispute over business trust contract with a target value exceeding RMB 1.8 billion, including applying for notarized execution certificates and mandatory enforcement, and assisted the client to successfully reach a settlement;
  • Represented foreign banks in a syndicated loan project in the borrower’s bankruptcy proceeding, and obtained a judgment ascertaining the clients’ bankruptcy claim at around RMB 760 million, while the administrator previously announced the clients’ bankruptcy claim was only RMB 360 million;
  • Represented a well-known trust company in a lawsuit filed by an investor against the trust company and the financing parties collectively, with a subject principal amount of RMB 600 million, and assisted the client to successfully reach a settlement;
  • Represented a well-known trust company in handling a series of litigations re disputes over trust contract filed by a large amount of investors and beneficiaries;
  • Represented a well-known real estate investment company in handling several debt recovery cases, including filing lawsuits and arbitrations, applications for mandatory enforcement and dealing with several objections raised by third parties, with a total subject amount of hundreds of millions RMB;
  • Provided a full range of legal services to a well-known insurance asset management company re disputes over investment and guarantee against the borrower and the guarantor, with a target amount exceeding RMB 300 million;
  • Provided legal services to a well-known trust company in handling various complex enforcement issues, with a target value of nearly RMB 200 million;
  • Represented a well-known foreign-invested bank in a lawsuit re disputes over overseas wealth management business filed by an investor, with an investment amount of RMB 100 million;
  • Represented a well-known private equity fund in several arbitral cases re disputes over re-purchase of shares and anti-dilution, and assisted the client in the negotiation process and successfully reached a settlement with the counterparty;
  • Represented a famous private equity fund in an arbitration re share re-purchase disputes and advised the client in several other dispute resolution cases;

Dispute Resolution Cases re Commercial Contracts and Torts

  • Advised the PRC entity of an American listed chemical group in a lawsuit filed by one of its suppliers re disputes over sales contracts and assisted the client to lodge a criminal proceedings, and achieved satisfactory results in both civil and criminal proceedings beyond the client’s expectation, which was widely reported as a typical case by legal media and the local judiciary authorities;
  • Represented a well-known material technology company in a lawsuit against its overseas shareholders, associated companies, directors and senior managements for conducting related transactions and self-dealing businesses and reached a settlement;
  • Represented a PRC entity of a U.S. listed chemical product group in the legal actions against its senior management for breach of fiduciary duties, including initiating compliance investigations, advising on termination of labor contract and initiating civil and criminal proceedings;
  • Represented the PRC entity of a well-known Italian company in manufacture industry in a lawsuit re disputes over sales contract and product quality, and assisted the client to recover the long overdue debt with a sum of more than 14 million RMB in cash within a short time;
  • Represented a large state-owned enterprise in a litigation lodged by its client re termination of a cross-border trade contract due to potential risk of overseas sanctions, and successfully assisted the client to obtain a favorable judgment;  
  • Represented a PRC entity of a well-known U.S. manufacture enterprise in an arbitration case before CITEC re disputes over construction and engineering contract, and successfully assisted the client to recover all the overdue debt in cash;
  • Represented a leading American valve company in a lawsuit re disputes over subrogation initiated by a third party and successfully reached a settlement;
  • Represented a PRC subsidiary of a well-known French company in a lawsuit re disputes over a lease agreement of customized factory with an annual rental around RMB 30 million and assisted the client to reach a settlement with the landlord;
  • Represented a PRC entity of a world well-known enterprise in auto parts manufacture industry in an arbitration before SHIAC on contractual disputes against its Chinese supplier;

IV.  Dispute Resolution Cases re Labor and Employment

  • Advised the PRC entity of a world-known U.S. college entrance exam organizer in the labor arbitration and lawsuit against its former director and general manager;
  • Advised the PRC entity of a world-known English level test organizer in the legal proceedings against its former English employee on termination of labor contract;
  • Advised the PRC entity of a world-known logistic group in the labor arbitration against its former senior management on termination of labor contract;
  • Advised the PRC entities of a multinational corporation in manufacture industry in several labor arbitrations and lawsuits against a few employees (including its former CEO and HR director) respectively;  
  • Provided legal services to a PRC entity of a multinational corporation (as a third party) in an administrative lawsuit initiated by its former senior management;
  • Advised a factoring company in several labor arbitrations against a few employees re disputes arising from closing of the company’s internal business department;

Experience in Non-litigation Services

  • Ms. Yang has also gained abundant experience in non-litigation services, in providing legal services to clients in projects of foreign direct investment, merger and acquisition, distribution and license, compliance and anti-bribery investigations. She also advised clients on other general corporate and commercial matters, including but not limited to providing legal opinions in the areas of food import & export, environmental protection, intellectual property and competition, special equipment, national standards and etc.


Publications

  • “Practical Points on Civil and Commercial Litigations Involving Foreign Entities in the PRC”
  • Analysis on Handling of Contractual Disputes in COVID-19 Epidemic
  • 10 Tips on How International Commercial Court Promotes Dispute Resolution on the ‘Belt and Road’ Initiative
  • “Case Review: A Glimpse on the Potential Legal Liabilities of Companies for Violating ‘Personal Information Security Regulations’”
  • “Brief Analysis on the Trend of Cross-border Dispute Resolution on the ‘Belt and Road’ Initiative from the Perspective of Recognition and Enforcement”, Journal of the Japanese Institute of International Business Law, Chinese, English and Japanese;
  • Brief Analysis on the Impacts to Administrative License Arising from Modifications to the Technical Standards and Technical Specifications”, Wolters Kluwer, Bilingual
  • Editor of the Book “Quick Reference Manual of 300 Key Human Resources Issues” published by Law Press China in August 2019
  • Editor of the Book “Legal Consultant for All Aspects of Human Resources” published by Law Press China in November 2018.


Working Experience

  • AnJie Broad Law Firm Partner


Education Background

  • Ms. Yang received her mater degree in law from School of Law, Tsinghua University, and received her bachelor degree from TongJi University. 


Qualifications

  • Chinese Bar Qualification