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Lei Liu

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Profile

Lei Liu is a highly regarded litigator and international arbitration specialist with 16 years of experience resolving cross-border commercial disputes. Based in Mudanjiang, a key border city in southeastern Heilongjiang, Mr. Liu represents foreign companies and Chinese enterprises in complex litigation and arbitration proceedings involving multiple jurisdictions.

Mr. Liu's practice at Heilongjiang Jincheng Law Firm spans both institutional arbitration and litigation in Chinese courts at all levels, including the Supreme People's Court. He has handled disputes involving international sales contracts, joint venture agreements, technology licensing, construction projects, and foreign direct investment matters across diverse industry sectors.

  • ⚖️ International commercial arbitration
  • 🛡️ Cross-border litigation in Chinese courts
  • 📜 Enforcement of foreign arbitral awards in China
  • 💼 Joint venture and shareholder disputes
  • 🌐 International trade and shipping disputes

Arbitration Experience

Mr. Liu has served as lead counsel in over 40 international arbitration cases with aggregate amounts in dispute exceeding USD 200 million. He represented a Singaporean trading company in a CIETAC Beijing arbitration involving a dispute over RMB 65 million in unpaid commissions under an exclusive distribution agreement. The tribunal awarded his client the full amount plus interest and 70 percent of arbitration costs. He also represented a Canadian mining company in an ICC arbitration seated in Hong Kong concerning a joint venture dispute valued at approximately USD 35 million.

China is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). Foreign arbitral awards are enforceable in Chinese courts subject to limited grounds for refusal under Article V of the Convention. Chinese courts have historically taken a narrow approach to the public policy exception, generally limiting it to cases involving fundamental legal principles or national sovereignty.

Court Litigation

Mr. Liu has extensive experience in Chinese court litigation involving foreign parties. He understands the procedural nuances of Chinese civil procedure, including rules on jurisdiction, service of process, evidence submission, and enforcement. He represented a UK-based engineering company in a breach of contract claim heard by the Mudanjiang Intermediate People's Court, obtaining a judgment for RMB 8.2 million in damages plus interest. He also handled a complex shareholder oppression case for a US joint venture partner, successfully obtaining a court order for the buyout of the foreign shareholder's interest at fair market value.

Strategic Approach

Mr. Liu emphasizes early case assessment and strategic planning. Before initiating proceedings, he conducts a thorough analysis of the strengths and weaknesses of each case, evaluates the likely costs and benefits of different procedural paths, and develops a comprehensive strategy aligned with the client's commercial objectives. He understands that litigation and arbitration are business tools, not ends in themselves, and advises clients on when to pursue settlement or mediation as alternatives.

He has particular expertise in cases involving interim measures, including asset preservation, evidence preservation, and conduct preservation orders under Chinese procedural law. He successfully obtained a RMB 20 million asset preservation order against a Chinese defendant in a trade secret misappropriation case, preventing the dissipation of assets pending the final award. Mr. Liu holds an LL.B. from Peking University and an LL.M. in International Dispute Resolution from the University of London. He is a member of the Chinese Arbitration Association and publishes regularly on cross-border dispute resolution topics.

Mr. Liu's arbitration practice extends beyond CIETAC to include experience with arbitrations administered by the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre, and ad hoc arbitrations under UNCITRAL rules. He has served as both party-appointed arbitrator and presiding arbitrator in several international cases, giving him unique insight into how arbitral tribunals approach evidentiary and procedural issues in disputes involving Chinese parties.

One of his most significant cases involved a dispute between a US technology company and its Chinese joint venture partner over the ownership of intellectual property developed during the joint venture. The case required the application of Chinese patent law, the joint venture contract, and the technology license agreement — all governed by different legal frameworks. Mr. Liu developed a creative settlement structure that was ultimately incorporated into a consent award, avoiding a protracted arbitration that would have cost both parties millions of dollars in legal fees and management time.

In his court practice, Mr. Liu has successfully enforced several foreign arbitral awards in Chinese courts, navigating the procedural requirements for recognition and enforcement under the New York Convention as implemented by Chinese civil procedure law. He has also handled cases involving parallel proceedings in Chinese courts and foreign courts, addressing issues of forum non conveniens, anti-suit injunctions, and the coordination of multi-jurisdictional litigation strategies. He is a member of the ICC Commission on Arbitration and ADR and publishes a quarterly column on Chinese dispute resolution developments for an international arbitration journal.

Mr. Liu advises clients on the enforcement of Chinese court judgments and arbitral awards in foreign jurisdictions, working closely with law firms in the enforcement jurisdiction to present the Chinese judgment or award in a form that satisfies local procedural requirements. He has successfully coordinated enforcement actions in multiple common law jurisdictions, demonstrating his ability to navigate the procedural complexities of cross-border judgment recognition and enforcement. He also advises on the strategic use of Chinese court procedures, including pre-litigation asset preservation orders and evidence preservation applications, to strengthen the client's position before formal proceedings commence and to create leverage for favorable settlement outcomes.

Specific details

Bar Admission Year ---
Law School Peking University
Languages English, Mandarin Chinese
Bar Association Heilongjiang Lawyers Association
License Number 12320120076427441
Years of Experience 18
Practicing at which Law Firm Heilongjiang Jincheng Law Firm

Location

Mudanjiang, Heilongjiang

Area of Expertise Details

Practice Area Cross-border Disputes

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