Commerce & Finance Law Offices

Litigation Arbitration Intellectual Property Insolvency and Restructuring

Partner

Commerce & Finance Law Office – July 2008 to date

LLB, Law School of Peking University – 2008

BA (Eco), CCER of Peking University – 2008

LLM, University of Pennsylvania Law School - 2013

Mr. Cui practices disputes with special focus on contentious matters regarding equity investment, commercial real estate, construction, international trade and transport, IP and competition, and asset management, etc.  Mr. Cui has represented numerous financial institutions, MNCs, Chinese SOEs in over 400 proceedings before Chinese courts of various levels and arbitral tribunals at CIETAC, BAC/BIAC, SHIAC, HKIAC and other arbitration institutions.

Experience

In Equity Investment disputes, Mr. Cui has advised and represented:

a Chinese local government-backed fund in a VAM related arbitration case administered by CIETAC.  The VAM clause had been triggered followed by the free transfer of certain equity and cash compensation to be undertook.  The amount in dispute is over RMB 1 billion while the case is still pending as of now

a state-owned bank-backed PE firm in an CIETAC arbitration against the controlling shareholder of the invested company.  The Tribunal upheld the equity redemption claim amounting RMB 250 million

CNOOC investment company in court proceedings before Beijing Courts regarding state-owned asset transfer.  The deduction request for deposit (RMB 7,510,000) was upheld by the court, being on appeal now

a Chinese company as the Respondent in a CIETAC arbitration regarding an equity purchase agency agreement.  All the Claimant’s claims of approximately RMB 17 million were dismissed

In Commercial Real Estate disputes, Mr. Cui has advised and represented:

a MNC based in Singapore in a CIETAC arbitration against a Chinese SOE regarding termination and performance of a real estate development contract (foreseeable value to be over RMB 4 billion), eventually securing overwhelming victory

a foreign PE firm as the Defendant in court proceedings before Beijing Courts.  The Plaintiff’s claims of more than RMB 20 million were dismissed by both the 1st and 2nd instance courts

CETC, a famous SOE, as the Defendant in court proceedings before Hebei Courts regarding a construction contract.  The Plaintiff’s claims (approximately RMB 16 million) were dismissed by both the 1st and 2nd courts

In International Trade and Transport disputes, Mr. Cui has advised and represented:

a Chinese agriculture company, as the Respondent, in an arbitration proceeding administered by CIETAC HK Arbitration Center.  The case arose from the performance of US genetically modified corn purchase contracts.  The governing law is English law and the case is now pending

a Chinese automobile company in a CIETAC arbitration against a Pakistani company regarding a series a vehicle purchase contracts.  The Chinese company’s claim for price payment (over USD 8 million) were wholly upheld

a Chinese machinery company in a CIETAC arbitration against two Kazakhstan companies regarding L/C and international transport.  The Chinese company’s claims (over USD 1,200,000) were wholly upheld

Yingli, a famous solar energy company, in a series of proceedings before BAC, CIETAC, Xinjiang High Court and the Supreme People’s Court regarding the performance of solar panel purchase and installment contracts.  The amount in dispute is more than RMB 160 million.  Yingli’s core claims were upheld

In IP and competition disputes, Mr. Cui has advised and represented:

a Chinese central media as the Respondent in a BAC arbitration regarding TV program copyrights.  All the Claimant’s claims amounting approximately RMB 17 million were dismissed by the Tribunal

CNOOC as the Plaintiff in court proceedings before Tianjin Courts regarding trademark infringement and unfair competition.  The Plaintiff’s claims, including modification of the Defendant’s corporate name, injunction of utilizing certain trademark and compensation of damages, were supported

CNOOC as the Plaintiff in court proceeding before Shandong Courts regarding corporate name infringement.  The plaintiff’s claims, including modification of the Defendant’s corporate name, were upheld by both the 1st and 2nd courts

In Asset Management disputes, Mr. Cui has advised and represented:

a Korean investment company in court proceedings before Beijing Courts regarding disposal of non-performing assets.  The case was eventually settled with RMB 500 million recovered

a MNC in an attempt to recover debts which went beyond statute of limitation.  The matter was finally settled with the majority of damages recovered

In Labor and Employment disputes, Mr. Cui has advised and represented:

Schindler in a dispute launched by its former employee regarding over time working compensation.  Most of the employee’s claims were dismissed by the labor arbitration institution and subsequently the courts

Mr. Cui’s Daily Consultation Experience includes advising:

numerous investment banks, TMT companies, manufacturing companies, and trading companies

Academic Papers

On the Appeal Mechanism under the English Arbitration Act 1996, V. 72 of Beijing Arbitration

On the Appeal Mechanism under the English Arbitration Act 1996  - a Second Thought, V. 77 of Beijing Arbitration

LexisNexis Practical Guidance

Case Study on Legal Risks and Remedies under the Capital Subscription System

The Only-One Forum Selection Agreement – Conditions for Mutual Recognition and Enforcement of Civil Judgements between Mainland China and Hong Kong SAR

Estimation of Statutory Decoration Loss Absent Contractual Arrangement

Allocation of Decorate Loss between Parties after Housing Rental Agreement is Discharged

An In-depth Analysis on Restrictions on High Consumption and Defaulters

Legal Protection on Names of Literary and Artistic Works

In March 2017, Mr. Cui was shortlisted for the ALB Rising Star.