FacultyFaculty/Author Profile
Yanhua Lin

Yanhua Lin

Fangda Partners
Partner
Beijing, CHN


PRACTICE AREAS

MS. LIN SPECIALIZES IN DISPUTES RESOLUTION, THROUGH LITIGATION, ARBITRATION TO INVESTIGATION AND COMPLIANCE MATTERS.

Commercial Dispute Resolution (Litigation & Arbitration)

  • Advised one of the world’s leading investment firms in connection with disputes between general partners and limited partners in a PE investment.
  • Advised a leading global bank in a dispute with its clients regarding asset management.
  • Advised several China-based U.S. listed companies and their senior executives in relation to securities lawsuits before U.S. courts.
  • Defended the receiver of Lehman Brothers (Europe) in the Chinese court proceedings relating to its role in structuring certain financial derivatives in the amount of approximately U.S. $ 200 million.
  • Defended a Big 4 accounting firm in a series of securities fraud cases against around 130 plaintiffs before Chinese courts.
  • Defended a Big 4 accounting firm in (i) a tort action in relation to professional negligence in tax consulting service; and (ii) a lawsuit in relation to the performance of audit engagement.
  • Represented a European client, in relation to the enforcement of an ICC arbitral award in China, a groundbreaking case in which China’s Supreme People’s Court for the first time invoked the “public policy ground” under the New York Convention to refuse enforcement of a foreign arbitral award.
  • Represented an Israeli company in the Chinese court proceedings for the enforcement of an ICC arbitral award.
  • Represented a U.S. company in the Chinese court proceedings for the enforcement of an SCC arbitral award.
  • Represented a PRC investor in ICC arbitration in Hong Kong in relation to a US$100 million dispute arising from a share purchase agreement and in ancillary court proceedings relating to injunctive orders.
  • Represented a significant PRC computer manufacturer in an arbitration case in Hong Kong in accordance with the UNCITRAL Arbitration Rules regarding a dispute over the supply of computer equipment.
  • Represented the founders of a company in an arbitration case regarding an investment dispute in accordance with the HKIAC Administered Arbitration Rules.
  • Represented a US-based company in CIETAC arbitration in relation to a US$30 million dispute concerning certain distribution agreements.
  • Assisted in several arbitration cases regarding certain contractual disputes in accordance with the HKIAC Administered Arbitration Rules.

Investigation and Compliance

  • Advised the “Big 4” accounting firms in connection with administrative proceedings initiated by the US Securities and Exchange Commission, and various matters concerning cross-border regulatory investigation.Advised on Chinese law issues related to state secrecy and cross-border data production.
  • Advised several China-based U.S. listed companies in relation to investigations initiated by U.S. regulators.Advised on Chinese law issues related to state secrecy, data privacy and cross-border data production.
  • Advised an accounting firm in the administrative investigation proceedings before the China Securities Regulatory Commission.
  • Advised an investment institution in relation to its cooperation with Chinese regulatory investigation regarding securities and futures trading.
  • Advised a multinational company in an investigation initiated by the Chinese police in relation to data privacy violations.
  • Advised an international legal service provider on its global data privacy policy.
  • Advised a “Fortune 500”company in an internal investigation of potential violation of the Foreign Corrupt Practices Act and advised the client on the Chinese anti-corruption, state secrecy and privacy laws.
  • Worked as Seconded Legal Counsel in a PRC subsidiary of a US pharmaceutical group. Advised on PRC-law-related compliance issues under the US Foreign Corrupt Practices Act.
  • Advised a US-based pharmaceutical company in the anti-bribery investigation initiated by local Administration of Industry and Commerce of PRC.

Other Information?

Education

  • Columbia University, LL.M.: James Kent Scholar
  • University of Hong Kong, MCL: Lee Shiu Scholar Peking University, LL.B.: Honors; President (2003-04), Peking University Law School Students' Union
  • Peking University, B.Ec., Economics

Professional Qualification

  • Admitted to practice in the PRC
  • Qualified to practice in the State of New York

Publication

  • The Development of "Competence/Competence" in China with the Promulgation of the New Rules of China International Economic and Trade Arbitration Committee, Arbitration & Law (January 2006)

Languages, Mandarin; Cantonese; English

Professional Background

  • Ms. Lin had worked with a top-tier UK firm and a leading U.S. law firm.
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