Helen H Shi

Practice Areas

MS. SHI’S PRACTICE FOCUSES ON DISPUTE RESOLUTION, INCLUDING INTERNATIONAL COMMERCIAL ARBITRATION AND LITIGATION. MS. SHI ALSO SERVES AS VICE-PRESIDENT OF THE ICC COURT OF ARBITRATION AND CO-CHAIR OF THE IBA ASIA PACIFIC ARBITRATION GROUP.

Recognized by Chambers Partners as “an icon of arbitration”, Ms. Shi has acted in more than 100 cases, representing many multinational companies and large domestic enterprises in a wide range of disputes, including disputes arising from equity acquisitions, oil and gas projects, hotel management, aircraft leasing and construction. Ms. Shi represents clients in litigation before the Chinese courts and in arbitration before the ICC, SIAC, HKIAC, CIETAC and ad hoc arbitrations under the UNCITRAL rules.

Ms. Shi has also participated as an arbitrator in over 50 cases. Moreover, being an experienced legal practitioner, she has also provided Chinese legal opinions and testified as an expert in a number of Chinarelated overseas court cases and arbitrations, including court proceedings in Hong Kong and Canada as well as arbitration conducted before HKIAC and an ad hoc tribunal in London.

Before joining Fangda Partners in 2005, Ms. Shi practiced with an international law firm for six years in Beijing and New York City, focusing on dispute resolution. Her previous experience also includes three years as legal counsel at CIETAC in Beijing. Ms. Shi is qualified in China and the State of New York.

Whos Who Legal says: “Helen Shi is an acclaimed lawyer, recommended for her strong experience as both counsel and arbitrator in international commercial disputes.” Whos Who Legal, 2020

Chambers Partners remarks: “Helen is widely considered as one of the leading practitioners in the arbitration arena.” She is especially well known for handling SIAC and HKIAC cases and is regularly instructed by entities from the energy, media and investment sectors. She receives praise from many sources, one of whom remarked: “She is a clientoriented person and we have had good experience working with her. In terms of professional knowledge and ability to handle our needs, she is superb.” Chambers AsiaPacific, 2020

Professional Memberships

VicePresident of ICC Court of Arbitration

Vice Chair of the ICC China Arbitration Committee

CoChair IBA AsiaPacific

Former Member of the HKIACs Proceedings Committee

Listed Arbitrator for CIETAC

Listed Arbitrator for HKIAC

Listed Arbitrator for SIAC

Publications

-“Mainland Chinese Courts Can Order Interim Measures in Support of ICC Arbitrations Seated in Hong Kong”, ICC Dispute Resolution Bulletin (2020 ISSUE 1), April 2020

-“Create a New Model of Mutual Assistance of Interim Measures in Different Jurisdictions Mutual Assistance between the Courts of the Mainland and Hong Kong for Preservation Measures in Arbitration Proceedings”, Legal Daily, April 2019

-“Have PRC Courts Ordered Interim Relief Measures in Support of HKIAC Arbitration without an Express Legal Basis: What lies Ahead” , Kluwer Arbitration Blog, August 2018

-“PRC Chapter”, Coauthor, Asia Arbitration Handbook, Oxford University Press, 2011

-“China Chapter”, PLC Dispute Resolution Handbook Arbitration Handbook, 201011

Education

Experience

International Arbitration

Represented a Canadalisted UK oil and gas company in an over RMB 3 billion dispute with a Chinese stateowned company arising from an offshore natural gas project in Chinese territorial waters with two parallel arbitration proceedings: an ad hoc arbitration seated in Singapore under the UNCITRAL rules and a CIETAC arbitration

Represented a Korean industrial gas company in an SIAC arbitration concerning a dispute arising from the US counterpartys failure to perform its takeorpay obligation in a longterm gas supply contract

Represented a leading global US technology firm in an HKIAC arbitration regarding a licensing fee dispute over a standard essential patent. The dispute involved complex legal issues related to the determination of the price of a standard essential patent in accordance with the FRAND principle

Represented a major German investment company before CIETAC in a real estate dispute for over RMB 720 million with a Chinese real estate developer. The case spanned 10 years and involved various procedural and substantive issues

Represented a prominent US investment fund before CIETAC in a cooperation dispute and successfully obtained an award of around RMB 300 million for the fund

Represented a multinational hotel chain management group in concurrent CIETAC and HKIAC arbitration proceedings and the subsequent settlement process arising from a US70 million dispute over the development and management of highprofile hotel and residence projects

Represented a Chinese real estate developer in successfully reaching a settlement favorable to the developer in a dispute before CIETAC with two WOFE purchasers over the sale of a real estate project located in Beijing’s Central Business District valued at over US300 million

Represented a Chinese company providing online business services in a share transfer dispute before HKIAC, involving contractual and tort claims, as well as various parallel arbitral proceedings and litigation in Chinese courts

Represented the most famous Chinese herbal tea brand before CIETAC in a highprofile CIETAC arbitration involving unique trademark licensing issues related to trade dress and stateowned enterprises

Represented a Spanish manufacturer in a joint venture dispute before the ICC

Cross-border Litigation

Representing a leading British aircraft engine manufacturer before a Chinese court in litigation over claims of more than US47 million arising from a plane crash

Represented a Brazilian aircraft manufacturer in disputes arising from the fatal Henan Airlines Flight 8387 crash

Represented an Irish aircraft leasing company before Chinese courts against a private Chinese airline company and assisted the client in obtaining and enforcing a US12 million judgment

Represented one of Chinas largest pharmaceutical companies together with attorneys engaged by MOFCOM and attorneys representing other defendants in a series of multidistrict class action suits in the US involving allegations of price fixing of Vitamin C

Represented a US agricultural products trading and futures company in successfully challenging a Chinese courts attachment of agricultural goods valued at RMB 400 million, with the attachment being removed in time to prevent the spoiling of the agricultural goods

Represented a South African company in the enforcement of an ICC award before a local court in Shanghai