Commerce & Finance Law Offices

Insolvency and Restructuring Litigation Arbitration Securities Compliance

Partner

Commerce & Finance Law Office – July 2013 to date

LLB, East China University of Political Science and Law-2009

LLB, Law School, Durham University-2012

LLM, Law School, Paris 2 University-2013

MBA, Johnson Graduate School of Management, Cornell University-expected in June 2020

MBA, School of Finance, Tsinghua University- expected in June 2020

Mr. Yu practices in the fields of commercial dispute resolution with special focus on Chinese financial market and corporate governance of the public listed companies. He represented many financial institutions, public listed companies and private equity funds in corporate takeovers and investment disputes. He demonstrated a thorough understanding in the rules of law and financial regulation. He also publishes articles in the fields of Environment, Social and Governance to promote sustainable development and social responsibility of Chinese companies.

In Security disputes, Mr. Yu has advised and represented

Zhejiang Red Dragonfly Footwear Co.,Ltd. (603116.SH) in a SHIAC arbitration concerning shareholding reduction against Shanghai Greenwoods Asset Management Co., Ltd. and reached a favorable settlement of approximately RMB 82 million for all public shareholders. Jiuzhi Capital in handling a dispute against the controlling shareholder of Dirui Industrial Co.,Ltd. (300396.SZ) concerning securities transactions, which leads to a claim of more than RMB 50 million before Shanghai Financial Court. Founder Securities Co., Ltd. in a CIETAC arbitration relating to pledge-style repurchase against Tianma Bearing Group Co.,Ltd (002122.SZ). The total claims amount to RMB 220 million. A private equity fund in a BAC arbitration regarding debt-to-equity swap against Kangde Xin Composite Material Group Co.,Ltd (002450.SZ). All the Claimant’s claims amount to RMB 560 million. Orient Capital in a dispute relating to corporate takeover and transfer of jurisdiction in the procedure of execution against the controlling shareholder of Shandong Jiangquan Industry Co.,Ltd (600212.SH). The amount in dispute is RMB 465 million KKR's holding subsidiary to claim against Spearhead Integrated Marketing Communication Group (300071.SZ) regarding corporate takeover and assisted it to design the transaction structure, conduct legal due diligence and deal with SZSE’s enquiries, etc. Zhongrong International Trust Co., Ltd. in a CIETAC arbitration regarding securities transactions against Kangmei Pharmaceutical Co.,Ltd. (600518.SH). The amount in dispute is RMB 2.9 billion.

In Debt disputes, Mr. Yu has advised and represented

Cofco Trust Co.,Ltd. in handling a trust loan dispute against the controlling shareholders of Furen Group Pharmaceutical Co.,Ltd. (600781.SH). The claims amount to RMB 200 million. Zhongtai Securities Co.,Ltd. in a corporate bond dispute against the controlling shareholder of Cefc Anhui International Holding Co.,Ltd. (002018.SZ) before Beijing High Court. The claims amount to RMB 800 million. COSCO Shipping Logistics Co.,Ltd. in financial loan disputes against several financial institutions. The total amount in dispute is approximately RMB 6 billion. Wanjia Co-win Asset Management Co.,Ltd. in financial loan disputes between Wanjia Co-win Asset Management Co.,Ltd.  and debtors including Hebei Financing Investment Holding Group Co.,Ltd. The total amount in dispute is approximately RMB 500 million. Shanghai Changjiang Wealth&Asset Management Co.,Ltd. in  financial loan disputes between Shanghai Changjiang Wealth&Asset Management Co.,Ltd. and debtors including Hebei Financing Investment Holding Group Co.,Ltd. The total amount in dispute is approximately RMB 300 million.

In Equity Investment disputes, Mr. Yu has advised and represented

Zhejiang Red Dragonfly Footwear Co.,Ltd. (603116.SH) in the settlement of an equity investment dispute with the target company of Zhejiang Hugeleaf Co.,Ltd. (600226.SH)’s M&A transaction, and got compensation of more than RMB 60 million. A government-backed fund to deal with a dispute regarding pre-emptive right and VAM clause against a target company of a listed company’s M&A transaction and assisted the target company’s overseas privatization and domestic backdoor listing. The amount in dispute is RMB 1 billion. Beijing ZhangKuo Mobile Multimedia Technologie Co.,Ltd. to deal with a dispute over share buy-back arising from the M&A transaction with Hunan TV & Broadcast Intermediary Co.,Ltd. (000917.SZ) after dismantling the VIE structure. China New Enterprise Investment Fund in an equity investment related arbitration against a company to be listed. The amount in dispute is RMB 140 million. CCB International Cultural Industry PE Fund  in a CIETAC arbitration concerning equity investment against Beijing Galloping Horse Media Co.,Ltd. and our claims were upheld by the Tribunal. The amount in dispute is more than RMB 700 million. CCB International (Holdings) Limited in a CIETAC arbitration concerning equity investment against IND modern cattle industry Co.,Ltd.  and the Tribunal upheld our claims, which amount to RMB 100 million. Song Xin dealing with a dispute on equity investment between Song Xin and Xishaoye (Bingz)  and reached a favorable settlement of RMB 3 million. Shanghai Zhichong Network Technology Co.,Ltd.  as the Defendant before Shanghai First Intermediate Court against a financial consulting firm concerning an intermediation contract dispute and all the Claimant’s claims were dismissed.

In Real Estate disputes, Mr. Yu has advised and represented

Jiangsu Dahai Intelligent System Co., Ltd. to handle a dispute regarding construction project contract against Heng Hua Energy Technology Group Co.,Ltd.  before Inner Mongolia High Court and reached a favorable settlement of RMB 450 million. Raffles Hotels & Resorts  in a SHIAC arbitration against HNA Group relating to a hotel management contract. All the Claimant’s claims of approximately RMB150 million were dismissed. Capita Malls Real Estate Management Consulting (Shanghai) Co.,Ltd. to handle disputes concerning land development contracts against several developers. Academic Activities And Research Achievements: Legal analysis and practice of Back-to-Back Clause (Commerce & Finance Law Office, August 7, 2015) Civil liability of investors for violating pre-listing undertaking on shareholding reduction (LexisNexis, April 28, 2017) Analysis of voting proxy in listed companies (Commerce & Finance Law Office, April 25, 2018) Analysis of financial consulting agreement disputes (Commerce & Finance Law Office, November 19, 2018) Analysis of the validity of defective external guarantees of listed companies (LexisNexis, December 24, 2018) Difficulties for financial institutions in handling business risks concerning listed companies (LexisNexis, April 2, 2019) Regulatory compliance guidelines on takeover of listed companies — voting proxy (Infaith Consulting, August 16, 2019) Regulatory compliance guidelines on takeover of listed companies —— tender offer (Infaith Consulting, September 25, 2019) Analysis of the disposal value of the shares of listed companies (Commerce & Finance Law Office, September 6, 2019) Analysis of the "financial crisis” of listed companies in view of corporate governance (Caixin Media, October 18, 2019)