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Jiacai Tan

Tan Jiacai Partner

Working language:Chinese, English
Professional field :

Dispute Resolution

Corporate and M&A

Bankruptcy, Restructuring and Insolvency

Capital Markets

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Detailed introduction

Jiacai Tan is the partner of BeijingDacheng Law Offices Shanghai Office , He was admitted as Chinese lawyer in 2001and worked in this areanearly20 years , he has built a reputation asone of the leading lawyer in Cross-border Dispute Resolution and InternationalCommercial Arbitration,Cross-borderInvestment And Trade as well as International Technology TransferAnd Valuation. His clients included Industrial Internet and IntelligentManufacturing, Financial Industry, Energy, Infrastructure Construction (includingPPP), Hotel Management and so on. He has counseled numerous internationaltechnology transfer and license transactions of several billion US dollars andan array of cross-border arbitration and litigation. Tan also compiled the bookLAW AND PRACTICE OF INTERNATIONAL DISPUTE RESOLUTION as editor-in-chief whichwas published by China Law press.

Mr. Tanis also thedirector of ASEAN comparative law research centre, the visiting professor andthe adjunct professor of law in SHUPL and the arbitrator of Hefei ArbitrationCommission and Shijiazhuang Arbitration Commission.Hewas once invitedto the seminars of financing policy of PPP organized by NDRC & MOF.

Tanhas a highly successful track record from Tech startups to Fortune Global 500companies. Including BMW Automotive Finance (China) Co, Ltd. Microsoft (China)Co, Ltd, Danone Asia Pacific Management Co., Ltd., Sweden Company ChematurTechnologies AB, Singapore Company H&C S Holdings Pte., Thailand CompanyNaddasri Co., Ltd,PhilippineCompany Remington Industrial Sales Corporation, Shanghai Nuclear EngineeringResearch, Hefei Taihe Optoelectronic Technology Co., Ltd., Linca Industrial(Fujian) Group Co., Ltd. Australian Grill steak (China) Food Science &Technology Co. ; Ltd., Lodging Management (Labuan) Limited and so on.

Project Experience

CROSS-BORDERDISPUTE RESOLUTION & INTERNATIAL COMMERCIAL CARBITRATION

  • Acting as trial counsel for a Thailandcompany in disputes over cross-border mergers & acquisitions transactionsand foreign direct investment issues for a total purchase price of RMB 200million.
  • Advising a Sweden Company regardinglitigation strategy planning and settlement negotiation in disputes overcross-border mergers & acquisitions transactions of several billion USdollars that concerning 10 target companies and 9 multiple jurisdictions.
  • Acting as trial counsel for a Hong Kongcompany in a dispute over an international technology transfer contract againsta U.K company.
  • Acting as trial counsel for a listedcompany in a dispute over an international sale of goods against a Sri Lankacompany.
  • Acting for a Singapore holding company toobtain the recognition and enforcement of Singapore International ArbitrationCentre (SIAC) awards in China
  • Acting as trial counsel for a Philippinecompany for a claim arising from a dispute over an international sale of goodscontract heart by China International Economic and Trade Arbitration Commission(CIETAC)
  • Acting for a Malaysia company to obtainthe recognition and enforcement of International Arbitration Centre (HKIAC)awards in Sanya.

 

CROSS-BORDERINVESTMENT AND TRADE

  • Counselling a Hong Kong company in amergers & acquisitions transaction.
  • Advising China national Aviation FuelLogistics Co., Ltd on the issues regarding whole equity transfer of a jointventure company with Shell (China) Limited.
  • Counselling for a Chinese holding companyin the issuance and registration of CNY 5.7 billion corporate bonds with theSSE (Shanghai Stock Exchange).
  • Advising Marine Design Research Instituteof China on the establishment of a Sino-Foreign equity Joint Venture withSweden company Marine Jet Power AB.
  • Advising a listed company on the duediligence to the cooperative partners in India, Vietnam, Pakistan and Iran.
  • Advising a group company on shareholderverification of controlling shareholders in Canada, BVI and Hong Kong.
  • Advising alistedcompany onsetting up of its subsidiary in India.

 

INTELLECTUALTECHNOLOGY TRANSFER AND VALUATION

  • Representing Microsoft (China) over theissues of corporation  and registrationof two a Sino-Foreign equity Joint Venture with local company and IP Licensingissues in the transactions of setting up the World 1st and 2ed Microsoft MobileGame Center.
  • Counseled numerous the AP1000 technologyinternational transfer and license issues between Shanghai Nuclear EngineeringResearch and Design Institute (SNERDI) and U.S. Westwood Company.
  • Advised a state-owned company on thenuclear technology transfer and license issues in the China-U.S. 3rd roundnegotiation on nuclear cooperation strategy
  • Advising a state-owned company on theproject of cross-design software applications with L-3 COMMUNICATIONS MAPPSINC.
Educational Background
  • Temple University, LL.M
  • Chinese academyof social sicence, J.M
Work Experience
  • August 2012 to date, Dentons Shanghai Office, Partner
  • April 2005 – August 2012 AnHui Luwei Law firm, Manager Partner
  • April 2003 – April 2005 AnHui GangZheng Law firm, Partner
  • October2001–October2002 AnHui Antaida Law firm, Lawyer
Membership status of professional organizations

Presentation

  • Speaker, The ChoiceandChallenge of Arbitrator Panel Discussion held by ICC, SHIAC and Beijing DachengLaw Offices Shanghai Office LLP.
  • Speaker, Taxation Practice and TaxPlanning of Private Equity Panel Discussion held by Beijing Dacheng Law OfficesShanghai Office LLP and Jinmutong PE Research Institute.
  • Host, Better Dispute Resolutions, BetterInternational Business Contemporary Issues in Investment Arbitration Seminarorganized by ICC International Court of Arbitration.
  • Speaker, PPP Finance Policy Expert PanelDiscussion held by Department of Fiscal and Financial Affairs of NationalDevelopment and Reform Commission (NDRC) People’s Republic of China.
  • Speaker,Construction of “One Belt, One Road” LegalService Seminar organized by Shanghai Bar Association.
  • Workshop leader and Speaker, ASEANComparative Law seminar organized by Dentons (Shanghai) Law Offices, LLP.
  • Panelist, Moot Shanghai 2014,2015,2016,2017,2018.
  • Lecturer, Lecture over InternationalTechnology Transfer and licensing, International Arbitration, ABS, PPP inChinese Academy of Social Sciences,Tsinghua University ,Shanghai JiaoTong University、Fudan University.

 

Memberships

  • Director and Researcher, ASEANComparative Law Research Centre
  • Adjunct professor of Law, ShanghaiUniversity of Political Science and Law.
  • Arbitrator, Hefei Arbitration Commissionand Shijiazhuang Arbitration Commission.
Relevant qualifications
  • Licensed topractice law in P.R.CHINA, 2001
  • Licensed to operatesecurities investment funds
Publication

Monograph

 

  • Author, “Law and Practice of International Dispute Resolution”, LawPress, 2015.

 

Journal & Electronic bulletin boardonline

 

  • “International Commercial Litigationseries 6: 10 Q&Aof Arrangement Concerning Mutual Assistance in Court-ordered Interim Measuresin Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR”  Wolters Kluwer. 2019-04-24.
  • “International Commercial Litigationseries 5: JudicialPractice of Consular Legalization in China” Wolters Kluwer. 2019-04-02.
  • “International Commercial Litigationseries 4: How to recognizeand enforce the arbitration of HKSAR in the Mainland”  Wolters Kluwer. 2019-04-02.
  • “International Commercial Litigationseries 3: Interpretationof ‘Arrangement between the Courts of the Mainland and of the HKSAR on MutualRecognition and Enforcement of Judgments of Civil and Commercial Cases underthe Jurisdiction as Agreed to by the Parties Concerned’”  Wolters Kluwer. 2019-02-19.
  • “International Commercial Litigationseries 2: CaseCommentof ‘the court of PRC’s recognition and enforcement of the Trade Agreement’sValidity awarded by SIAC’”  WoltersKluwer. 2018-09-25.
  • “International Commercial Litigationseries 1: Interpretationof ‘Memorandum of Guidance Between the Supreme People’s Court of the PRC andthe Supreme Court of Singapore on Recognition and Enforcement of Money Judgmentsin Commercial Cases’” Wolters Kluwer. 2018-09-25.
  • “Several special problems in International Technology TransferAgreements”, WeChat Official Account admin platform in Beijing Dacheng LawOffices Shanghai Office LLP. 2018-07-12.
  • “International Technology Transfer Agreements”, China Business Law Journal Vol.9 No.4, 2018.
  • “Interpretation on theGuideline on Market-Driven Debt-Equity Swaps. ” WeChat Official Account adminplatform in Beijing Dacheng Law Offices Shanghai Office LLP. 2017-10-25.
  • “Taking example for sharedbikes, legal Compliance of information safety in intelligent terminal APP”, WeChat Official Account admin platform in Beijing DachengLaw Offices Shanghai Office LLP. 2017-10-16.
  • “Taking example for an infringement dispute over Locojoy againstAlibaba Cloud, whether the cloud service provider belongs to the internetservice provider? ” WeChat Official Account admin platform in Beijing DachengLaw Offices Shanghai Office LLP. 2017-08-23.
  • “Under the circumstances ofbig data age, legal Compliance of information safety between supplier andbusiness partner” WeChat Official Account admin platform in shanghai barassociation. 2017-08-08.
  • “Law and Practice ofInternational Dispute Resolution, ” WeChat Official Account admin platform inBeijing Dacheng Law Offices Shanghai Office LLP.  2016-05-18.
  • “Key Elements of International Commercial Arbitration Agreement. ”WeChat Official Account admin platform in Beijing Dacheng Law Offices ShanghaiOffice LLP. 2015-09-07.
  • “The definition of commercial bribery under administrative law inChina” WeChat Official Account admin platform in Beijing Dacheng Law OfficesShanghai Office LLP. 2015-03-26.
  • “Commentary on the bribery act 2010. ” WeChat Official Account adminplatform in Beijing Dacheng Law Offices Shanghai Office LLP. 2014-07-31.
  • “A Survey of the Investment law in theKingdom of Cambodia”, Foreing Investment In China, No.24, 2013;
  • “A Survey of the Investment law in Laos”, Foreing Investment InChina, No.22, 2013.
  • “A Survey of the Investment law in Thailand”, Foreing Investment InChina, No.20, 2013.
  • “A Survey of the Investment law in Singapore”, Foreing Investment InChina, No.20, 2013.
  • “Interpretation on Laws andRegulations in China concerning Cross Ownership among Join-Stock Companies”,Changchun University of Science and Technology Journal, Volume 5, 2011.
Awards
  • Author, Law and Practice of InternationalDispute Resolution, Law Press, 2015.
  • InternationalTechnology Transfer Agreements, China Business LawJournal Vol.9 No.4, 2018.
  • A Survey of the Investment law in the Kingdom of Cambodia, Foreing Investment In China, No.24, 2013;
  • A Survey of the Investment law in Laos, ForeingInvestment In China, No.22, 2013.
  • A Survey of the Investment law in Thailand,Foreing Investment In China, No.20, 2013.
  • A Survey of the Investment law in Singapore,Foreing Investment In China, No.20, 2013.
  • Interpretation on Laws and Regulations inChina concerning Cross Ownership among Join-Stock Companies, ChangchunUniversity of Science and Technology Journal, Volume 5, 2011.
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