Huixiao Han

Practice Areas

HAN’s main practice area is commercial dispute resolution, and he has handled major disputes involving finance, real estate and construction, corporate disputes, disposal of non-performing assets and other fields. He is also actively engaged in practice areas such as Dispute resolution, Finance, Company and Mergers and Acquisitions, Bankruptcy and liquidation.

Career

HAN earned his undergraduate degree from Fudan University and pursued a Master’s degree in Law after being selected by the Shanghai Municipal Justice Bureau for studies in the United Kingdom in 2002. With 31 years of legal practice since 1993, He has engaged in extensive research on the foundations of basis of legal claim, legal methodology, legal hermeneutics, and other legal theories, and can adeptly apply his research findings to efficiently handle significant, intricate, and complex dispute resolution cases, meticulously outlining clear legal relationships and conducting targeted, rigorous legal analyses and arguments. His consistent commitment to in-depth involvement in business dispute resolution has led to favorable litigation outcomes for cases he represents.

Professional Memberships

HAN has been an arbitrator of the Shanghai Arbitration Commission for a long time and an arbitrator of the Shanghai International Economic and Trade Arbitration Commission and Wuhan Arbitration Commission.

This role also allows him to examine dispute resolution from the point of view of referees, and reversely guides him on the focus, points and details of cases that he should pay attention to when acting as a lawyer in dispute resolution cases, so as to fully grasp the trend of cases and helps his clients achieve the most satisfactory results in every important case.

Publications

“In the era of the Civil Code, new challenges arise in commercial disputes”, China Business Law Journal, October 2020

“How to solve the problem of civil case rejected in civil criminal cross disciplinary cases”, China Business Law Journal, February 2021

Clients

HAN has provided legal services for many financial institutions, listed companies, foreign enterprises, state-owned enterprises, etc.

The clients HAN serves include Industrial and Commercial Bank of China, Bank of Communications, Bank of Shanghai, Ping An Bank, Shanghai Pudong Development Bank, CREC, CCTAMC, BSAM, Zhonghai Real Estate, Zhongnan Real Estate, Rongxin Group, O-film Group, Amorpacific Corporation, etc.

Work Highlights

HAN is the Director of the Dispute Resolution Department and a Senior Partner at Dacheng Shanghai Office. Concurrently, he serves as the Director of the Dispute Resolution Committee for China Region and the Head of the Tax and Financial Supervision Group of the Supervisory Committee for China Region at Dacheng Law Offices (“Dacheng”). He has also held the position of Director of Dacheng China Region.

Throughout his legal career, attorney HAN has been engaged in commercial dispute resolution, managing numerous major and critical cases. In the just-concluded year of 2023, he maintained a focus on significant commercial disputes, with an even more diverse range of professional and industry domains covered. The subject matter of cases handled by him often involves exceptionally high target amount, coupled with complex facts and extremely challenging processing difficulties.

Accumulating extensive experience from handling significant, challenging, and complex cases over the years, attorney HAN has developed a wealth of strategies. He possesses a deep understanding of the distinct demands of different types of enterprises in various industries, including large state-owned enterprises, commercial banks, major private enterprises, and listed companies. In representing clients’ entangled cases, HAN adeptly combines legal theory with practical experience to tailor constructive dispute resolution strategies for each enterprise, ultimately achieving the maximization of clients’ interests.

Industry Sector Expertise

HAN has the qualification of securities lawyer and is familiar with the professional knowledge of the financial industry.

Expert in these Jurisdictions

PRC

Languages Spoken

Chinese and English

Experience

Specifically, attorney HAN has handled several representative cases:

Acting on behalf of Fuligubohr Co., Ltd., based on their favourable judgment (in a dispute of contract for sale) with Ningbo Yongchang Industrial & Trading Co., Ltd. in a Polish court, HAN applied for recognition and enforcement in Ningbo Intermediate People’s Court. Through comprehensive analysis considering years of litigation in the Polish court, bilateral judicial assistance agreements, and relevant Chinese laws, he successfully obtained support of the court. This case has been included in the first batch of guiding cases related to the “The Belt and Road” construction by The Supreme People’s Court of The People’s Republic of China.

Successfully representing Xinzhou YANG in a shareholder dispute with Xiong KU (Japanese), where attorney HAN took over the case after Yang Xinzhou’s initial defeat in the first instance. He ultimately assisted in securing a victory in the retrial, marking China’s first case involving a BVI company director harming shareholder’s interests. The case was recognized by the Shanghai High People’s Court one of the typical case on proof of foreign law in foreign-related commercial trials in Shanghai.

Successfully handling a series of financing sale contract disputes for China Railway Wujing Steel Co., Ltd. Despite an unfavourable situation in the trial of first instance, attorney HAN intervened and adjusted litigation strategies to secure full support for the Client’s claims in both trials of first and second instances, successfully recovering the substantial loan and interest through execution, avoiding significant losses.

Representing Chongqing Nan Chuan District Qingyun Industrial Co., Ltd. and Bosai Minerals Group Co., Ltd. (“the Client”) in a lease contract dispute with an amount of CNY 160 million. Attorney HAN developed a multi-level arbitration strategy tailored to maximize their interests.

Successfully disposing of significant non-performing assets for Shanghai State-owned Assets Operation Co., Ltd., coordinating with the court and relocation office to directly deduct funds from the local government’s account, preventing substantial losses for them.

Handling an administrative case for Shanghai Film Group to reclaim idle land, which falls under the supervision and follow-up by the Ministry of Finance. Despite the decision by the Planning and Natural Resources Bureau of Songjiang District to reclaim the land, the administrative reconsideration process has successfully prevented the land from being taken back.

Handling a shareholder rights dispute case for Whole Easy Internet Technology Co., Ltd. Attorney HAN took over the case after the Client’s loss in the first instance and ultimately won the lawsuit in the second instance. It is the first case involving a shareholder of a listed company reneging on their decision to abandon proposal and voting rights but still wanting to exercise shareholder’s rights according to their preference.

Education

Awards