Yan ChenPartner

  • Offices
    Shanghai
  • Working Language
    Chinese、English
  • Professional Field
    Dispute Resolution
  • Specialty Industry Areas
    Real Estate & Construction,Banking & Finance
微信图片_20240806172342.png
  • Track Records
  • Work Experience
  • Education
Track Records

Represented a collective ownership enterprise in a dispute of excluding obstruction against a company. The case was heard by Jiading District People’s Court/Shanghai Second Intermediate People’s Court. The handling team sorted out relevant materials spanning nearly 30 years, combined with the details of each evidence material to clarify the logic, restore the facts of the case, and form a complete evidence chain, winning the lawsuit, safeguarding the legitimate rights and interests of the client, and avoiding collective property loss.

Represented a oil company over the fulfillment purchase and sale contract against an energy company, involving an amount of over 20 million yuan. The case heard by CIETAC Shanghai Sub-Commission. This case involves the issue of whether the liquidated damages agreed upon in pure commercial contracts should be lowered. The handling team conducted a thorough search of current legal provisions and judicial practice, and formed a well reasoned agency opinion. The relevant arbitration request was ultimately supported by the arbitral tribunal.

Represented a marketing company under a state-owned group to sue its employees for infringement liability. The case was heard by Tianjin First Intermediate People's Court / Tianjin Higher People's Court. The amount involved in the case was more than 25 million yuan, we helped the client avoiding economic losses of more than 10 million yuan. In this case, while the defendant was serving his sentence and some original information was missing, the handling team sorted out over a thousand pages of original documents for more than 140 batches of goods according to the time logic of "ordering, shipping, transporting, and receiving", and based on this, prepared a table for calculating the amount of the plaintiff's lawsuit. Finally, the judg used this as the main basis for determining the plaintiff's loss amount; The handling team also assisted the court panel in clarifying the various elements of infringement liability through in-depth legal searches, ultimately maximizing the protection of customer rights.

Represented a contractor over fulfillment a construction contract against the owner. The case was heard by the Xiaogan Intermediate People's Court / Hubei Higher People's Court, involving a total amount of over 70 million yuan. The defendant in this case is a local government state-owned enterprise, and the handling of the case has considerable difficulties and obstacles. The handling team has carefully organized the engineering materials involved in the case to form an orderly arrangement of evidence materials, conducted sufficient legal inspections on the disputed issues, and consolidated the case evidence and legal views. The final appeal has received full support by the court, safeguarding the legitimate rights and interests of the contractor. The relevant judgment opinions of the Hubei Higher People's Court of this case also have certain guiding significance for the industry.

Represented a subsidiary company of a state-owned group over rental contract of a house against the tenant. The case was heard by Hongkou District People's Court/ Shanghai Second Intermediate People's Court. The handling team conducted targeted legal searches on the disputed legal issues such as the "right to renew lease" clause and conducted on-site visits to the leased property, convincing the judge from facts, reasons, and legal perspectives that the leased property should not continue to be rented. The case was fully won, helping the client successfully recover the leased property and avoid losses in rental fees.

Represented a media company over the fulfillment of a contract against an individual. The case was heard by Pudong New Area District People's Court / Shanghai First Intermediate People's Court. The disputed subject matter in this case is three media accounts. In this case, whether and how to preserve the involved accounts, whether the involved accounts can be evaluated and what methods should be adopted for evaluation, and the determination of the attributes of the involved self media accounts are all emerging and cutting-edge legal issues. The handling team, based on the professional background and thinking characteristics of the judges in the collegiate bench at different stages of the trial, combined with in-depth exploration of the facts of contract performance by both parties, not only managed to obtain the result of the retrial despite the huge disadvantage of the original first trial, but also comprehensively overturned the situation during the retrial, turning defeat into victory, and helping clients to strive for maximum benefits.

Represented a state-owned investment fund company in a series of disputes over stock repurchase contracts against the individuals. The case was heard by Tongxiang People's Court,/ Shanghai Financial Court, with a total amount of nearly 80 million yuan, all of which received full support from the trial authorities.

Represented a state-owned real estate development company of a dispute over a water supply contract against a water company. The case was heard by Putuo District People's Court/Shanghai Second Intermediate People's Court, and the case was fully won, helping the client reduce losses by more than 5 million yuan.

Represented a bank of disputes involving property damage compensation and savings deposit contract against individuals. The case was heard by the Xuhui District People's Court/Shanghai Financial Court. The handling team has gained rich experience in handling similar cases and has won a series of cases, reducing losses for clients by over ten million yuan.

Work Experience

Lawyer Cheng worked at Shanghai Hongqiao Zhenghan Law Firm from July 2017 to March 2023, serving as a legal assistant and lawyer in the commercial dispute resolution department of Zhenghan Law Firm. During this period, Lawyer Cheng handled and developed a total of about 210 cases, covering disputes over sales contracts, financial loan contracts, guarantee contracts, savings deposit contracts, stock repurchase contracts, construction project construction contracts, housing lease contracts, property damage compensation disputes, unjust enrichment disputes, infringement liability disputes, execution objections, etc. He has accumulated rich experience in handling complex commercial cases and has the ability to handle major, difficult, and complex commercial dispute resolution cases.

During her time at Zhenghan Law Firm, Lawyer Cheng was responsible for and participated in more than 30 external training/live broadcasts/special research/university lectures, including the development of live courses such as the Civil Code Property Rights Compilation, the Civil Code General Provisions Compilation Judicial Interpretation, and the Civil Evidence Regulations; Lectures such as the Business Litigation Practice Course at Fudan University and the 2022 Zhenghan Law Firm Legal New Star Training Camp; Customer training on personal information protection of Shanghai Pudong Development Bank and evidence regulations of Agricultural and Commercial Bank of China; Filming legal education videos for the Jiading District Judicial Bureau. Lawyer Cheng has a solid foundation in legal theory and the ability to conduct in-depth and systematic research on relevant legal issues and case disputes. She can further support case handling and provide high-quality legal practice training for clients.

Typical clients that lawyer Cheng has served includeing Shanghai Banking Regulatory Bureau, China Construction Bank, Industrial and Commercial Bank of China, Agricultural Bank of China, Shanghai Pudong Development Bank, Bank of Shanghai, Hang Seng Bank, OCBC Wing Hang Bank Limited, China Eastern Airlines, China Ping An Group, Lujiazui Group, Shanghai Central Group, Shanghai Jiading Industrial Zone Group, Jinjiang Group, Poly Real Estate, Construction Development Group, China Resources Group, COSCO Shipping Group, Guotai Junan Securities, Shenwan Hongyuan Group, Oriental Pearl TV Tower Group, Decathlon, etc.

On March 21, 2024, Lawyer Cheng joined Shanghai Dehe Hantong Law Firm and continued to focus on resolving commercial disputes.

Education

2011.9-2014.6,KoGuan School of Law of Shanghai Jiao Tong University, Bachelor of Laws

2014.9 - 2015.6,Law School of Ningxia University, University, Bachelor of Laws

2015.9-2017.6,KoGuan School of Law of Shanghai Jiao Tong University, Master of Law (Law)

Yan ChenPartner

  • Offices
    Shanghai
  • Working Language
    Chinese、English
  • Professional Field
    Dispute Resolution
  • Specialty Industry Areas
    Real Estate & Construction,Banking & Finance
微信图片_20240806172342.png
  • Track Records
  • Work Experience
  • Education
Track Records

Represented a collective ownership enterprise in a dispute of excluding obstruction against a company. The case was heard by Jiading District People’s Court/Shanghai Second Intermediate People’s Court. The handling team sorted out relevant materials spanning nearly 30 years, combined with the details of each evidence material to clarify the logic, restore the facts of the case, and form a complete evidence chain, winning the lawsuit, safeguarding the legitimate rights and interests of the client, and avoiding collective property loss.

Represented a oil company over the fulfillment purchase and sale contract against an energy company, involving an amount of over 20 million yuan. The case heard by CIETAC Shanghai Sub-Commission. This case involves the issue of whether the liquidated damages agreed upon in pure commercial contracts should be lowered. The handling team conducted a thorough search of current legal provisions and judicial practice, and formed a well reasoned agency opinion. The relevant arbitration request was ultimately supported by the arbitral tribunal.

Represented a marketing company under a state-owned group to sue its employees for infringement liability. The case was heard by Tianjin First Intermediate People's Court / Tianjin Higher People's Court. The amount involved in the case was more than 25 million yuan, we helped the client avoiding economic losses of more than 10 million yuan. In this case, while the defendant was serving his sentence and some original information was missing, the handling team sorted out over a thousand pages of original documents for more than 140 batches of goods according to the time logic of "ordering, shipping, transporting, and receiving", and based on this, prepared a table for calculating the amount of the plaintiff's lawsuit. Finally, the judg used this as the main basis for determining the plaintiff's loss amount; The handling team also assisted the court panel in clarifying the various elements of infringement liability through in-depth legal searches, ultimately maximizing the protection of customer rights.

Represented a contractor over fulfillment a construction contract against the owner. The case was heard by the Xiaogan Intermediate People's Court / Hubei Higher People's Court, involving a total amount of over 70 million yuan. The defendant in this case is a local government state-owned enterprise, and the handling of the case has considerable difficulties and obstacles. The handling team has carefully organized the engineering materials involved in the case to form an orderly arrangement of evidence materials, conducted sufficient legal inspections on the disputed issues, and consolidated the case evidence and legal views. The final appeal has received full support by the court, safeguarding the legitimate rights and interests of the contractor. The relevant judgment opinions of the Hubei Higher People's Court of this case also have certain guiding significance for the industry.

Represented a subsidiary company of a state-owned group over rental contract of a house against the tenant. The case was heard by Hongkou District People's Court/ Shanghai Second Intermediate People's Court. The handling team conducted targeted legal searches on the disputed legal issues such as the "right to renew lease" clause and conducted on-site visits to the leased property, convincing the judge from facts, reasons, and legal perspectives that the leased property should not continue to be rented. The case was fully won, helping the client successfully recover the leased property and avoid losses in rental fees.

Represented a media company over the fulfillment of a contract against an individual. The case was heard by Pudong New Area District People's Court / Shanghai First Intermediate People's Court. The disputed subject matter in this case is three media accounts. In this case, whether and how to preserve the involved accounts, whether the involved accounts can be evaluated and what methods should be adopted for evaluation, and the determination of the attributes of the involved self media accounts are all emerging and cutting-edge legal issues. The handling team, based on the professional background and thinking characteristics of the judges in the collegiate bench at different stages of the trial, combined with in-depth exploration of the facts of contract performance by both parties, not only managed to obtain the result of the retrial despite the huge disadvantage of the original first trial, but also comprehensively overturned the situation during the retrial, turning defeat into victory, and helping clients to strive for maximum benefits.

Represented a state-owned investment fund company in a series of disputes over stock repurchase contracts against the individuals. The case was heard by Tongxiang People's Court,/ Shanghai Financial Court, with a total amount of nearly 80 million yuan, all of which received full support from the trial authorities.

Represented a state-owned real estate development company of a dispute over a water supply contract against a water company. The case was heard by Putuo District People's Court/Shanghai Second Intermediate People's Court, and the case was fully won, helping the client reduce losses by more than 5 million yuan.

Represented a bank of disputes involving property damage compensation and savings deposit contract against individuals. The case was heard by the Xuhui District People's Court/Shanghai Financial Court. The handling team has gained rich experience in handling similar cases and has won a series of cases, reducing losses for clients by over ten million yuan.

Work Experience

Lawyer Cheng worked at Shanghai Hongqiao Zhenghan Law Firm from July 2017 to March 2023, serving as a legal assistant and lawyer in the commercial dispute resolution department of Zhenghan Law Firm. During this period, Lawyer Cheng handled and developed a total of about 210 cases, covering disputes over sales contracts, financial loan contracts, guarantee contracts, savings deposit contracts, stock repurchase contracts, construction project construction contracts, housing lease contracts, property damage compensation disputes, unjust enrichment disputes, infringement liability disputes, execution objections, etc. He has accumulated rich experience in handling complex commercial cases and has the ability to handle major, difficult, and complex commercial dispute resolution cases.

During her time at Zhenghan Law Firm, Lawyer Cheng was responsible for and participated in more than 30 external training/live broadcasts/special research/university lectures, including the development of live courses such as the Civil Code Property Rights Compilation, the Civil Code General Provisions Compilation Judicial Interpretation, and the Civil Evidence Regulations; Lectures such as the Business Litigation Practice Course at Fudan University and the 2022 Zhenghan Law Firm Legal New Star Training Camp; Customer training on personal information protection of Shanghai Pudong Development Bank and evidence regulations of Agricultural and Commercial Bank of China; Filming legal education videos for the Jiading District Judicial Bureau. Lawyer Cheng has a solid foundation in legal theory and the ability to conduct in-depth and systematic research on relevant legal issues and case disputes. She can further support case handling and provide high-quality legal practice training for clients.

Typical clients that lawyer Cheng has served includeing Shanghai Banking Regulatory Bureau, China Construction Bank, Industrial and Commercial Bank of China, Agricultural Bank of China, Shanghai Pudong Development Bank, Bank of Shanghai, Hang Seng Bank, OCBC Wing Hang Bank Limited, China Eastern Airlines, China Ping An Group, Lujiazui Group, Shanghai Central Group, Shanghai Jiading Industrial Zone Group, Jinjiang Group, Poly Real Estate, Construction Development Group, China Resources Group, COSCO Shipping Group, Guotai Junan Securities, Shenwan Hongyuan Group, Oriental Pearl TV Tower Group, Decathlon, etc.

On March 21, 2024, Lawyer Cheng joined Shanghai Dehe Hantong Law Firm and continued to focus on resolving commercial disputes.

Education

2011.9-2014.6,KoGuan School of Law of Shanghai Jiao Tong University, Bachelor of Laws

2014.9 - 2015.6,Law School of Ningxia University, University, Bachelor of Laws

2015.9-2017.6,KoGuan School of Law of Shanghai Jiao Tong University, Master of Law (Law)