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Huixiao Han
Han Huixiao Senior Partner
Dispute Resolution
Corporate and M&A
Bankruptcy, Restructuring and Insolvency
Finance
Detailed introduction
Mr. Huixiao Han is a senior partner in the Litigation and Dispute Resolution and Arbitration practice groups of Dentons Shanghai Office since 2014. Mr. Han formally started practising law in Shanghai since 1994. His main areas of practice cover dispute resolution in the field of commercial law. He also serves as an arbitrator for the Shanghai Arbitration Commission and possesses more than 20 years of professional experience providing legal services for various types of enterprises. In 1999, Mr. Han obtained qualifications from the Ministry of Justice and the China Securities Regulatory Commission to practice as a securities lawyer.
Mr. Han has a wealth of experience practicing law in the financial sector. He has represented China's Big Four state-owned banks in a number of major or collective litigation and enforcement cases. He has also provided non-litigation legal services for the financing projects of China's Big Four state-owned banks. In addition, Mr. Han also has a wealth of experience in litigious and non-litigious negotiations in other commercial fields. He served as the attorney to the real estate department of a Military Region in a lawsuit involving leasing contracts for the plots of the Military Region in Jinshan District, Shanghai, assisting it to recover heavy losses. He also represented Shanghai Printing Group in a company dissolution lawsuit. After a three-day trial, the company dissolution request was finally supported by the provincial high people's court, and the state-owned enterprise recovered substantial losses.
The statements made by Mr. Han as an attorney in a trial by the Supreme People's Court were included in the book entitled Appearing in the Supreme People's Court published by the People's Court Press.
- Provided a full range of legal services for Shanghai State-Owned Assets Operation Co., Ltd.'s disposal of non-performing loans within ICBC's non-performing asset portfolios, successfully executing the disposal of all property to recover more than RMB100 million of debt for the bank and Shanghai State-Owned Assets Operation Co., Ltd.
- Represented a branch of Industrial and Commercial Bank of China Limited in dozens of disputes over a series of financial loan contracts involving hundreds of millions of Renminbi and won the lawsuit; and investigated the assets of all debtors or guarantors to recover heavy losses.
- Represented the real estate department of Nanjing Military Region in the second instance trial in order to hold a lessee of the plots owned by it in Jinshan District, Shanghai liable for breach of contract and assisted it to successfully recover heavy losses.
- Represented Shanghai Printing (Group) Co., Ltd. in appearing in the Jiangxi Provincial High People's Court for dissolution of a joint venture in Jiangxi. After a three-day trial, the company dissolution request was finally supported by the Provincial High People's Court, and the state-owned enterprise recovered substantial losses.
- Represented Shanghai Film Co., Ltd. in a case concerning an administrative penalty that its film and television base might be taken back by the government, participated in the hearing organized by the planning and land administration departments as its attorney, and successfully convinced the planning and land administration departments into withdrawing the administrative penalty.
- Represented an internationally renowned luxury brand in a dispute over the termination of an agency contract, and won the support of the courts of the first and second instances when seeking to hold the domestic agent liable for its huge losses.
- Represented Japan-based Daiwa Company in demanding payment of RMB100 million in arrears from a large solar energy materials manufacturer in Jiangsu; after several years of trial, the court issued a judgement in favor of the client; the client applied for enforcement of such judgement and successfully recovered the arrears in full.
- Represented China Hewlett-Packard Co., Ltd. in a financial leasing dispute involving a large amount of money, requesting the lessee to pay the rent in full; the court issued a judgement in favor of it; the client applied for enforcement of such judgement and successfully received the rent.
- Represented Industrial and Commercial Bank of China Limited in handling a RMB 300 million loan guarantee contract dispute; the Shanghai High People's Court supported the bank to hold the guarantor liable because the borrower went bankrupt, though the guarantor defended itself by saying that the master contract was amended and that the limitation period expired.
- Verified transaction structure for Industrial and Commercial Bank of China Limited Shanghai Branch's equity financing project with a listed real estate company; drafted and reviewed transaction documents such as special asset management plan contracts/single fund trust contracts, investment agreements, guarantee contracts, pledge agreements, supervision/escrow agreements, repurchase agreements, project charters and resolutions by shareholders' meetings and boards of directors and other relevant legal documents; and issued legal opinions on the project.
- Advised a major investment management centre on its investments in sci-tech companies, including conducting due diligence on the target companies, offering legal advice on the investment structure, and reviewing the legal documents to be submitted to the government for examination and approval.
- Issued legal opinions for a state-owned real estate company on its issuance of corporate bonds.
- Provided legal services to the People's Bank of China Shanghai Branch in the special rectification project involving third-party payment agencies in Shanghai, which was a sub-project of the Internet-based Financial Rectification Project.
- LL.B., Fudan University
- LL.M., University of Hertfordshire
- 2014 - date Senior Partner, Dentons Shanghai Office
- 2005 - 2014 Senior Partner, Shanghai Haworth & Lexon Law Firm
- 1994 - 2005 Attorney-at-law/Deputy Managing Partner, Shanghai Yuefeng Law Firm
- 1994 - 1994 Attorney-at-law, Shanghai Yulan & Partners Law Firm
- 1990 - 1994 Officer, Shanghai Transportation Bureau Materials Department
- Arbitrator of the Shanghai Arbitration Commission
- PRC licensed lawyer
"The Civil Code is about to take effect, with numerous unknowns in the new code, how should legal interpretation be conducted?" (Business Law Magazine, October 2020)
"In the face of the current judicial practice of 'rejection upon criminal charges, how can cross-disciplinary civil and criminal cases break the deadlock?" (Business Law Magazine, February 2021)
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