Jiacai Tan Partner
Shanghai
021-58785888
jiacai.tan@dentons.cn
  • Criminal Law
  • Corporate and M&A
  • Capital Markets
  • Bankruptcy, Restructuring and Insolvency
  • Working Language:
  • Chinese
  • English

Introduction

Jiacai Tan is the partner of BEIJING DACHENG LAW OFFICES, LLP (SHANGHAI), He was admitted as Chinese lawyer in 2001 and worked in this area around 20 years , he has built a reputation as one of the leading lawyer in Cross-border Dispute Resolution and International Commercial Arbitration, Cross-border Investment And Trade as well as International Technology Transfer And Valuation. His clients included Infrastructure Construction (including PPP), Industrial Internet and Intelligent Manufacturing, Financial Industry, Energy, Hotel Management and so on. He has counseled numerous international technology transfer and license transactions of several billion US dollars and an array of cross-border arbitration and litigation. Tan also compiled the book LAW AND PRACTICE OF INTERNATIONAL DISPUTE RESOLUTION as editor-in-chief which was published by China Law press.

Mr. Tan is also the director of ASEAN comparative law research centre, the visiting professor and the adjunct professor of law in SHUPL and the arbitrator of SHANGHAI Arbitration Commission ,TANGSHAN Arbitration Commission and HARBIN Arbitration Commission. He was once invited to the seminars of financing policy of PPP organized by NDRC & MOF.

The clients that Mr. Tan Jiacai provides services are mainly Fortune 500 companies, domestic and overseas listed companies and large state-owned enterprises. Representative clients: China Export & Credit Insurance Corporation,Shanghai Shimao Co., Ltd. (stock code: 600823), Shanghai Nuclear Engineering Research and Design Institute Co., Ltd., BMW Automotive Finance (China) Co, Ltd., Microsoft (China) Co, Ltd, Herald International Financial Leasing Co. Ltd., Danone Asia Pacific (Shanghai) Management Co., Ltd., Thaifoods Group PCL, Trang Gloves (Thailand), Thailand Nadasri Co., Ltd, Malaysia Lodging Management (Labuan) Limited, Philippines Remington Industrial Sales Corporation, Singapore H&C S Holdings PTE. Ltd , Hefei Taihe Intelligent Technology Group Co.,Ltd.(stock code: 603656), Anhui Jinhe Industrial Co., Ltd. (stock code: 002597), Lijia Industrial (Fujian) Group Co., Ltd., etc.

Education

  • TEMPLE UNIVERSITYLLM(2011)
  • CHINESE ACADEMY OF SOCIAL SCIENCEJ.M.(2009)

Admissions and Qualifications

  • PRC Licensed Lawyer

Working Experience

  • BeiJing DaCheng Law Office, Llp (SHANGHAI)Partner(2012)
  • AnHui Luwei Law firmManager Partner(2005 ~ 2012)
  • AnHui GangZheng Law firmPartner(2002 ~ 2005)
  • AnHui Antaida Law firmLawyer(2001 ~ 2002)

Representative Projects/Matters

Acting as trial counsel for a Thailand company in disputes over cross-border mergers & acquisitions transactions and foreign direct investment issues for a total purchase price of RMB 200 million.

Advising a listed company on setting up of its subsidiary in US

Advising a listed company on setting up of its subsidiary in India

Advising a Chinese company on setting up of its subsidiary in Thailand

Advising a listed company on the due diligence to the cooperative partners in India, Vietnam, Pakistan and Iran

Advising a group company on shareholder verification of controlling shareholders in Canada, BVI and Hong Kong

Counselling Lijia Industrial (Fujian) Group Co., Ltd. in a mergers & acquisitions transaction

Advising China national Aviation Fuel Logistics Co., Ltd on the issues regarding whole equity transfer of a joint venture company with Shell (China) Limited

Counselling for a Chinese holding company in the issuance and registration of CNY 5.7 billion corporate bonds with the SSE (Shanghai Stock Exchange)

Advising Marine Design Research Institute of China on the establishment of a Sino-Foreign equity Joint Venture with Sweden company Marine Jet Power AB

Represented China Export & Credit Insurance Corporation in providing legal services for multiple overseas debt recovery projects

Acting as trial counsel for a Thailand company in disputes over cross-border mergers & acquisitions transactions and foreign direct investment issues for a total purchase price of RMB 200 million

Advising a Sweden Company regarding litigation strategy planning and settlement negotiation in disputes over cross-border mergers & acquisitions transactions of several billion US dollars that concerning 10 target companies and 9 multiple jurisdictions

Acting as trial counsel for a Hong Kong company in a dispute over an international technology transfer contract against a U.K company

Acting as trial counsel for a listed company in a dispute over an international sale of goods against a Sri Lanka company

Acting for a Singapore holding company to obtain the recognition and enforcement of Singapore International Arbitration Centre (SIAC) awards in China

Acting as trial counsel for a Philippine company for a claim arising from a dispute over an international sale of goods contract heart by China International Economic and Trade Arbitration Commission (CIETAC)

Acting as trial counsel for a Philippine company for a claim arising from a dispute over an international sale of goods contract heart by China International Economic and Trade Arbitration Commission (CIETAC)

Acting for a Malaysia company to obtain the recognition and enforcement of International Arbitration Centre (HKIAC) awards in Sanya

Representing Microsoft (China) over the issues of corporation and registration of two a Sino-Foreign equity Joint Venture with local company and IP Licensing issues in the transactions of setting up the World 1st and 2ed Microsoft Mobile Game Center

Counseled numerous the AP1000 technology international transfer and license issues between Shanghai Nuclear Engineering Research and Design Institute (SNERDI) and U.S. Westwood Company

Advised a state-owned company on the nuclear technology transfer and license issues in the China-U.S. 3rd round negotiation on nuclear cooperation strategy

Advising a state-owned company on the project of cross-design software applications with L-3 COMMUNICATIONS MAPPS INC

Activities and Affiliations

  • SHANGHAI Arbitration Commission , Arbitrator
  • TANGSHAN Arbitration Commission , Arbitrator
  • HARBIN Arbitration Commission , Arbitrator
  • ASEAN Comparative Law Research Centre , Director and Researcher
  • Shanghai University of Political Science and Law , Adjunct professor of Law
  • Shanxi University of Finance and Economics Law School , External tutor for the Master of Laws
  • North China University of Technology , External tutor for the Master of Laws

Academic Achievements

  • Author, “Law and Practice of International Dispute Resolution”, Law Press, 2015.
  • “International Commercial Litigation series 6: 10 Q&A of Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR” Wolters Kluwer. 2019-04-24.
  • “International Commercial Litigation series 5: Judicial Practice of Consular Legalization in China” Wolters Kluwer. 2019-04-02.
  • “International Comercial Litigation series 4: How to recognize and enforce the arbitration of HKSAR in the Mainland” Wolters Kluwer. 2019-04-02.
  • “International Commercial Litigation series 3: Interpretation of ‘Arrangement between the Courts of the Mainland and of the HKSAR on Mutual Recognition and Enforcement of Judgments of Civil and Commercial Cases under the Jurisdiction as Agreed to by the Parties Concerned’” Wolters Kluwer. 2019-02-19.
  • “International Commercial Litigation series 2: Case Comment of ‘the court of PRC’s recognition and enforcement of the Trade Agreement’s Validity awarded by SIAC’” Wolters Kluwer. 2018-09-25.
  • “International Commercial Litigation series 1: Interpretation of ‘Memorandum of Guidance Between the Supreme People’s Court of the PRC and the Supreme Court of Singapore on Recognition and Enforcement of Money Judgments in Commercial Cases’” Wolters Kluwer. 2018-09-25.
  • “Several special problems in International Technology Transfer Agreements”, WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2018-07-12.
  • “International Technology Transfer Agreements”, China Business Law Journal Vol.9 No.4, 2018.
  • “Interpretation on the Guideline on Market-Driven Debt-Equity Swaps. ” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2017-10-25.
  • “Taking example for shared bikes, legal Compliance of information safety in intelligent terminal APP”, WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2017-10-16.
  • “Taking example for an infringement dispute over Locojoy against Alibaba Cloud, whether the cloud service provider belongs to the internet service provider? ” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2017-08-23.
  • “Under the circumstances of big data age, legal Compliance of information safety between supplier and business partner” WeChat Official Account admin platform in shanghai bar association. 2017-08-08.
  • “Law and Practice of International Dispute Resolution, ” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2016-05-18.
  • “Key Elements of International Commercial Arbitration Agreement. ” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2015-09-07.
  • “The definition of commercial bribery under administrative law in China” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2015-03-26.
  • “Commentary on the bribery act 2010. ” WeChat Official Account admin platform in Beijing Dacheng Law Offices Shanghai Office LLP. 2014-07-31.
  • “A Survey of the Investment law in the Kingdom of Cambodia”, Foreing Investment In China, No.24, 2013.
  • “A Survey of the Investment law in Laos”, Foreing Investment In China, No.22, 2013.
  • “A Survey of the Investment law in Thailand”, Foreing Investment In China, No.20, 2013.
  • “A Survey of the Investment law in Singapore”, Foreing Investment In China, No.20, 2013.
  • “Interpretation on Laws and Regulations in China concerning Cross Ownership among Join-Stock Companies”, Changchun University of Science and Technology Journal, Volume 5, 2011.
  • "Lawyer Tan Jiacai's Interpretation of the RCEP Series", WeChat Official Account admin platform in Foreign Disputes Legal Practice.
  • "Improve the cross-border bankruptcy coordination mechanism and optimize the business environment along the Belt and Road", WeChat Official Account admin platform in Legal Practices in Foreign Disputes. 2020-10-31.
  • "Civil Evidence Rules Series 1-8", WeChat Official Account admin platform in Legal Practices in Foreign-related Disputes.

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