Guofei Lu

Practice Areas

Real Estate; Construction; Infrastructure; PPP; M&A; Disputes Resolution.

Mr Lu specialises in urban and rural development and construction, investment and financing, and related dispute resolution. He has a wealth of experience in comprehensive legal services and the ability to resolve difficult and complex commercial disputes, and has twenty-two years of experience in the field:

Real estate: land consolidation and reserve, various property development and operation, comprehensive development of parks and districts, and various types of urban renewal.

Construction engineering: construction engineering, infrastructure construction, energy project construction, and EPC engineering, FIDIC contract.

Project Investment and Financing: corporate M&A, project M&A, PPP projects, private equity investment, insurance investment, various types of debt issuance, real estate asset securitisation and REITs.

State-owned Assets and Enterprises: enterprise state-owned assets transactions, state-owned enterprises restructuring, state-owned assets compliance, government procurement

Commercial Dispute Resolution: Litigation, arbitration and commercial mediation in the fields of contract, property rights, security and company law.

Career

Managing Partner of Shanghai Bangxinyang Law Firm, Director of National Real Estate and Construction Engineering Practice Committee, Senior Lawyer, Construction and Real Estate Lawyer, graduated from East China University of Political Science and Law, majoring in Economic Law in 2002, and joined Shanghai Bangxinyang Law Firm (former Shanghai Zhongjian Law Firm) and has been practicing since then.

Professional Memberships

Arbitrator of Shanghai Arbitration Commission, Mediator of Shanghai Economic and Trade Mediation Centre, Member of Legal Expert Pool of Huangpu District Committee of the Communist Party of China, Director of Shanghai Lawyers Association, Director of Discipline (Discipline) Committee and Practice Dispute Mediation Committee of Shanghai Lawyers Association, Director of Law Society of Huangpu District of Shanghai, Legal Advisor of Dafeng District Government of Yancheng City, Jiangsu Province, External Career Mentor of Lawyers College of East China University of Political Science and Law, Director of Shanghai Real Estate Association of Federation of Industry and Commerce, Director of Shanghai Economic and Trade Mediation Centre, Chairman of Legal Branch of Shanghai Real Estate Association Director of the Shanghai Real Estate Chamber of Commerce of the Shanghai Federation of Industry and Commerce, Deputy Director of the Youth Working Committee of the Shanghai Economic and Trade Mediation Centre, Member of the Legal Committee of the Shanghai Real Estate Economics Association, and many other professional positions in the industry.

Personal

Mr Lu has been listed as one of the leading lawyers in the field of construction and engineering in China by the internationally renowned legal rating agency Chambers and Partners for seven consecutive years since 2018, Band 2 in Construction Engineering, Band 2 in Real Estate, and also listed in China Business Law Journal's " The A-List Legal Elite" in 2023-24, 100 Chinese wise leaders, The Legal 500 recommended lawyers in the field of real estate and construction engineering, Benchmark Litigation construction engineering and real estate dispute resolution stars, etc.; won the Supreme People's Procuratorate Civil and Administrative Procuratorate Expert Consultation Network Outstanding Expert in Civil Consultation in the Second Period (2022); awarded "Shanghai's Fourth Outstanding Young Lawyer" by Shanghai Lawyers Association in 2011; awarded Special Contribution Award in 2016, Legal Service Achievement Award in 2017, and Outstanding Worker Award in 2020 by Shanghai Real Estate Chamber of Commerce of Industry and Commerce. He was awarded the Special Contribution Award in 2016, the Legal Service Achievement Award in 2017, the Chamber of Commerce Outstanding Worker Award in 2020, and the Chamber of Commerce Outstanding Worker Award in 2021-2023.

Publications

Current Situation and Suggestions of Advance Notice Registration (Co-author: Xi Zhenghui); The Legal Fate of Land Reserve from the "Return" of Expropriation; Legal Reflections on the Restriction of Transfer of Industrial Land--Annotation on the Legal System of Industrial Land; Exploration of Legal Issues Related to the Right to Use Construction Land for Multiple (co-author: Qin Rui); "Theoretical and Practical Discussion on the Transfer of Construction Land Use Right" (co-author: Li Gang), respectively published in the core publication of legal science-CSSCI source journals, China Real Estate Law Research, vols. 6, 7, 8, 10 and 12, sponsored by the School of Civil and Commercial Law of Southwest University of Political Science and Law and published by Law Press.

Clients

China Resources Land, China Aviation Oil Group Logistics Company, China Railway Shanghai Design Institute Group, Shanghai Branch of Industrial and Commercial Bank of China, Hudong-Zhonghua Shipbuilding Group, Shanghai Lingang Group, Huajian Group, Shanghai Electric Group, Shanghai Airports Group Procurement Centre, Bailian Company, Shanghai Construction Engineering Properties, Jinjiang International Industries, Greenland City Investment, Financial Street Holdings, Zhongrui Holdings, China Machinery Guoneng Power, Ping An Capital Management, Huitianfu Fund, Shanghai Jinjiang Shipping Group, Jiangsu Pingling Group, LEGO China, ASCOTT China, Diageo China, GARTNER Shanghai, Shanghai Huangpu District Construction Committee, Dalian High-tech Zone Management Committee, etc.

Work Highlights

From 2008 to 2020, a district government in Shanghai dealt with the historical legacy of the replacement of development rights of land parcels on both sides of the road along a section of the road covered by an enterprise involved in the municipal relocation of the Fuxing East Road Widening Project implemented by a former district government.

In 2010, a district government of Shanghai tendered the land parcel of "The Bund International Financial Service Centre" - the first single of the "tick-box system" in Shanghai.

From 2011 to 2018, a state-owned shipping group entered into a joint venture with two well-known Japanese warehousing and logistics companies to acquire the construction work in progress and the whole process of construction of large-scale warehousing plots in Waigaoqiao Logistics Park - selected by the Ministry of Justice's casebook.

2015-2016, a real estate investment company and its Inner Mongolia project company were sued in Shanxi Provincial High Court for more than 100 million yuan of loan guarantee liability and mixed personality joint and several liability disputes, and successfully prompted the plaintiffs to voluntarily withdraw their lawsuits and refrain from suing again.

From 2015 to 2019, the Shanghai Municipal Government and the Jiangsu Provincial Government and the relevant state-owned enterprises of the two places co-operated to jointly build the "Shanghai-Suzhou-Dafeng Industry Linkage Cluster" project - implementing the "Yangtze River Delta Integration" and the "Yangtze River Delta Integration". Yangtze River Delta Integration" and "Yangtze River Economic Belt" national strategy project.

In 2016, a listed company (a sub-group of a central enterprise) applied to the court to withdraw the arbitration award in the dispute over the general contracting for the construction of an office building, and successfully reduced one-third of the project payment by approximately RMB 60 million - a successful case of withdrawal of the award.

2016-2021, a Hong Kong listed company (a branded real estate company) in Shanghai Wujiaochang landmark building construction general contracting disputes in the Shanghai Municipal High Court claims and counterclaims, involving about 2.3 billion yuan, successfully resolved the general contracting unit of the client's construction costs in addition to the various claims

In 2018, Shanghai introduced Tesla to invest in the construction of a new super factory in Lingang Industrial Zone - the largest foreign-funded manufacturing project in Shanghai's history, and the construction of Shanghai as a "science and innovation centre with global influence" and a "global city of excellence" under the national strategy. National strategic project of Shanghai to build a "globally influential science and technology innovation centre" and a "global city of excellence", the first wholly-funded factory project of a foreign-funded automobile company in China, and the "Outstanding Transaction of the Year 2018" legal service of China Business Law Journal.

2019-2020: Complaint case of land grant dispute of a Shanghai industrial park company, protested by Shanghai Procuratorate, retried by Shanghai Higher Court, successfully remanded for retrial and mediation, with a reduction of nearly 80% of the compensation amount of more than RMB 60 million - selected in the Ministry of Justice's casebook.

2020-2021, Protection and Comprehensive Renovation Project of the Former Bureau of Public Works Building (Former Shanghai Municipal People's Government Building) in the Shanghai Public Concession - Shanghai Urban Renewal Demonstration Project, the first project to start the renovation of the second façade of the Bund in Shanghai.

Industry Sector Expertise

Real Estate, Construction Engineering, Project Investment and Financing, State-owned Enterprises, Commercial Dispute Resolution

Expert in these Jurisdictions

Mainland China

Languages Spoken

Chinese

Education

Awards