竞天公诚律师事务所 - 专业平等包容合作

徐邦煒パートナー

北京
広州

取扱分野： 訴訟、仲裁、知的財産権、破産および破産更生、刑事弁護および刑事法的リスク防止
使用言語： 標準語、英語
電話番号： （86-10）5809-1266
メールアドレス： xu.bangwei@jingtian.com

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専門分野： 刑事弁護および刑事法的リスク防止、破産および破産更生、仲裁、知的財産権、訴訟
対応言語： 標準語、英語
電話番号： （86-10）5809-1266
メールアドレス： xu.bangwei@jingtian.com

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Mr. Xu Bangwei graduated from Peking University Law School. Mr. Xu has been working at Jingtian & Gongcheng for nearly 18 years .

During his time at Beijing High People's Court, Mr. Xu accumulated rich experience in the trial of civil, commercial and IP litigations. While working at Jingtian & Gongcheng, he has provided professional legal services for domestic and foreign clients in over 1000 civil and commercial litigations (including enforcement cases), commercial arbitrations, intellectual property disputes, and liquidation and restructuring cases before the Supreme People's Court and more than 20 provincial High People's Courts, CIETAC, BAC, SAC, SHIAC, SCIA, HKIAC and SIAC, as well as over 100 cases involving due diligence and recovery of NPLs, investment consultation. He has represented clients in a wide range of fields including finance, securities, investment, real estate, trade, energy, textile, machinery manufacturing, transportation, telecommunication, pharmaceuticals, education, media, consumer, environmental protection, etc. Mr. Xu has also issued various legal opinions and expert opinions on PRC laws for administrative offices on the ministerial level, Hong Kong High Court and foreign courts. Mr. Xu is recognized by the clients as "professional and dedicated", "extremely talented and experienced at handling complex and challenging commercial disputes", "determined and confident".

Mr. Xu also serves as the PRC legal advisor for a number of domestic and international enterprises, public institutions and NGOs, which excellently protects the legitimate rights and interests of clients.

Mr. Xu specializes at complex domestic and cross-border commercial litigations and arbitrations, intellectual property disputes, bankruptcy liquidation and restructuring cases, and investment and recovery of NPLs.

I. Domestic and Cross-Border Commercial Arbitration, including Revocation and Non-enforcement of Arbitral Awards

Representing various private funds in multiple CIETAC arbitrations to resolve disputes arising out of equity investment, and the clients' rights and interests were fully protected by timely adoption of preservation measures, the total amount in dispute was more than 1 billion yuan.

Representing 2 private funds in an HKIAC arbitration against a world-renowned investment institution regarding a dispute on cross-border investment. And finally secured a satisfactory settlement for the client. The amount in dispute was more than USD100 million.

Representing a major PRC listed company in a complicated cross-border CIETAC arbitration in connection with its disputes regarding equipment quality and patent rights against a foreign technology company. Taking proactive actions by initiating dispute resolution process in a timely manner and finally settled the case with the other party on the most favorable terms for the client. The amount in dispute was about 3 billion yuan.

Representing a major PRC listed company in a SHIAC arbitration in connection with its disputes over an equipment purchase and sale agreement. The total amount in dispute was more than 1 billion yuan. The client, as the seller, received 300 million yuan in liquidated damages, which is known as one of the highest compensation cases in China based only upon liquidated damages clause.

Representing the guarantor of the respondent in a guaranty agreement dispute before SHIAC when the period for submitting evidence had expired twice. With sophisticated evidence and litigation skills used in this highly complicated case, finally reached a settlement for client with applicant at about one-tenth of the guaranteed amount.

Representing a major PRC listed company as respondent before Shanghai Arbitration Commission in connection with its disputes over a transaction contract. Under extremely unfavorable terms in the contract, with good negotiation skills and commercial sense, finally reached a settlement for the client with the applicant without any payment of liquidated damages. The amount in dispute was approximately 500 million yuan.

Representing a domestic educational institution on its application for non-enforcement of an arbitration award made by HKIAC regarding equity investment disputes before Beijing Fourth Intermediate People's Court. The amount in dispute was about USD60 million. After reviewing by Beijing High Court and Supreme People's Court, the Court finally granted a total non-enforcement verdict in favor of client. The cumulative losses avoided for the client was approximately USD150 million.

Representing a domestic enterprise on its application for non-enforcement of an arbitration award made by SIAC before Urumchi Intermediate People's Court. The Court finally granted a non-enforcement verdict in favor of client. The cumulative losses avoided for the client was approximately 500 million yuan.

Representing a domestic educational institution on its application for revoking an arbitration award made by HKIAC regarding equity investment disputes before the High Court of Hong Kong. The amount in dispute was about USD 14 million.

II. Domestic and Cross-Border Litigation

Representing a top domestic fund management company to provide full dispute resolution services in a series of lawsuits and potential disputes arising out of its domestic and foreign investments, and its LP’s issuance of bonds overseas. The total amount in dispute was more than 10 billion yuan.

Representing a domestic private enterprise in resolving its complex disputes with a state-owned enterprise regarding shares and dividend of a PRC listed company. The total value of shares in dispute was more than 10 billion yuan.

Representing a notable foreign investment bank to provide dispute resolution services as to its potential liabilities arising out of its acting as bond manager in PRC and so involved in bond issuance and in bondholders meeting services. The total amount in dispute was more than 3 billion yuan.

Representing multiple domestic fund management companies to provide legal service in various disputes arising out of entrusted loans provided by their mezzanine funds. The total amount in dispute was more than 3 billion yuan.

Representing a well-known domestic biopharmaceutical company and its founder to provide comprehensive legal services in a series of disputes regarding equity investment, corporate control, administrative review and infringement of reputation. The client finally won all the cases we represented. In particular, the Decision of Administrative Review made by China Securities Regulatory Commission was the only one that totally annulled the original administrative act among all the over 500 Decisions published on the official website of the CSRC. The market value of shares in dispute was about 2 billion yuan.

Representing a foreign shareholder of a well-known overseas listed biomedical company and providing comprehensive legal services in a serious of corporate control disputes against PRC shareholders. The disputes involved complicated cross-border corporate control disputes of a US listed company, a Hong Kong Company, an offshore island company and a PRC company. The client won a fully favorable judgment in Mainland China. The total amount in dispute was hundreds of millions of US dollars.

Representing a well-known state-owned enterprise, which is also a fortune 500 company, in its complex energy related disputes and providing legal services involving litigation, arbitration and criminal risk prevention consultation. The total amount in dispute was about 8 billion yuan.

Advising a well-known Canada-listed company in the proceedings before the High Court of a Canadian province on PRC law related issues, providing expert opinion on PRC law and testifying before the court. The total amount in dispute was more than USD6 billion.

Representing a notable domestic real estate company in dispute regarding a real estate purchase and sale agreement after the client had lost the first instance. By submitting plenty of supplemental evidence, overturned the judgement after it was remanded to the court of first instance. And finally forced the opposing party to reach a settlement with the client acknowledging all of the client's claims in first instance and perform accordingly. The market value of the real estate in dispute was about 300 million yuan.

Representing a top well-known investment management company in China and a mining development company in a retrial case heard by the Supreme People's Court regarding energy cooperation dispute. We took over the case just 1 day prior to the expiration date of the time limit for adducing evidence. By applying for expert witnesses to testify in court and dealing successfully with three highly complicated appraisal procedures, we finally persuaded the Supreme People's Court to reject more than 97% of claims from counter party. The total amount in dispute was about 168 million yuan.

Representing an overseas listed company, which is also an affiliate of a fortune 500 state-owned company, in a series of disputes arising from its sales contracts. We took over the cases after the client had already obtained very unfavorable effective judgments. By fully collecting a large amount of new evidence that strong enough to overturn the original validity judgment, we finally helped the client obtain complete favorable retrial judgments in Beijing High People’s Court and several other courts all over China. The negative impacts the original judgments had on the client was therefore totally eliminated.

Representing a large Hong Kong listed company in a series of environmental protection administrative review and administrative litigation proceedings against environmental administrative authority. The total amount in dispute was about 1 billion yuan.

III. Bankruptcy, Liquidation and Reorganization

Representing Maybank as offshore creditor to deal with verification of assets and liabilities of subsidiaries of Pacific Andes International Holdings Limited in mainland China in the bankruptcy liquidation project of the 1.5 billion yuan of Pacific Andes, a HK-listed company. The project won the ALM financial transaction of the year award.

Representing a well-known offshore listed company to deal with its corporate control disputes and complex real estate liquidation disputes against other PRC shareholders in a highly complicated compulsory liquidation case before a PRC court. The value of liquidation assets in dispute was more than 20 billion yuan.

Representing a PRC subsidiary of a fortune 500 company headquartered in USA in a compulsory liquidation case. And obtained a court verdict approving registration of cancellation of the company for the client, in which case the PRC shareholders refused to turn over the financial documents and books and the compulsory liquidation could not be done through the general procedural approach. It was the first court verdict in Beijing approving the registration of cancellation of a company when compulsory liquidation cannot proceed. We also helped the client communicate with the Administration for Industry and Commerce, Tax and Foreign Exchange authorities, and finally successfully achieved the client’s purpose of cancellation of the company. This project has been shortlisted in the list of “Outstanding Cases of Foreign-related Legal Practice” selected by the National Lawyers’ Association.

Representing a debtor to participate in the joint bankruptcy and restructuring proceedings of a large domestic company listed in Hong Kong and its nearly 100 affiliates. The clients declared 20 claims in the case with an aggregate amount of more than RMB1 billion. The total amount of the declared claims in the proceedings was more than RMB 70 billion.

Representing a top private equity fund management company as a creditor to participate in joint bankruptcy and reorganization proceedings of a private enterprises group and its several affiliates, and negotiating the restructuring plan on behalf of the client, as the biggest creditor and mortgagee, with the administrator and potential investors. The case involved six enterprises, five plots of land and 20 factories, as well as a large number of vehicles, machinery and equipment, and other assets, with a total declared debt amount of about RMB1.7 billion.

Representing a top private equity fund management company in the liquidation of the PE fund it managed, and various kinds of potential disputes between the general partner and limited partners in the liquidation process; the PE fund raised more than 2 billion yuan.

IV. Disposal of Non-Performing Assets

Representing a non-bank financial institution to handle the transfer, liquidation and enforcement of NPLs portfolio arising from bad entrusted loans with principal amount exceeded RMB500 million. To speed up the recovery process, the team obtained litigation preservation orders for various types of properties and company equity in different places within three and a half months and won the first instance judgment in a provincial high court.

Representing a foreign bank in relation to the enforcement of an extremely difficult portfolio (which involves over 10 loans with the principal amount exceeding RMB1.2 billion and the mortgaged real estate in 6 first and second tier cities). At the beginning of the enforcement, the creditors involved in the portfolio were in different provinces; all litigations were delayed in adjudication or in suspension or in termination of the enforcement process. Mr. Xu’s team successfully helped the client to recover about 250 million yuan within 8 months.

Representing an offshore bank in enforcement and collection of non-performing assets. In this case, the mortgaged real estate and the enforcement court were located in different provinces, and debtors and non-mortgaged creditors had created various obstacles to the enforcement of claims. The team successfully transferred enforcement jurisdiction , and solved the following complex issues: overlapping legal issues of civil law and criminal law, third party’s objections in enforcement process, the debtor illegally leased the real estate and therefore infringed the rights of mortgagee, the forcible occupation of the collateral by a third party creditor, the clearing of the mortgaged real estate, the occupation of mortgaged real estate by adjacent property, etc.

Representing several domestic investment institutions and providing comprehensive services in connection with enforcement, disposal and transactions of NPL portfolios arising from their non-performing entrusted loans, the amount involved was more than 2 billion yuan.

Representing a top domestic investment institution and providing due diligence and liquidation of claims and debts services in connection with an investment in more than 10 distressed assets.

V. Intellectual property and Unfair Competition

Representing a top e-business company to file a lawsuit against another top e-business company in relation to disputes arising out of unfair competition, and finally got a satisfactory settlement for the client. The market share involved in this dispute valued more than 10 billion yuan.

Representing a well-known PRC listed company to deal with a series of trademark disputes in the Supreme People’s Court, Beijing High People’s Court and Beijing IP Court, and finally prevailed in all the cases. The trademark in dispute valued more than 10 billion yuan.

Representing a notable telecom operator, which was also a fortune 500 company in a series of contractual and IP disputes against a domestic telecom operator and its agents. The total amount in dispute was about 0.5 billion yuan.