Mr. Peng SHEN is a Partner of Guantao Law Firm leading the firm’s International Arbitration Practice. He has over 20 years’ experience as a legal professional. Mr. Shen’s practice focuses on Contract Law, Company Law, commercial litigation, international arbitration and compliance-related investigation. Peng was listed by The Legal 500 as "Next Generation Lawyer" of Asia Pacific in 2017 and 2018. "In Beijing, Peng Shen is a recommended litigation lawyer", The Legal 500 commented. In 2022, Mr. Shen was honored with Best Dispute Resolution Case of the Year by The “LegalOne”, while himself also receiving the Super Excellence rating.

Mr. Shen has extensive experience in leading major and complicated commercial matters and anti-briery investigation matters for both international and Chinese clients. Most of those matters are multi-jurisdiction matters over contractual disputes, commercial fraud claims and real estate disputes.       

Before joining private sector, Mr. Shen had worked at a Court in Beijing for 5 years as a Judge. Mr. Shen was appointed as a Judge by the local People's Congress and at that time he was one of the youngest judges in Beijing. During his time with the court, Mr. Shen also served as the Secretary of the Judicial Committee of the Court for 1 year. As a Judge, Mr. Shen mainly dealt with contract disputes, property disputes and tort disputes. He tried over 400 cases during his time as a Judge. After that, Mr. Shen worked for a reputable international law firm for 9 years.

Mr. Shen acted for clients before the Supreme People’s Court of PRC, the Beijing High People’s Court, the Shanghai High People’s Court, the Guangdong High People’s Court and various courts in different regions of China. 

Mr. Shen is a seasoned litigator, a Chinese law expert and a skilled investigation lawyer. He is a mediator on the panel of the Beijing Mediation Center and an arbitrator of the Beihai International Arbitration Court. He is also a half-time professor of the Arbitration Study Institution of China University of Political Science and Law.

Practice Areas

Cross-broader commercial litigation and arbitration, domestic litigation and arbitration, intellectual property dispute, compliance and anti-bribery investigation.

Representative Clients, Cases or Matters

• Represented a world's top three semiconductor manufacturer in its unfair competition lawsuit against another world's top three semiconductor manufacturer before the Supreme People’s Court of China.  The damages claimed were more than RMB 200 million;

• Advised a UK leading automobile designer and manufacturer in its CIETAC arbitrations against two Chinese dealers. The disputed amount is around 30 million RMB;

• Advised a global public relation company in its FCPA investigation commenced by US MOJ which was connected to PRC top authorities' anti-bribery investigation against CCTV, the China's most powerful and influential media. The investigation lasted for over two years and US MOJ concluded investigation without any further action or punishment;

• Advised a Hangzhou based A-listing company in investigations commenced by US SEC and other US authorities. The investigations were relating to potential civil and criminal liabilities of the Chinese company. The investigation lasted for over one year and US authorities concluded the investigations without any punishment against the Chinese company;

• Represented a US fund in a CIETAC arbitration proceeding against a leading Chinese housing development company, in relation to a dispute over the payment of RMB 310 million under a share purchase agreement.  CIETAC issued an award in favour of the US fund;

• Advised a major China state-owned investment bank for a matter relating to application of principle of state immunity in overseas jurisdictions;

• Advised a California based high-tech company who is one of the top one smart phone providers in its series trademark litigations and AIC investigation proceedings in China. The overall disputed amount was around USD 200 million. The disputes were settled in favour of the California company;

• Advised a leading US automobile manufacturer in its administrative litigation against China's General Administration of Customs before Beijing No. 2 Intermediate Court. The dispute was over customs duties of RMB 300 million. The case was finally settled in favour of the US automobile manufacturer;

• Advised one of the big four accounting firms in the China Securities and Regulatory Commission's investigation regarding the firm’s alleged fraudulent representation in preparing the annual report for an A-share-listed client of the firm;

• Advised a housing development company in its dispute over a construction agreement in the amount of RMB 360 million before the Shanghai No.2 Intermediate Court. The case was settled in favour of the housing development company after a hearing;

• Represented a Hong Kong based client in its action to enforce an ad hoc award made in Hong Kong against a stated-owned enterprise in Shandong Province of China.  The award was successfully enforced within 2 months after the action was filed;

• Represented a leading Chinese land evaluation firm in its debt collecting procedure for amount of RMB 160 million against the largest commercial bank in China before CIETAC;

• Represented a Hong Kong listed company in its post-M&A dispute against a top five household appliance chain-retail company of China before CIETAC. The disputed amount was over 200 million RMB;

• Represented a local government branch of Nanjing City in its arbitration against a real estate company before CIETAC. The matter was concluded in favor of Mr. Shen’s client;

• Represented a French luxury brand in its action against a Chinese company which provided convenience in the sale of infringing products before the Beijing No. 2 Intermediate Court.  This is the first case in China in which the court held that the party which provided convenience for selling infringing products was legally responsible;

• Represented a world-leading telecommunication company against a Chinese company for the collection of more than RMB 150 million outstanding debts in Shanghai, China.

Awards and rankings

• Legal One Merits- Distinguished Award- Deal of the Year 2022 (Dispute Resolution);

• Next Generation Lawyer (Dispute Resolution, China) – Legal 500 Asia Pacific (2017 and 2018);

• Merit Scholarship by Boston University (2008);

• First Class Thesis of Peking University Law School (2005);

• First Class Investigation and Research Report of the Beijing Higher People's Court (2002).

Publications and articles

• "An Overview of the New Judicial Interpretation on the PRC Administrative Procedure Law and Practical Tips to Foreign Investors", China Law & Practice, May 2018;

• "China Tightens its Rules Regulating Internet News Information Providers", Bloomberg BNA, July 2017;

•  "The SPC Enhances Protection in Fraud Litigation", China Law & Practice, Feb 2017;

•  "Improper Service Poses Risk for Enforcement of Awards" China Business Law Journal, August 2016;

• "Has SPC Finally Resolved CIETAC Sub-Commission Controversy?", China Business Law Journal, August 2016 and Global Arbitration Review, August 2016;

•  "Application of State Immunity in Foreign Jurisdictions for Chinese Entities", speech for China Export & Credit Insurance Corporation, July 2016;

• "How to Beat Fraud Claims in China", China Law & Practice, July 2014;

•  "Dispute Resolution in China", 2012;

•  "Reform on the Pre-Hearing Evidence Disclosure", Beijing Trial, 2002 (awarded the First Class Prize by the Beijing High Court);

•  "Several Issues of Judicial Assistance", Beijing Trial, 2002.

Qualification

• Mr. Shen is admitted in PRC and New York

• Mr. Shen is a member of the International Bar Association

Professional Affiliations

• Mr. Shen is an arbitrator on the panel of several arbitration institutions including Tianjin Arbitration Commission, Zhengzhou Arbitration Commission, Luoyang Arbitration Commission, Shaoxing Arbitration Commission and the Beihai International Arbitration Court

• Mr. Shen is a mediator of the Beijing Mediation Centre and the Beijing Internet Court

• Mr. Shen is a half-time professor of the Arbitration Study Institution of China University of Political Science and Law

Education

• China University of Political Science and Law (LL.B.)

• Beijing University Law Scholl (LL.M.)

• Boston University Law Scholl (LL.M.)

Languages

English and Mandarin.