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 foreign court judgment/arbitral awards. The team is particularly adept at issuing legal expert reports 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 an exceptional and deep understanding of commercial dispute resolution and has expertise in drawing up plans that maximize the client’s commercial interests.
Lawyers of JunHe’ s dispute resolution team all graduated from famous law schools, both domestic and overseas. They have 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 are 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 has several lawyers who have worked in 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 achievements and client recognition, JunHe’s dispute resolution team has, for consecutive years, been acknowledged 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” with mainland China dispute resolution expertise. A number of lawyers of JunHe’s dispute resolution team have also received individual awards including being selected as one of the “Top 15 Litigators in China” by the same rating organizations.
JunHe Provides legal services in Civil and Commercial Litigation such as：
Integrated legal advice relating to legal risk prevention;
Overall case analysis, developing strategies for litigation, and raising alternative dispute resolution plans;
Assisting clients in adopting interim measures (including personal and property preservation) against opposing parties;
Representing clients to participate in mediation and negotiations arising from all stages of civil and commercial litigation during pre-litigation, litigation and enforcement;
Representing clients 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, appellate, retrial and enforcement (including cross-border enforcement) proceedings.
Recent Representative Cases
Investment Disputes involving the Danone Group and the Wahaha Group.
This case involved concurrent domestic and international legal action in over 40 litigation and arbitration proceedings within China (excluding appellate and retrial application proceedings), as well as more than 10 overseas proceedings. JunHe acted as Danone’s primary and leading law firm. Leveraging their prestigious capabilities and effective communication, JunHe cooperated closely with the other Chinese legal teams. It solved problems arising from a misunderstanding of cross-national cultural conflicts and legal hurdles, as well as communication difficulties. Finally, JunHe provided the client with extraordinary overall arranging services regarding its legal action within China.
The Tort Case 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 case of a naming right infringement, which drew extensive attention from the sports industry as well as the wider legal community.
The Civil Tort Case 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 Company. JunHe’s legal opinion was not only adopted by the Guangdong High Court, but also unanimously endorsed by the Jiangsu Broadcasting Corporation and Zhenai, and finally earned a full-scale prevailing judgment for the client. The case garnered considerable public interest, with numerous media commenting that, “The judgment might affect the development of the whole broadcasting industry”.
Master Kong v Yi Cai
JunHe represented Shanghai Yi Cai Media and its journalist Hu Junhua and participated in the tort case of a rights of reputation infringement brought by Master Kong Instant Noodles Investment (China) against them. The case involved an amount in dispute of approximately RMB 180 million. JunHe’s arguments focused on the eligibility of the plaintiff, that the content of the article in question had sufficient factual basis, and that the comments on the products did not contain any improper derogation. JunHe eventually earned a full-scale prevailing judgment. The amount in dispute of this case is one of the largest in history regarding tort case of rights of reputation infringement in China. It stands as a milestone case for the adjudication of tort cases of rights of reputation infringement.
Shanghai Financial Court case with the Largest Amount in Dispute Since its Establishment
JunHe represented Sichuan Trust in its litigation with Thaihot Group and other companies regarding a dispute over entrusted loan contracts. After the first instance and appellate proceedings as well as retrial proceedings, JunHe finally achieved a complete victory on behalf of the plaintiff of the case. The amount in dispute was over RMB 4.7 billion, making it the case with the largest amount in dispute decided by Shanghai Financial Court since its establishment. In 2021, the case was selected as a “National Outstanding Deal” by China Business Law Journal.