Guanao secures successful outcome for a high-tech enterprise in HKIAC arbitration

Recently, Guanao successfully represented a high-tech company (the "Claimant") in an arbitration case administered by the Hong Kong International Arbitration Centre (HKIAC), securing a complete victory with a favorable arbitral award.

In this case, the Claimant was a high-tech enterprise incorporated in China, while the Respondent was an entity established in a country along the Belt and Road Initiative (BRI).  The dispute arose from a contract for oil well exploration design services. The arbitral tribunal comprised three seasoned arbitrators from Asia and Africa.  Guantao acted for the Claimant.  The language of the arbitration was English.

This case represents a quintessential cross-border engineering dispute.  Beyond involving multiple jurisdictions including the Chinese mainland, Hong Kong, and Ethiopia, the proceedings also entailed complex issues concerning the interpretation of international engineering contract terms and determination of performance standards.  Through the collaborative efforts of Guantao cross-border dispute resolution team and the Claimant, the arbitral tribunal granted 100% of the Claimant's requested relief, encompassing: contractual costs, pre-award interest, attorneys fees, arbitration costs, and post-award interest.  

Guantao team was led by Shen Peng, partner at Guantao Beijing office and director of Guantao International Arbitration Research Center, assisted by Guantao Beijing partner Ni Min and legal assistant Zhang Chuyao.  Substantial support was provided by Guantao Hong Kong office.  The Claimant highly commended Guantao's performance in this arbitration.  

In recent years, Guantao cross-border dispute resolution team has successfully handled numerous high-stakes cross-border arbitrations and litigations.  Through representations before institutions including HKIAC and ICC, as well as foreign courts, the team has consistently secured favorable outcomes for Chinese enterprises. Leveraging profound insights into Chinese and foreign legal systems, precise understanding of Chinese businesses' commercial needs, and a proven track record in resolving complex cross-border disputes, Guantao delivers comprehensive lifecycle legal services—from risk prevention/control to dispute resolution—for China's enterprises going abroad.

NOTE: All information disclosed herein complies with the provisions of the Hong Kong Arbitration Ordinance and the Arbitration Rules of the HKIAC.

Shen Peng, Guantao partner and director of Guantao International Arbitration Research Center.‌  With extensive experience leading high-stakes complex commercial litigations, cross-border arbitrations, and compliance matters, Shen Peng possesses particular expertise in handling multi-jurisdictional cases involving parallel legal proceedings.  Over the past decade, he has led or participated in over 100 commercial dispute cases, representing clients in matters with an aggregate value exceeding RMB 12 billion.  Mr. Shen was consecutively recognized as a "Next Generation Lawyer" for Litigation in the Asia-Pacific region by The Legal 500 in both 2017 and 2018.

Shen Peng is admitted to practice law in China and the New York State, USA.‌  He also serves as a mediator at the Beijing Association for Alternative Dispute Resolution, an arbitrator for multiple arbitration institutions, and an adjunct researcher at the China University of Political Science and Law Arbitration Institute.  Shen Peng has lectured on international arbitration at several prestigious universities in China.  Over the past decade, he has contributed numerous articles to leading international legal publications, predominantly addressing international arbitration, cross-border litigation, and domestic civil-commercial litigation.

Email: peng.shen@guantao.com

Ni Min, Guantao partner, possesses extensive expertise in corporate legal matters, providing legal services for A-share listings and refinancing transactions.  With a proven track record, he has handled over a hundred large-scale M&A deals, joint ventures, and financing projects, advised on nearly one hundred PPP project investments, and resolved hundreds of complex litigation and arbitration disputes.  Mr. Ni specializes in cross-border M&A, private equity financing, foreign joint ventures, PPP project investment, corporate compliance & risk management, as well as construction, energy, and environmental dispute resolution.

Email: nimin@guantao.com

Zhang Chuyao, Guantao legal assistant and deputy secretary-general of Guantao International Investment Practice Committee.‌ Her primary practice focuses on international arbitration, domestic civil-commercial litigation, and compliance.

Email: zcy@guantao.com