Michelle Che Partner
Shenzhen
0755-26224888
yanmei.che@dentons.cn
  • Cross-Border Investment and Trade
  • Criminal Law
  • Corporate and M&A
  • Banking & Finance
  • Working Language:
  • Chinese
  • English
  • French

Introduction

Michelle (Yanmei) CHE is a Partner of Beijing Dacheng Law Firm based in Shenzhen Office, she is a Leading International lawyer of Shenzhen and Guangdong Province, Special Legal Expert of China Going Global Thinktank (CGGT). Michelle has over 18 years of foreign-related legal work experiences, and currently acts as an arbitrator in the Commercial Arbitration Commissions.

 

Michelle specializes in Foreign investment, International trade, Corporate compliance Governance, Finance & Tax, M&A, Civil and Commercial litigation and arbitration. Her experiences include advising Chinese Companies for oversea investments, advising companies and foreign investors from the United States, Europe, Africa, South America, Middle-East, Southeast Asia, Hongkong and Taiwan on the establishment of WOFE, Joint-Venture company, drafted and reviewed JV contract, internal and external licensing Agreements, international trade agreements, technical cooperation agreements, corporate compliance agreements, platform agreements (platform dispute resolutions), labor contracts, staff manual, etc. She has performed due diligence and drafted corporate transaction agreements in corporate mergers and acquisitions, including acquisitions assets involving land, plant, intellectual property rights, equity, etc.

 

Michelle has good track records on numerous litigation and arbitration cases such as Joint Venture and shareholder disputes, contract disputes, partnership disputes, franchise contract disputes, international trade and logistic disputes, construction and tenancy disputes, debt recovery, property disputes, equity incentive disputes, infringement of trade secrets, confidentiality and non-competition restriction disputes, as well as complex international commercial disputes and enforcement disputes.

 

Michelle is appointed as co-arbitrator and or sole arbitrator in the disputes over sales agreements, contract cooperation agreements, loan agreements in the commercial arbitration commissions,etc.

 

Michelle's working languages are English, French, Cantonese, Mandarin and Hakka.

Education

  • Shenzhen University, ChinaBachelor Degree(2000)
  • Paris X University, FranceMaster Degree(2004)

Admissions and Qualifications

  • PRC Licensed Lawyer

Working Experience

  • Dacheng Shenzhen OfficePartner(2013 ~ Present)
  • Beijing Zhonglun Law FirmLawyer(2011 ~ 2013)

Honors and Awards

  • Shenzhen Outstanding Female Lawyer(2024), Shenzhen Outstanding Female Lawyer
  • The Article "On the conflict and Remedies between Jurisdictional Objections in Foreign-related Commercial Litigation and Litigation on the Confirmation of the Effectiveness of Arbitration Agreements" awarded the second prize in the 2019 Qianhai Authority of Shenzhen's collection of essays on "The Legal System Construction of Guangdong-Hongkong-Macao Great Bay Area"(2019), Law Press
  • The Article "On the Feasibility Study of Applying Presumptive Collection to Individual Income Tax of Lawyers in Law Firm" awarded the third Prize in the selection of "2017 China Tax Law Forum and the 6th China Tax Lawyers and the Tax Practitioners Forum".(2017), China Certified Tax Agents Association

Representative Projects/Matters

P... Technologies Group (American Company): Represented American client in an international trade dispute at Shenzhen Court of International Arbitration (SCIA);

A...Transportation Company: Represented A... Transportation Co., Ltd. against Shanghai J... International Freight Forwarding company in a dispute over contract for Air transportation of Goods

Shenzhen H... International Express Delivery company: Represented Shenzhen H...company against Zhejiang S... Supply Chain company in litigation on logistic service dispute

Beijing T...Electronic company: Represented Mr. Zhang and filed a series of lawsuits against Mr. Yu concerning equity dispute of Beijing company, assisted Mr. Zhang to regain the control of the company, represented supervisor Mr. C and filed lawsuit against Mr. Yu concerning disputes over liability for damage to company's interests.

A listed company in Nasdaq: Acted as legal counsel for its trading company in Shenzhen, revised the China product warranty clauses for its global website, represented the client in product liability dispute litigation against HZ trading company and the consumer.

Shenzhen Hotel and Cinema, Chain Catering company, high-tech company, manufacturing company, foreign trade, E-commerce, logistics and other companies: Acted as legal advisor , design equity structure and equity incentive plans, drafted contract documents, compliance management regulations, and handled the lawsuits involving the companies' cooperation disputes, partnership disputes, technical contract disputes, logistic contract disputes, labor disputes, etc.

Shenzhen Merchants Equity Investment Fund, China Resources Group, foreign funded enterprises, listed companies, private companies: Conducted due diligence, issued Chinese and English legal opinions, drafted property transaction contracts, debt settlements agreements, employee resettlement plans, and other contract documents for investment and merger and acquisition projects, issued due diligence reports and drafted transaction documents for corporate acquisitions involving factories, land, plants, intellectual property rights, etc.

Foreign-related marriage and inheritance: represented Ms. Z, a HK national in suing Mr. H and 17 children of HK and Chinese nationalities involving company equity, land, real estate, factory, limited property rights housing , vehicles, housing rent, etc. , in China. Represented Mr. W and Ms. H in a foreign-related divorce cases involving company equity , real estate, vehicles , and other property division, etc.

High Court of Hongkong: Acted as an expert witness on Chinese law in equity dispute case of Hongkong High Court, issuing expert opinions on Chinese law, etc.

Activities and Affiliations

  • International Committee of Shenzhen Bar Association , Secretary-General
  • Yangjiang Arbitration Commission , Arbitrator
  • Meizhou Arbitration Commission , Arbitrator
  • Jingdezhen Arbitration Commission , Arbitrator
  • Shanwei Arbitration Commission , Arbitrator
  • Tongling Arbitration Commission , Arbitrator
  • Enshi Arbitration Commission , Arbitrator
  • Chongqing Arbitration Commission , Arbitrator
  • Huizhou Arbitration Commission , Arbitrator
  • Zhaoqing Arbitration Commission , Arbitrator
  • Xiangyang Arbitration Commission , Arbitrator
  • Zibo Arbitration Commission , Arbitrator, Member of expert working group of Zibo International Arbitration Service Center
  • Thai-Chinese International Arbitration and Mediation Center , Arbitrator

Academic Achievements

  • "The comparison of the different provisions of 'Interim Measures' and 'Preservation Measures' in Commercial Arbitration between Hongkong and China"
  • "From the ‘Shareholder Competition Restriction Dispute Case' : Observations on the Jurisdiction of Non-Compete Contracts in Mainland and Hongkong and the Connections of Rules between the two Regions"
  • "The Era of Compliance : Challenges and Compliance Suggestions for Enterprises 'Going Global'"
  • "On the Value Principles of International Commercial Arbitration System Construction from the ICC International Arbitration Rules"
  • "Discussion on Improving the Mediation Service Mechanism for Foreign-Related Commercial Disputes in the Guangdong-Hongkong_Macao Greater Bay Area"

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