Chen Jianyun | 上海虹桥正瀚律师事务所

陈剑云 Senior Lawyer

+86 20 38686851

Attorney Chen’s practice focuses on major financial litigation, successfully handling cases in areas including asset management, bonds, and trusts. He possesses extensive practical experience in managing various types of financial cases, having cumulatively represented financial institutions in disputes involving over 10 billion RMB. He has demonstrated outstanding performance in inter-financial institution disputes and in representing financial institutions as defendants. He has a mature theoretical framework for controlling business risks in financial institutions and has conducted legal training for multiple financial institutions. The business trust dispute case he represented for a financial institution against a trust company stood out among over 370,000 cases in Guangzhou in a single year, cumulatively securing 1.907 billion RMB in substantial compensation for the client. The case received the “2021 Guangzhou Lawyers Association Business Achievement Award,” “CHINA BUSINESS LAW JOURNAL – Deals of the Year 2022,” and the “Third Golden Thread Judicial Case Award · Finance and Investment.”

Representative Cases

A dispute between a financial institution and a listed company over a deficiency payment agreement. This case marked the first nationwide ruling to hold that, even as an independent contract, such agreements must still be governed by guarantee rules, with the amount involved reaching 5.7 billion RMB.

A business trust dispute between a financial institution and a trust company. The second-instance judgment was revised, ruling that the trust company bear full compensation liability of 621 million RMB. This case represents a typical breakthrough in the industry, challenging the conventional notion in the asset management field that "if the plan is not liquidated, losses are uncertain."

A business trust dispute between a bank and a trust company. Successfully provided evidence that the trust company committed serious violations, including shareholders misappropriating trust funds, resulting in the trustee ultimately bearing 100% compensation liability, totaling 1.5 billion RMB.

A commercial housing dispute between a financial institution and a developer. Successfully secured an additional 50 million RMB in penalty payments beyond the contract terms, assisting the client in recovering 600 million RMB in funds that had been tied up for five years within nine months.

A business trust dispute between a bank and a trust company. The case was heard in the first instance by the Beijing Financial Court. The trust company violated agreements regarding fund allocation and improperly engaged in fund pool operations, with the amount involved reaching 1.8 billion RMB.

信托公司与某国企保证合同纠纷，一审深圳中院审理，涉及主债务人破产下，保证人的管辖确定以及保证责任承担与否问题，案涉标的额金额15亿元，在一审驳回全部诉请不利局面下，二审广东高院改判支持全部诉请。

A dispute over entrusted wealth management between banking peers. Represented the bank as defendant in arguing whether it had fulfilled its duty of diligence and care in management, with the amount involved totaling 50 million RMB.

Represented a bank in responding to a depositor tort dispute. A bank employee (deputy branch manager level) engaged in unauthorized wealth management product sales ("flying orders"). The depositor sued the bank based on claims of employment conduct or apparent agency, with the amount involved exceeding 70 million RMB. Ultimately, the bank was held liable for only 15% of the compensation.

Represented a bank in filing a series of asset transfer agreement dispute cases against another bank. The cases involved intersecting criminal and civil matters, with the criminal case supervised by the Ministry of Public Security. The total claim amount across the civil cases accumulated to 1 billion RMB.