Translator：Jiang Wenyu

01

Partial Overseas Projects and Cases

Senior Partner Zhang Bing and Lawyer Zhuang Yu represented a well-known international logistics company in an aircraft engine transportation dispute with a Dutch company, providing dispute resolution services.

Senior Partner Li Xinli represented a Shanghai import and export company (defendant) in a mask export compensation dispute with a Jiangsu company (plaintiff). The contract was signed in early 2020 during the outbreak of the epidemic, but it was not fulfilled due to reasons. The plaintiff filed a lawsuit in April 2023 to Kunshan Court, demanding the defendant to continue performing the contract and pay 13.9 million yuan. After accepting the commission, Lawyer Li carefully prepared and fully argued a defense with solid reasoning. Additionally, a counterclaim was filed to request a refund of the prepaid 2 million yuan. In September, the first-instance court ruled to reject most of the plaintiff's claims. After deducting the already paid amount from the defendant, the defendant was not required to make significant payment to the plaintiff. The parties involved expressed satisfaction with this outcome.

Senior Partner Zhou Shichao and Lawyer Zhao Yafang provided legal advisory services to a Czech company for purchasing medical products from Chinese suppliers.

Senior Partner Zhang Bing, Lawyer Zhuang Yu, and Trainee Lawyer Xu Guanyan provided legal opinion letters regarding Southeast Asian bank guarantee business inquiries for an internationally renowned new energy enterprise.

Senior Partner Huang Xueshan, Lawyer Lin Yaochang, and Trainee Lawyer Hu Yan provided perennial legal advisory services such as reviewing the Mexican subsidiary's articles of association and daily consultation for a special electromagnetic wire company.

Senior Partner Zhou Shichao and Trainee Lawyer Tang Yushuang provided legal services for a US company's purchase of camping trailers in China.

Senior Partner Zhang Bing, Lawyer Hu Rui, and Trainee Lawyer Hu Rui represented a Chinese automotive parts manufacturing company in resolving international trade disputes with a well-known Russian automotive group regarding international cargo trade.

In a case involving an international will inheritance retrial, wherein the overseas will established a testamentary trust that encompassed real estate and other assets in mainland China, Senior Partner Tian Jie, representing the executor and trustee, achieved a significant victory. The court confirmed the authority of the foreign estate administrator and trustee to manage, utilize, and dispose of the real estate within mainland China. This ruling is the first known judgment supporting the exercise of trust management powers by foreign trustees over domestic real estate in cases involving overseas will trusts and domestic properties.

Lawyer Lin Yaochang and Trainee Lawyer Hu Yan provided specialized legal services by offering legal opinions on audio software copyright infringement for a technology company in Shenzhen.

Senior Partner Zhou Shichao and Lawyer Wu Wuling provided legal services for drafting commission agreements for an Israeli company.

Senior Partner Tang Xiang, Lawyer Lin Yaochang, and Trainee Lawyer Hu Yan provided specific legal opinion services for the Mexican subsidiary of a communication corporation, on behalf of Shanghai Landing Law Offices.

Senior Partner Zhou Shichao's team assisted a Japanese company in optimizing its procurement contracts and commercial invoices with Chinese suppliers through trilingual (Chinese, English, Japanese) purchasing agreements, considering the unique needs of both parties.

Senior Partner Zhang Bing, Trainee Lawyer Hu Rui represented a well-known Chinese instrument manufacturing company in successfully resolving an international trade payment dispute with a German company, recovering the trade payment.

02

Partial overseas activities

On September 7th, the International Investment and Trade Department organized a collective study on the Fifth Amendment of Civil Procedure Law. Senior Partner Li Xinli presided over the study, focusing on the provisions related to international litigation in the amendment. Over 20 lawyers from the firm participated in this study.

On September 17th, Director Yin Xiangnan and Lawyer Ding Lili from Shanghai Landing Law Offices (Changsha) went to Wuhan to attend a Central South University of Finance and Economics training program for lawyers specialized in providing legal services for foreign-related affairs in Hunan Province, organized by the Judicial Department of Hunan Province, Hunan Province Lawyers' Industry Party Committee, Hunan Province Lawyers Association. Four lawyers from Landing (Changsha), including Director Yin Xiangnan, Lawyer Ding Lili, Lawyer Li Qian, and Lawyer Li Jing, were selected to participate in the training program. Director Yin Xiangnan served as the class leader and expert reviewer for the International Commercial Arbitration Simulation Debate. The course covered various topics such as China's unique theory of the modernization of the rule of law, the cultivation of talent in foreign-related legal services, research on the Civil Code from a comparative law perspective, practical experience in international litigation and arbitration, international private law, intellectual property compliance in international trade, US export control, and criminal legal risks in technology talent exchanges.

In September, Senior Partner Hu Min was invited as a guest lecturer by the School of Foreign Languages at Chongqing Technology and Business University.

On September 21st, Director Yin Xiangnan from Shanghai Landing Law Offices (Changsha) and participants of the training program for foreign-related legal services in Hunan Province visited Wuhan Maritime Court for exchange and learning. They had in-depth discussions with local judges and fellow lawyers on various issues related to foreign-related legal services, further promoting communication and cooperation among foreign-related lawyers in the field of legal services.

On September 22nd, Senior Partner Li Xinli was invited to participate in the "2023 Digital Technology Innovation Summit for Overseas Expansion" jointly organized by HBL and ShineGlobal, where he delivered a speech. Lawyer Li Xinli shared "Dispute Resolution Strategies for Enterprises after Going Global," analyzing several considerations for enterprises facing overseas disputes, including factors to consider in choosing between conflict or cooperation, the choice between negotiation, mediation, arbitration, or litigation, the pros and cons of domestic litigation versus foreign litigation, and the selection of Chinese lawyers or foreign lawyers. He provided different perspectives for attendees to consider and received positive feedback. The summit, with the theme "Empowerment and Connection for Cross-border Collaboration," attracted representatives from various industries such as retail consumer goods, medical health, e-commerce, pan-entertainment, and metaverse, as well as elites from research and development, technology, operations, products, and distribution fields, collectively exploring innovative strategies for digital technology in overseas expansion.

On September 22nd, Senior Partner Cao Chunwu from Shanghai Landing Law Offices (Nanjing) participated in the Global Business and Law Conference and served as the executive secretary of the committee.

On September 27th, Director Yin Xiangnan from Shanghai Landing Law Offices (Changsha) was invited by Xiamen ITG Group Corp., Ltd. to provide internal training on common legal practices and risk control for Chinese-funded enterprises operating investment in the UAE or conducting business with the UAE. This training aimed to provide legal guidance from an industry perspective for Xiamen International Trading Group's overseas compliance operations.

03

Introduction to Landing's Cross-border Legal Services

Landing Law Offices excels in providing cross-border legal services. With over 160 partners, lawyers, and assistants in more than 20 domestic branches, Landing has the capacity to offer high-quality legal services in areas such as cross-border investment, international trade, foreign-related commercial litigation, and international commercial arbitration. Many of our professionals have overseas education, training, or work experience, which gives them an international perspective. They are proficient in languages including English, Japanese, Korean, German, Spanish, and have established cooperative relationships with numerous foreign law firms. Our clients come from dozens of countries worldwide, including many Fortune Global 500 companies and China's top 500 enterprises. The professional capabilities, practical experience, and diligent attitude of Landing's foreign-related lawyers have earned high recognition from our clients and are gaining increasing reputation in the industry.

To contact our department, please send an email to: intl@landinglawyer.com