Benjamin Miao

Practice Areas

MR. MIAO SPECIALISES IN CHINA‐RELATED COMMERCIAL DISPUTE RESOLUTION.

Career

Before joining Fangda Partners, Benjamin spent six years with a leading UK law firm in Hong Kong and Shanghai and one year with a major business consulting firm in Paris.

Professional Memberships

Admitted to practice in the PRC (1998)

Publications

Mr. Miao frequently speaks at conferences and contributes to professional journals on topics including dispute resolution, insurance, corporate governance and insolvency. He was invited to co-author the Chapter on the People’s Republic of China of Asia Arbitration Handbook published by Oxford University Press in 2011.

Languages Spoken

-Chinese

-English

-French

Education

Experience

Commercial Arbitration and Litigation:

-Represented a European luxury goods company in a major commercial litigation before a high court and in the related consumer protection inquiries from the authorities in China.

-Advised a US oil & gas company on a potential ICC arbitration against a Chinese state-owned oil company in a dispute arising from a gas exploitation contract governed by Chinese law.

-Advised a major US financial services company in its ICC arbitration in Hong Kong in a dispute arising from a share transfer agreement and escrow agreement.

-Represented a Korean industrial gas company in an SIAC arbitration in a dispute arising from the termination of a long-term gas supply contract.

-Represented a major European industrial gas company in a CIETAC arbitration in a dispute arising from the termination of a long-term gas supply contract.

-Represented a US industrial gas company in its recovery of payment under MTOP clauses through a CIETAC arbitration.

-Represented a major Chinese state-owned construction company in its arbitration under UNCITRAL rules against the Tanzanian government in a USD 100 million dispute over the termination of a road construction contract in Tanzania.

-Represented a Chinese business celebrity in an ad hoc arbitration under UNCITRAL rules in Hong Kong in a USD 50 million claim for breach of warranty under a share purchase agreement.

-Represented a Russian automobile company on PRC law issues in an HKIAC arbitration over a claim for approximately USD 100 million arising from a dispute in CKD/CBU supply contracts.

-Represented a major European industrial company in its CIETAC arbitration against a general contractor in a dispute over construction pricing and delay.

-Represented a German industrial company in its defense and counterclaim in a SHIAC (formerly CIETAC Shanghai Sub-Committee) arbitration against a Chinese buyer in a dispute over a sales contract.

-Represented a multinational hotel chain in arbitration proceedings before CIETAC and in related court actions concerning the termination of a joint venture agreement in China.

-Represented an overseas private equity fund on the rescission of a share purchase agreement based on the counterparty misrepresenting the target company’s assets and advised on CIETAC arbitration strategy.

-Represented a European industrial company in CIETAC arbitration in recovering equipment supply price in an equipment supply contract.

-Represented a major European industrial company in a CIETAC arbitration against a Chinese company over supply contract disputes arising from quality issues.

-Represented a US real estate development company in a CIETAC arbitration over the repayment of shareholders loans.

-Represented a Hong Kong investment company in arbitration proceedings before CIETAC and HKIAC in its dispute with several state-owned companies in Guangdong over an infrastructure joint venture project.

-Represented a foreign-invested leasing company in its SHIAC (formerly CIETAC Shanghai Sub-Committee) arbitration against a lessee in an approximately RMB 200 million dispute arising from a financial leasing contract.

-Represented an international aircraft leasing company in litigation on the termination of its lease contract with two Chinese airlines and on the repossession of aircraft.

-Represented a European shipping company against its Chinese joint venture partner in a joint venture termination dispute before the higher court in Hubei Province.

-Advised the liquidators appointed for a BVI insolvency proceeding on the control and transfer of assets in China.

-Represented a French trading company before the higher court of Fujian Province in a supply contract dispute with a Chinese supplier.

Regulatory and investigation:

-Acted for a US industrial company in its internal investigation into fraud in construction project procurement.

-Represented a major US investment fund in a criminal investigation against a senior executive at several portfolio companies in China.

-Represented a European manufacturing company in a police investigation into embezzlement by former employees.

-Acted for an international telecom company in its internal investigation into contract fraud.

-Acted for a UK food company in its investigation into self-dealing by senior executives in construction projects.

-Acted for a German industrial company in the prosecution of an employee for embezzlement.

-Acted for a US investment bank in a police investigation into commercial bribery by employees.

-Represented an international bank in CSRC and CFFEX investigations into the bank’s futures trading.

-Represented numerous major multinational pharmaceutical and medical device companies in AIC investigations into bribery and unfair competition.

-Acted for multiple US pharmaceutical companies in their internal investigations into fraudulent expense claims and in the related legal actions.

-Advised a European industrial company in its handling of an employee’s fraudulent expense claims and in the related criminal proceedings.

-Represented a European industrial company in the investigation by the Anhui tax authority into VAT-related fraud.

-Advised numerous multinational companies on anti-bribery law matters and government investigation procedures Advised numerous multinational companies on data protection issues, including under Chinese state secrecy laws and data privacy laws.

-Advised a major US industrial company on its defense in Tianjin courts against employee allegations of defamation and physical and verbal abuse.

-Represented a multinational industrial company in the dismissal of senior executives and the implementation of mass layoffs in Chinese subsidiaries and in the related labor arbitration and litigation.

-Acted for a UK industrial company in its internal investigation into self-dealing and represented the company in the related employment disputes.

-Acted for a UK industrial company in its internal investigation into collusion between employees and distributors to infringe upon the company’s intellectual property and advised the company on solutions.

-Advised a major European property management company on employee fraud in the breach of non-competition covenants and on the related litigation.

-Advised a US luxury product group on the investigation into its employees taking bribes from suppliers and on the related disciplinary and legal actions.

-Represented a major US real estate investment group in its joint venture dispute with a Chinese state-owned company and represented senior joint-venture executives appointed by the US investor in their defense against a shareholder’s claim of breach of care.

-Advised a major US industrial company on issues relating to bid-rigging in tender processes in China.

-Advised a US healthcare company in a major AIC investigation into direct-selling activities in China.