Since practicing, Zhang Xin has accumulated rich experience in dispute resolution in the fields of investment and financing, equity, securities and guarantee. He has provided high-quality and efficient legal services for many large real estate companies and financial institutions and governmental organizations, such as Vanke, Longfor Group, Jindi Group, Logan Group, Hongkong Land, China Resources Land, China Resources Assets, Ping An Real Estate, Beijing Trust, Agricultural Bank of China, etc. Zhang Xin has represented several dispute resolution cases to recover losses of more than 10 billion RMB for his clients, and has experience in litigation from the basic court to the Supreme Court and representation in major arbitration institutions, and is well versed in adjudication ideas.
Based on his practical experience in dispute resolution, Zhang Xin has unique insights and rich experience in internal and external corporate governance, risk resolution, dispute resolution among investors, entrepreneurial compliance, risk prevention and response, etc., and is able to formulate personalized risk solutions based on the characteristics of entrepreneurs' operations and wealth.
Practice Areas
Dispute resolution in the areas of investment and financing, equity, securities, guarantees, etc.
Representative Transactions
The Supreme People's Court of P.R.C. cases:
• represented a listed company, Shengtun Mining Co., Ltd. in the case of denial of legal personality, from receiving the case to the trial in less than a week, after full preparation to respond to the lawsuit, successfully exempted from joint and several liabilities, and achieved a favorable result.
• represented Chen Yanbo in the case of the protest of Supreme People’s Procuratorate in the dispute over the right to confirm the house, the case was heard six times by four levels of courts, and was successfully represented by the Supreme Prosecutor's protest to obtain the winning result maintained by the Supreme Court.
• represented Agricultural Bank of China Changsha Kaifu Sub-branch in a criminal savings deposit contract dispute case, found favorable evidence in the criminal file within a very short period of time, and fought for the client to get the minimum percentage of responsibility.
• represented Hunan Provincial Museum in a dispute over a lease contract, successfully obtaining the Supreme Court's rejection of the other party's application for retrial, and safeguarding state-owned assets and transaction security.
• represented Hunan Green Island Pearl Real Estate Development Co., Ltd. in a series of cases of retrial and second instance of the Supreme Court in respect of its objection to the execution, successfully rejecting the other party's application for retrial and safeguarding the development and sale of the project.
• represented Jincheng Rural Commercial Bank in a loan contract dispute in the Supreme Court retrial case, successfully obtaining the winning result of the Supreme Court to change the judgment, effectively guaranteeing the bank to be fully compensated and preventing large business risk exposure in case the effective judgment found that the guarantor was released from the guarantee.
• represented Shenzhen Vanke Development Co., Ltd. and Shenzhen Huanglong Bailu Investment Co., Ltd. in a contractual dispute over joint venture and cooperative real estate development, which was eventually won after the first trial in Guangdong Provincial High Court and the second trial in the Supreme Court, saving billions of yuan of losses for the client.
Financial institutions and financial guarantee cases:
• represented Guosen Securities Co.,Ltd. in an investment dispute over a capital management plan, and reached a settlement with the investors and financiers in the case of a criminal case, thus resolving the financial risks and the risk of mass stabilization.
• represented Agricultural Bank of China Gaoyan Sub-branch in a loan guarantee dispute case, and won the second instance judgment for the client when the first instance judgment ruled that the client had lost the case.
• represented China Resources Asset Management Co., Ltd. in a dispute over liability of shareholders for damaging the interests of creditors, and successfully pursued the joint and several liability of shareholders for the client's claims of more than 20 years ago, when the borrowing company had already been liquidated and written off, and there was no hope for the collection of the financing amount.
• represented China Resources Asset Management Co., Ltd. in an investment exit project in the form of "stock + debt", and successfully preserved the other party's property through the realization of a dispute over a security right, and reached a settlement plan favorable to the client.
• represented Everbright Bank Shenzhen Fortune Sub-branch in a series of financial loan disputes and enforcement cases, promoting court preservation and rapid enforcement to protect the bank's claims.
• represented Ping An Real Estate and a listed real estate company in a series of disputes over the transfer of the right to income from assets, and successfully achieved settlement and capital recovery through various means such as preservation, settlement, and reorganization of claims, providing full-process solutions and support for the comprehensive resolution of debts, and at the same time, striving for the successful verdicts in some of the cases to achieve all the objectives of the client.
• represented a Hong Kong-funded company, Ronghui Clothing (Shenzhen) Co., Ltd. in a dispute over a foreign mortgage contract, successfully discontinuing the case and dismissing the other party's lawsuit.
• represented the investment platform investment withdrawal dispute under the banner of Fancy, the case involved investment in the subject company in the form of capital increase in the form of equity and reached a betting agreement, after the litigation procedures, fully supported the client's repurchase request, to protect the legitimate rights and interests of the client
• represented a financing platform in a transfer dispute case, successfully represented the transferor to realize a winning result through combing platform data, arguing on yin and yang contracts and analyzing the terms and conditions of the price change.
• represented a company in Sanya in a financial loan dispute with Anxin Trust, combing the facts of the case and successfully exempting the client from the obligation to repay the loan to realize a full victory in the case when the financial institution provided complete contract text and transfer information.
Corporate Equity and Commercial Cases:
• represented Yang Ping in a dispute over equity transfer of Zangger Holdings, a listed company, through arguing the background of the transaction, the purpose of the contract and the responsibility of the transferring party, and finally reached a settlement favorable to the client, obtaining the other party to make up for the difference in the payment.
• represented Yang Fengying in an equity transfer dispute, through the pressure of litigation, the other party fully recognized the client's litigation requests, and protected the client's legitimate rights and interests.
• represented Logan Group in an equity transfer dispute, the client had paid RMB 1 billion for the equity transfer, but the counterparty did not cooperate with the client in fulfilling the obligations of land transfer due to the financial crisis, and finally reached a settlement plan favorable to the client by means of litigation and preservation to protect the client's development interests.
• represented China Resources Land in a real estate project financing dispute, and successfully obtained a judgment that the counterparty and the contributor should bear joint and several repayment responsibilities through litigation and arbitration, and also represented a dispute over guarantee liability in arbitration, fully protecting the client's rights and interests.
• represented a shareholder of Shenzhen Investment Holding Co., Ltd. in a series of disputes against the interests of creditors, and successfully remanded for retrial through the procuratorial supervision procedure to protect the client's legitimate rights and interests and state-owned assets when the client had been recognized as jointly and severally liable by an effective decision.
• represented Gemdale Corporation in a dispute over a lease contract, exceeding the client's expectations and achieving a full victory in the case when the client was expected to make compensation concessions.
• represented Carrefour in a dispute over a lease contract, and successfully reduced the client's loss by sorting out the terms of the contract and the facts of fulfillment when the client expected full compensation.
• represented Sanya Municipal People's Government in a dispute over the revocation of land use rights for land resumption, and successfully helped the Municipal Government to obtain a dismissal of the lawsuit by digging out the favorable evidence in the cross-civil case.
• represented a Hong Kong-funded enterprise, Huada Garment (Shenzhen) Co., Ltd. in a contractual dispute with Daqi Holding Group Co., Ltd. and successfully pursued the other party for breach of contract through contractual interpretation, urban renewal nodes and other performance, and retrieved the development project, fully realizing the interests of the client.
• represented Lin Li in the bankruptcy claim confirmation case. After the second trial in Shanghai Higher People's Court, the case was fully successful and the client was guaranteed to enjoy hundreds of millions of dollars of priority claims in the bankruptcy proceedings and all of them were satisfied.
• represented Qingdao Chenfei Food Co., Ltd. in a contractual dispute with Shenzhen Goumi Technology Co., Ltd. and successfully resolved the dispute through litigation and settlement to ensure the client's smooth listing.
• represented Guangdong Zhongsheng Real Estate Co., Ltd. in a dispute over a construction contract, successfully reducing the client's compensation of more than 200 million yuan and protecting the client's legitimate rights and interests.
• represented Chinatex Raw Materials Import & Export Co.,Ltd. in a dispute over recognition of ownership, in the case of losing at the first instance, through the second instance procedures, to reverse the situation unfavorable to the client, to achieve the second-instance victory to change the judgment, to protect the client's property ownership more than 20 years ago.
• represented Shenzhen Bao'an Xinhong Industry Co., Ltd. in a real estate development and operation contract dispute case, and realized the second instance remand and retrial to protect the client's property rights in the case of losing at the first instance.
• represented Shenzhen Tielian Trade Co., Ltd. in a dispute over a contract of entrustment, and reached a settlement favorable to the client through litigation procedures, protecting the client's legitimate rights and interests for more than ten years.
• represented Sanjiu Enterprise Group in a series of ownership disputes, and comprehensively sorted out the historical property relationship in a non-litigation and litigation manner, laying the foundation for the subsequent overall solution.
• represented Shenzhen Huasheng Investment Co., Ltd. in a series of equity transfer disputes, successfully realizing the suspension of execution, guaranteeing the client to carry out favorable negotiations with the other party, and striving for the maximum legitimate rights and interests.
• represented the applicant in the execution of shares of Huachanda Intelligent Equipment Co., Ltd, a listed company, and quickly realized the interests of the applicant by docking with the court and the China Securities Regulatory Commission.
• Represented the applicant in the execution of the former listed company, Shenzhou Great Wall Company Limited, and discovered property clues and completed the preservation and execution when the creditworthiness of the executor deteriorated.
Honors and Rankings
• Emerging Talent of Foreign-related Law in Guangdong Province, China
• Member of Shenzhen Lawyer Association Guarantee Law Committee
Professional Experience
• Guantao Law Firm, Partner (since 2024)
• T&C Law Firm, Partner (2020-2023)
• Tiantong Law Firm, Barrister (2018-2020)
• King & Wood Mallesons Law Firm barrister (2016-2018)
• Zhonglun Law Firm, Associate (2015-2016)
• Shenzhen Customs, Section Officer (2014-2015)
Education
• Southwest University of Political Science & Law, LL.M. , Procedure Law(2011-2014)
• Southwest University of Political Science & Law, LL.B. (2007-2011)
Language Skills
• English, excellent
• Chinese Mandarin, native