姚慧芸 Partner

+86 21 20304127

yaohuiyun@zhenghan.com

Personal Introduction
Yao Hui Yun

Attorney Yao specializes in complex financial and commercial litigation and arbitration. To date, Attorney Yao has participated in over 300 court hearings, with more than 160 publicly searchable judicial documents, and has cumulatively handled cases involving amounts totaling tens of billions of RMB. Skilled in designing multi-dimensional dispute resolution pathways for clients to win cases, the practical course “Strategy Formulation for Complex Commercial Dispute Resolution,” which he created based on case-handling experience, has been widely praised by clients, legal peers, and university students. Attorney Yao also possesses unique insights into second-instance and retrial cases, having repeatedly helped clients turn unfavorable outcomes into victories during second-instance and retrial proceedings.

The unfair competition case represented by Attorney Yao was selected as one of the “50 Typical Intellectual Property Cases of Chinese Courts in 2020” and one of the “Top 10 Intellectual Property Judicial Protection Cases in Shanghai Courts in 2020.” It was also included in the renowned legal media *China Business Law Journal* as an “Outstanding Deal/Dispute Resolution Case of 2021” and received the “Golden Thread Innovative Legal Technology Judicial Case Award.” The case was extensively covered by media outlets such as East Money, Shanghai Legal News, Tencent, and The Paper.

He currently serves as a mediator at the Shanghai Oriental International Commercial Mediation Institute, a part-time mediator at the Shanghai Banking and Insurance Dispute Mediation Center, and a practical course instructor at Fudan University and Shanghai Jiao Tong University.

Represented Shanghai Lujiazui International Financial Asset Exchange Co., Ltd. and Shanghai Lufax Internet Financial Information Service Co., Ltd. in an other unfair competition dispute with Xi'an Luzhitou Software Technology Co., Ltd. The case was selected as one of the 2020 National Top 50 Typical Intellectual Property Cases and one of the Shanghai Top 10 Intellectual Property Cases. It was recognized by the renowned legal media *China Business Law Journal* as an "Outstanding Deal/Dispute Resolution Case of 2021," awarded the "Golden Thread Innovative Legal Technology Judicial Case Award," and widely covered by media outlets including East Money, Shanghai Legal News, Tencent, and The Paper.

Represented a Chinese Fortune 500 company in handling an equity transfer dispute with a financial institution. The transaction value was RMB 12.1 billion, involving issues such as approval for the transfer of financial institution equity, contract validity, and liability for pre-contractual fault. After deliberation by the judicial committee of the Shanghai Financial Court, the first-instance judgment was favorable. The favorable outcome was upheld in the second instance by the Shanghai High People's Court and in the retrial by the Supreme People's Court.

Represented a state-owned enterprise in handling an equity transfer dispute concerning a real estate project, which was the case with the largest claim amount at the Shanghai Arbitration Commission in 2017, involving an amount of RMB 3.2 billion.

Represented a state-owned enterprise in an investment project dispute at the Hong Kong International Arbitration Centre, where the United Nations Commission on International Trade Law Arbitration Rules were applied. The disputed transaction amount exceeded 1.8 billion RMB.

Represented a Fortune 500 company in handling a shipbuilding project dispute at the Shanghai International Arbitration Centre, involving a dispute amount exceeding 250 million RMB.

Represented a state-owned trust company in handling a loan contract dispute, involving the preservation and disposal of pledged shares of a listed company on the verge of delisting. The claim amount was RMB 1.4 billion, and the case was the No. 1 case of the Shanghai High People's Court in 2019.

Represented a bank in handling a loan contract dispute, with a claim amount exceeding 2 billion RMB, adjudicated at first instance by the Shanghai High People's Court.

Represented a trust company in handling a suitability obligation and fiduciary management responsibility dispute case, where the outcome affected a compensation amount of 450 million RMB.

Represented a bank in a securities misrepresentation lawsuit where it was the defendant, marking the first case in the Shanghai Financial Court where a banking financial institution was sued for securities misrepresentation after the new judicial interpretation on securities misrepresentation came into effect.

Represented a bank in handling an illegal guarantee case involving a listed company and its subsidiary, which was the first case of its kind nationwide after the Civil Code came into effect. The vice president of the Shanghai High People's Court personally presided as the chief judge. The claim amount was RMB 300 million.