Civil and Commercial Litigation
Dispute resolution has always been one of JunHe’s main areas of expertise. Besides traditional civil and commercial litigation, JunHe’s dispute resolution team provides integrated and comprehensive dispute resolution services, including international arbitration, cross-border recognition and enforcement of a foreign court judgment/arbitral award. The team is particularly adept at issuing affirmation on the laws and practices of mainland China in foreign legal proceedings. Relying on the strengths of JunHe’s platform, which embraces large, high-end commercial transactions, the dispute resolution team has a unique and deep understanding of commercial dispute resolution, and is proficient in drawing up plans that maximize the client’s commercial interests.
JunHe’ s dispute resolution team of lawyers have all graduated from the top law schools, both domestically and overseas. The team has vast practical experience in all levels of the courts, major arbitral institutions and top-ranking law firms, and a deep understanding of China’s legal system and legal practice. Many members of the team have qualified to practice in the US, Hong Kong and other countries or regions. The team can work in multiple languages including Mandarin, English, French and Japanese, ensuring quality services in the field of civil and commercial litigation in a cross-jurisdictional, multilingual and multi-industrial manner. The team also has several lawyers who have worked as judicial or administrative authorities, or held positions as arbitrators of major arbitral institutions, with abundant practical experience in judicial and administrative enforcement.
For its outstanding achievement and recognition amongst its clients, the dispute resolution team of JunHe has, for consecutive years, been recognized by globally renowned commercial lawyer rating organizations such as Chambers Asia Pacific, Asia Pacific Legal 500 and Asia Law & Practice as a “Band 1 Leading Law Firm” and the “Most Recommended Law Firm” of Mainland China Dispute Resolution Expertise. Notably, the lawyers in JunHe’s dispute resolution team have received individual awards including being selected as one of the “Top 15 Litigators in China” by the same rating organizations.
Legal Services that JunHe can Provide in Civil and Commercial Litigation are as Follows：
Integrated legal advice for clients relating to legal risk prevention;
Overall case analysis for clients, develop strategies for litigation, and raise alternative dispute resolution plans;
Assist clients in adopting interim measures (including personal and property preservation) against the opposing party of the case;
Represent clients to participate in mediation and negotiation arising from all stages of civil and commercial litigation in the context of pre-litigation, litigation and enforcement;
Represent clients to participate in all types of civil and commercial litigation, in particular, significant, complex and sophisticated cases and foreign-related civil and commercial cases of first instance, second instance, retrial and enforcement (including cross-border enforcement) proceedings.
Recent Representative Cases
Several Investment Disputes involving the Danone Group and the Wahaha Group.
This case involved concurrent domestic and international legal actions in over 40 trials and arbitration within China (excluding second instance reviews and appeals), as well as over ten overseas proceedings. JunHe acted as Danone’s primary and leading law firm. Leveraging their prestigious capabilities and effective communication, JunHe cooperated closely with the teams of other Chinese lawyers, and finely solved the problems arising out of a misunderstanding of cross-national cultural conflicts and legal hurdles, as well as the difficulties relating to communication. Finally, JunHe provided the client with unique overall arranging services regarding legal action within China.
The Tort Trial of a Naming Right Infringement involving Michael Jordan and Qiaodan Tiyu
JunHe acted as the representative of the American basketball star Michael Jordan, and participated in the tort trial of a naming right infringement, which drew extensive attention in the sports industry as well as the wider legal community.
The Civil Tort Trial concerning the Infringement of the Trademark “Fei Cheng Wu Rao”
JunHe was engaged by the client during the retrial, and acted as the representative of the petitioner Shenzhen Zhenai Information Technology Co., Ltd. In this case, the opinion raised by JunHe’s lawyers was not only soundly adopted by Guangdong High Court, but also unanimously consented to by the Jiangsu Broadcasting Corporation and Zhenai, which finally earned a full-scale prevailing judgment for the client. The case garnered considerable public interest, with numerous media commenting, “The judgment might affect the development of the whole broadcasting industry”.
Master Kong v Yi Cai
JunHe represented Shanghai Yi Cai Media Co., Ltd. and its journalist Hu Junhua, and participated in the tort trial of a rights of reputation infringement brought by Master Kong Instant Noodles Investment (China) Co., Ltd. against Yi Cai and Hu Junhua. The case involved a target amount of approximately 180 million RMB. JunHe’s lawyers arguments regarded the eligibility of the plaintiff, whether the content of the article in question had sufficient factual basis, and that the comments on the products did not contain any improper derogation. Eventually they earned a full-scale prevailing judgment. This case involved the largest target amount in history regarding tort trials of rights of reputation infringement in legal practice in China. It stands as a milestone case for the adjudication of tort trials of rights of reputation infringement.
