/ Professionals / DAN Pingyuan
DAN Pingyuan
Partner, Attorney at Law

Practice Areas:

Civil and Commercial Litigation and Arbitration Related to Foreign Cases and Important Domestic Case

+86 10 5879 0066 Ext. 213

Mr. Dan’s principal practice area is dispute settlement in the fields of foreign-related civil and commercial law, as well as intellectual property law. Mr. Dan is specialized in handling difficult and complicated cases in civil and commercial fields by strategic measures portfolio for over 15 years, providing constructive, practicable and comprehensive solutions for relevant disputes with his extensive and distinctive experience. He has successfully helped a vast amount of clients protecting their own rights. 

Typical Cases

1. Foreign-related Litigation and Arbitration

l Representing Sino-environment Technology Group Limited in the shareholder’s capital contribution dispute against Thumb Env-Tech Group (Fujian) Co., Ltd. The case has been used as the cover case of China Trial, the prestigious Chinese trial journal, and has been published on Gazette of the Supreme People’s Court of the People’s Republic of China, 65 Years: Those Cases Remembered by People and Top Ten Annual Civil Cases of People’s Court in 2014. It was the first time that the Supreme People’s Court invited foreign envoy and media to attend the trial, also the first time in the Court’s five-judge hearing history that a decision was pronounced in court. Nearly 30 domestic and foreign media reported the case from all aspects;

l  Representing China Haisheng Juice Holdings Limited in the financial derivative products dispute against Morgan Stanley. It was the first financial derivative dispute settled by court inChina;

l  Representing Petro China Company Limited in the arbitration against SDIC Asset Management Corporation and Hong Kong Yinzhou Limited regarding joint-venture dispute;

l  Representing Hong Kong Merchants Shipping Enterprises Ltd in the lawsuit against Beijing Merchants Academicity Real Estate Development Company regarding loan dispute. The case overthrew the tradition that business loan is invalid, and verified that the loan of foreign invested enterprises is valid;

 Representing Beijing Kangde Investment Group in the lawsuit against David-LLC Limited regarding recognition and enforcement of a foreign arbitration award;

l  Representing China Dongfang (Group) Limited in the arbitration and the enforcement proceeding against Gansu Jianxin Group regarding the service fees dispute;

l  Representing Zhu Kuan (Group) Company in litigation against Bank of China (Hong  Kong) Limited regarding loan guarantee dispute; and

l Representing Zhu Kuan (Group) Company in litigation against Zhuhai Golden Coast Company and Zhuhai Gonglexincheng Company regarding equity rights disputes.

2. Domestic Litigation and Arbitration

l Representing Petro China Co., Ltd. Beijing Branch in the leasing dispute against Beijing  Chaoang YiYang  Business Center. The validity of gas station leasing contract with the whole-leasehold model, setting a precedent on the leasing gas station operation model for large oil company. Representing Petro China Co. Ltd in the arbitration against Beijing Sanhuiyou Oil Company for the leasing dispute;

l Representing China Orient Asset Management Corporation Beijing Office in the dispute over the recovery of distressed asset;

l  Representing Dalian Oil Corporation in the lawsuit against Qinghuangdao Branch Company of China Light Industry and Raw Material Corporation regarding joint operation dispute;

l  Representing Dalian Oil Corporation in the lawsuit against Dalian Branch Company of China Light Industry and Raw Material Corporation regarding joint operation dispute; and

l Representing a joint-venture company, Zhejiang Xinchang Yili Thermoelectricity Limited in the arbitration against Zhejiang Xinchang Power Limited regarding electricity purchase dispute.

3. Foreign-related Corporate Disputes

l  Representing Sino-environment Technology Group Limited, aSingaporelisted company, in a series of proceedings inChinafor disputes arising from the appointment of judicial manager and liquidator to the company;

l  Representing L’Sea Holdings Limited in dozens of proceedings over the disputes incurred by its liquidation over the foreign-related share transfer and corporate disputes;

l  Representing Zhu Kuan(Hongkong) Company Limited and Zhu Kuan (Group) Company in the liquidation of several relevant subsidiaries inChina;

l Representing TaiZiNai Group in the liquidation, corporate and Bankruptcy Reorganization proceedings in MainlandChinafor the disputes over the liquidation of TaiZiNai;

l   Liquidation of Zhengzhou Bingbi Asphalt Product Limited;

l   Liquidation of China Alarm Holding Limited; and

l   Representing China Sun Bio-Chem Technology in the liquidation and corporate disputes inChina.

4. Copyright Law

l   Representing Educational Testing Service and Graduate Management Admission Council in three lawsuits against Beijing  New Oriental  School for copyright infringement and trademark infringement in relation with the real test questions of TOFEL, GRE and GMAT. The case has been selected into top ten IP cases published by Supreme Court in 2005;

l Representing the Graduate Management Admission Council in litigation against Beijing Century Passion Consulting Limited regarding copyright infringement. The case has been reported by Beijing First Intermediate People’s Court as top ten foreign-related IP cases for the past five years;

l  Representing the Association of American Publishers (“AAP”) and the Publishers Association(“PA”) against Chongqing Juhe Science and Technology Limited in connection with information network transmission right;

l Representing the Graduate Management Admission Council in litigation against Beijing Century Passion Consulting Limited in connection with information network transmission right; and

l  Representing Beijing Dianfan Media Limited in TV series script infringement disputes with Xi’an Qujiang Movie and Television Investment (Group).

5. Competition Law

Representing BP Chemicals Limited in trade secret misappropriation and unfair competition disputes with Jiangsu SOPO;

l  Representing BP Chemicals Limited against Shanghai Petrochemical Engineering Corporation (Group), Shanghai Chemical Industry Design Institute Co., Ltd and Southwest Chemical Design Institute for trade secret misappropriation and unfair competition;

l Representing Xuji Group Ltd., Xuji Co., Ltd. and Xuji Institute in the lawsuit against Henan Jin Que Electronic Co., Ltd., etc. regarding trade secret misappropriation;

l  Representing Shanghai Oriental Data Radio Company Limited in litigation against Beijing Guangmingxing Science and Technology Company Limited regarding unfair competition; and

l Representing American UBM in the commercial defamation and false advertising unfair competition dispute against China Game Industry Committee.

6. Patent Law

l  Representing SanDisk Israel Ltd in the administrative lawsuit against the Patent Re-examination Board of China regarding patent; and

l  Representing Beijing Yuanchuang Copper Foil Equipment Company Limited in the lawsuit against United Copper Foil (Huizhou) Co., Ltd regarding patent ownership dispute.

7. Trademark Law

l  Representing Sol Melia in relevant trademark and investment disputes in China; and

l  Representing Polaroid Corporation in connection with trademark protection in China 

Education and Professional Background

2004   Master of Law       China Renmin  University

1997   Bachelor of Law     MinZu University ofChina 

Activities and Affiliations

l  Member of the Competition Law Professional Committee of Beijing Lawyers Association

l  Member of the Intellectual Property Rights Professional Committee ofChinaLawyers Association 

Languages

Mandarin, English


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