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Lawyers

Yan  Cheng

Yan Cheng

Work Department

Dehehantong Shanghai Law Office

Position

Senior Associate

Career

On March 21, 2024, Lawyer Cheng joined Shanghai Dehe Hantong Law Firm and continued to focus on commercial dispute resolution.

Lawyer Cheng worked at Shanghai Hongqiao Zhenghan Law Firm from July 2017 to March 2023, successively holding the positions of legal assistant and lawyer in the commercial dispute resolution department of Hongqiao Zhenghan. During this period, Lawyer Cheng handled and developed a total of approximately 210 cases, covering disputes over sales contracts, financial loan contracts, guarantee contracts, savings deposit contracts, stock repurchase contracts, construction project construction contracts, house lease contracts, property damage compensation disputes, unjust enrichment disputes, tort liability disputes, and execution objections, etc. I have accumulated rich experience in handling complex commercial cases and possess the ability to undertake major, difficult and complex commercial dispute resolution cases.

During his tenure at Hongqiao Zhenghan, Lawyer Cheng was responsible for and participated in approximately 30 external training sessions, live broadcasts, special research projects, and university lectures, including the development of live courses on the Property Rights section of the Civil Code, judicial interpretations of the General Provisions of the Civil Code, and civil evidence regulations. Teaching courses such as the Commercial Litigation Practice Course of Fudan University and the 2022 Hongqiao Zhenghan Legal New Star Training Camp; Customer training on personal information protection of Shanghai Pudong Development Bank, evidence regulations of rural commercial banks, etc. Shoot legal education videos and so on for the Justice Bureau of Jiading District. Lawyer Cheng has a solid foundation in legal theory and possesses the ability to conduct in-depth and systematic research on relevant legal issues and case disputes, further providing support for case handling. He can also offer high-quality legal practice training to clients.

Typical clients that Lawyer Cheng has served include: Shanghai Banking Regulatory Bureau, China Construction Bank, Industrial and Commercial Bank of China, Agricultural Bank of China, Shanghai Pudong Development Bank, Bank of Shanghai, Hang Seng Bank, Oversea-Chinese Banking Corporation, China Eastern Airlines, Ping An Group of China, Lujiazui Group, Shanghai Zhonghuan Group, Shanghai Jiading Industrial Zone Group, Jinjiang Group, Poly Real Estate, C&D Group, China Resources Group, COSCO Shipping Group, Guotai Junan Securities, Shenwan Hongyuan Group, Shanghai Media Group, Decathlon, etc.

Track Records:

The case of representing a collectively-owned enterprise in a lawsuit against a certain company for the removal of obstruction was heard by the Jiading District People's Court of Shanghai/the Second Intermediate People's Court of Shanghai. The land involved in the case was of high value and involved the interests of the collectively-owned enterprise. The handling team, through sorting out the relevant materials spanning nearly 30 years, combined the details of each piece of evidence to clarify the logic, restore the facts of the case, and form a complete chain of evidence, ultimately won the lawsuit, safeguarding the legitimate rights and interests of the client and preventing the loss of collective property.

I represented a certain oil company in a sales contract dispute case with a certain energy company, which was heard by the Shanghai Sub-Commission of the China International Economic and Trade Arbitration Commission. The case involved a claim amount of over 20 million yuan. This case involves the issue of whether the liquidated damages stipulated in a pure commercial contract should be reduced. The handling team conducted a thorough search of the current legal provisions and judicial practice and formed a well-argued agency opinion. The relevant arbitration request was ultimately supported by the arbitration tribunal.

Represented a marketing company under a certain state-owned group in a tort liability dispute against its employees. The court handling the case was the First Intermediate People's Court of Tianjin/the Higher People's Court of Tianjin. The case involved a claim amount of over 25 million yuan and helped the client recover economic losses of over 10 million yuan. In this case, despite the defendant's imprisonment and the absence of some original documents, the handling team, following the time logic of "ordering, shipping, transporting, and receiving", sorted out over a thousand pages of original documents for more than 140 batches of goods one by one. Based on this, they made a calculation table for the amount claimed in this case. Eventually, the collegial panel used this as the main basis for determining the plaintiff's loss amount. The organizing team also assisted the court's collegial panel in clarifying the various elements for the establishment of the tort liability involved in the case through in-depth legal research, ultimately maximizing the protection of the client's rights and interests.

The case of a construction project contract dispute represented a contractor against the owner was heard by the Intermediate People's Court of Xiaogan City/the Higher People's Court of Hubei Province, with a claim amount of over 70 million yuan. The defendant in this case is a local government state-owned enterprise. The handling of the case faced considerable difficulties and resistance. The handling team carefully organized the project materials involved in the case to form well-organized evidence materials and conducted thorough legal investigations on the disputed issues to consolidate the case evidence and legal viewpoints. Eventually, the lawsuit was fully supported by the court, safeguarding the legitimate rights and interests of the contractor. The relevant judgment opinions of the Higher People's Court of Hubei Province in the second instance of this case also have certain guiding significance for the industry.

The case of representing a subsidiary of a certain state-owned group in a lawsuit against a tenant over a house lease contract was heard by the Hongkou District People's Court of Shanghai/the Second Intermediate People's Court of Shanghai. The handling team, through on-site visits to the leased property involved in the case and targeted legal research on controversial legal issues such as the "right to renew the lease" clause, persuaded the judge from all aspects of facts, reason and law that the involved venue should not be continued to be rented out. The case was won comprehensively, helping the client smoothly recover the involved venue and avoid losses in venue rental fees.

Represented a certain media company in a contract dispute against an individual, which was heard by the People's Court of Pudong New Area, Shanghai/the First People's Court of Shanghai. The subject matter of dispute in this case is three self-media accounts. In this case, whether the involved accounts can be preserved and how to preserve them, whether the involved accounts can be evaluated and what methods should be adopted for evaluation, as well as the determination of the attributes of the involved self-media accounts, all belong to emerging and cutting-edge legal issues. The handling team, based on the professional background and thinking characteristics of the judges in the collegial panel at different trial stages, and through in-depth exploration of the facts of the contract performance between the two parties, not only managed to secure a remand for a retrial despite a huge disadvantage in the original first instance, but also made a comprehensive comeback in the retrial, turning defeat into victory and helping the client secure the maximum benefit.

I represented a state-owned investment fund company in a series of stock repurchase contract disputes against relevant individuals, which were heard by the People's Court of Tongxiang City, Zhejiang Province/Shanghai Arbitration Commission. The total amount involved was nearly 80 million yuan, and all cases were fully supported by the hearing authorities.

The case where I represented a state-owned real estate development company in a water supply and use contract dispute with a water company was heard by the People's Court of Putuo District, Shanghai/the Second Intermediate People's Court of Shanghai. We achieved a full victory and helped the client reduce losses by over 5 million yuan.

The series of cases involving the property damage compensation dispute and the savings deposit contract dispute between a certain bank and an individual were heard by the Xuhui District People's Court of Shanghai/Shanghai Financial Court. The handling team, drawing on their rich experience in handling similar cases, achieved victories in a series of cases, reducing losses for the clients by over ten million yuan.

Languages

Chinese,English

Education

2011.9-2014.6 Bachelor of Laws, Kaiyuan Law School, Shanghai Jiao Tong University;

2014.9-2015.6 Bachelor of Law, School of Politics and Law, Ningxia University;

2015.9-2017.6 Master of Laws (Jurisprudence), Kaiyuan Law School, Shanghai Jiao Tong University.

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