Engineering and Infrastructure Disputes
The achievements of our infrastructure and project financing team can be seen in many recent investments and developments such as the building of roads, bridges, water and power facilities that cover basic public needs. It is also reflected in the rise of environmental protection to improve the quality of life. The attracting of foreign investment, the adoption of project financing and the PPP model all point to the team’s development. Other noteworthy developments include the rise in the "going out" of Chinese enterprises, the gradual implementation of the "One Belt One Road" initiative, and the necessary adjustments undertaken in the development of “dual circulation”.
Dispute resolution has been a core area of practice throughout the development of JunHe. JunHe’s dispute resolution legal team provides both constructive and actionable dispute prevention, and develops case-by-case response strategies and litigation/arbitration resolution. For cases that have entered formal legal procedures, JunHe’s lawyers represent clients in the entire process of litigation/arbitration procedures including pretrial investigations, applications for evidence/property preservation measures/injunctions, initiation of litigation/arbitration procedures and applications for enforcement to protect the legitimate rights and interests of their clients.
Our attorneys have graduated from the top law schools both at home and abroad. Many are ex-judges or have been recruited from leading litigation firms. Our litigators have extensive experience appearing before courts at various levels and well-known arbitration tribunals, and offer clients an in-depth understanding of the Chinese legal system and judicial practices. Many of our partners regularly serve as arbitrators with the world’s most prestigious arbitration institutions and have significant experience in international commercial arbitration. Our team includes many lawyers who are qualified to practice concurrently in China as well as in the U.S., Hong Kong and other jurisdictions. Our team works in multiple languages such as Chinese, English, French and Japanese. We provide clients with high quality dispute resolution services that span borders, languages and industries.
With the rapid development in overseas investment, domestic engineering, energy and infrastructure projects, as well as the combining of engineering with project investment, finance and M&As, and the changes in the application and management modes of various transaction structures, disputes in the fields of engineering and infrastructure have become more and more complicated. They are increasingly characterized by their diversity of subjects and legal relationships.
Our attorneys currently provide legal services in domestic engineering litigation and arbitration at CIETAC, Beijing International Arbitration Center and Shanghai International Arbitration Center. We also represent clients in handling large and complex engineering and infrastructure disputes at international arbitration institutes such as ICC, LCIA, Singapore International Arbitration Center and Hong Kong International Arbitration Center. Legal services for engineering disputes extend from single engineering and design contract disputes to investment and financing disputes such as project financing and PPP disputes, new energy project M&A disputes, engineering guarantee disputes, engineering insurance disputes and other disputes with more complex engineering and infrastructure characteristics.
Legal Services that JunHe offers:
Provide various of contentious solutions on domestic and overseas projects during construction
Provide legal solutions on disputes during project procurement
Provide risk analysis, demonstrations and negotiations on construction claims and counterclaims
Provide solution proposal and negotiations of disputes before litigation/arbitration
Provide legal advice with regard to construction costs, quality and time etc. within disputes
Pre-trial investigations and applications for evidence/property preservation measures and injunctions;
Represent clients in construction litigation procedures of the first instance, second instance and retrial
Represent clients in domestic arbitration and foreign-related arbitration
Represent clients in international arbitration (including acting as an expert witness in PRC law)
Apply for enforcement of a court judgment and/or an arbitral award
Apply for acknowledgment and execution of judgments made in foreign courts and overseas arbitral awards
Recent Representative Cases
Advised an extra-large energy group on its gas field dispute
JunHe advised a large Chinese energy group on disputes arising from a gas field development, exploration and sales contract, and offered specific opinions on its arbitration case against China International Economic and Trade Arbitration Commission (CIETAC) and UNCITRAL, involving billions of US dollars.
Advised a construction group in handling their insurance disputes
JunHe advised a well-known construction group in dealing with a number of disputes arising from its participation in the construction of major municipal construction projects, including disputes over construction projects and claims for engineering insurance.
Advised a private enterprise in providing engineering litigation services
JunHe provided pre-litigation and litigation legal services for a domestic private real estate group on a project contract dispute between a contractor and a constructor, and a procurement contract dispute between a supplier and another series of disputes. JunHe provided legal services including pretrial legal risk analysis, dispute resolution arguments, guidance on litigation evidence collection, litigation scheme design, and represented the clients in the court debate.
Advised ExxonMobil in dealing with construction contract disputes
JunHe provided arbitration services for ExxonMobil Asia Pacific Research & Development Co., Ltd. in its construction contract dispute with Nantong Sijian Construction Group Co., Ltd.
Provided ICC engineering arbitration services for Sinostell Equipment & Engineering
JunHe advised Sinostell Equipment & Engineering Co., Ltd. in dealing with a construction contract dispute in connection with ArcellorMittalTublar Products Jubailthe, which was accepted by the ICC (International Court of Arbitration) and resolved under its arbitration rules.
Advised a PRC port company on EPC contract disputes
JunHe provided agent services for a leading grain port company in Northern China in a dispute resolution of the turnkey contracts for the port and terminal construction projects with the UK general contractor.
