Chen Bin
Liaoning Tongfang law firm lawyer
educational background
1990-1995 Liaoning Bohai University Bachelor of English Education
1995-1998 graduate student in international politics, Beijing Institute of international relations
In 2018, he was selected by the Chinese Law Association and went to London Law University for international arbitration training
1995-1998 graduate student in international politics, Beijing Institute of international relations
In 2018, he was selected by the Chinese Law Association and went to London Law University for international arbitration training
Work results
One person's foreign investment and financial management dispute:
1. Brief of the case
Since 2012, Zhang opened an account in a bank in Singapore due to the need of personal immigration to Singapore. Without knowing the nature of the account, he signed an investment and financial management agreement and a loan agreement. The bank is engaged in the operation of structured financial products, and the actual place of operation is in Hong Kong, China. Zhang also signed a document agreeing to conduct financial management in Hong Kong, and then remitted a large amount of funds into the account. All the above documents are in English, Moreover, there are Singapore arbitration clauses in the Singapore documents, and Zhang does not know any English.
Since 2014, the bank appointed the financial manager of this account to have abnormal behavior, and the bank has removed his name. According to the customer's inquiry, the invested funds have suffered huge losses and are in debt to the bank.
2. After taking over the case, the lawyer first solved the problem of emergency employment of new law firms and timely submitted a reply before the deadline required by the Hong Kong court; Secondly, the bank communicated with Hong Kong barristers for many times to study and judge the nature, jurisdiction and applicable laws of the case (all in English), so as to lay a foundation for further determination of Hong Kong's jurisdiction and evidence disclosure requirements. Half a year later, the bank was forced to disclose all the case information and found direct evidence such as dereliction of duty and fraud of relevant personnel of the bank; Thirdly, the lawyer also actively communicated with the foreign accounting firm. In the case of extremely lack of cooperation, the lawyer actively inquired the code of the Hong Kong Institute of certified public accountants, reached a settlement in a faster manner, and claimed most of the money according to the law.
(II) the dispute over the L / C of imported wood of a wood processing enterprise
1. Brief of the case
In 2018, the company signed a batch of timber import contracts with Romania, a central European country. The contract agreed that the terms of delivery of goods were CFR Dalian and the terms of payment were L / C. After the Romanian company delivered the goods, because it was the first time to export to China, its salesmen were not skilled in the operation, so that the local timber enterprise was informed more than one month after the arrival of the goods. It was summer, the weather was rainy and humid, and the timber had rotted. However, the Romanian company instructed the freight forwarder to hide the truth and asked the Romanian bank to negotiate. At this time, hundreds of thousands of yuan of demurrage charges had been incurred.
2. Case handling
After taking over the case, the lawyer actively obtained relevant evidence and believed that the Romanian company was highly suspected of L / C fraud. He immediately asked the local enterprise to file a lawsuit of L / C fraud and issued a payment order to the issuing bank. The issuing bank has repeatedly stated that it cannot refuse payment, but after active communication with our lawyer, we have reached a preliminary consensus on the law. The freight forwarder entrusted by Romania has to actively participate in the explanation and coordination of the Romanian company in the face of the increasing demurrage charges owed by it. The Romanian company has to accept our alternative procurement plan and agree to stop the negotiation and cancel the L / C.
(III) in 2017, a large-scale enterprise actively participated in the preparation of Singapore International Arbitration due to the equipment installation project dispute in Australia, provided mature legal opinions, responded to the foreign party's letter of guarantee dispute, and successfully proposed to file a letter of guarantee fraud lawsuit in China;
1. Brief of the case
Since 2012, Zhang opened an account in a bank in Singapore due to the need of personal immigration to Singapore. Without knowing the nature of the account, he signed an investment and financial management agreement and a loan agreement. The bank is engaged in the operation of structured financial products, and the actual place of operation is in Hong Kong, China. Zhang also signed a document agreeing to conduct financial management in Hong Kong, and then remitted a large amount of funds into the account. All the above documents are in English, Moreover, there are Singapore arbitration clauses in the Singapore documents, and Zhang does not know any English.
Since 2014, the bank appointed the financial manager of this account to have abnormal behavior, and the bank has removed his name. According to the customer's inquiry, the invested funds have suffered huge losses and are in debt to the bank.
2. After taking over the case, the lawyer first solved the problem of emergency employment of new law firms and timely submitted a reply before the deadline required by the Hong Kong court; Secondly, the bank communicated with Hong Kong barristers for many times to study and judge the nature, jurisdiction and applicable laws of the case (all in English), so as to lay a foundation for further determination of Hong Kong's jurisdiction and evidence disclosure requirements. Half a year later, the bank was forced to disclose all the case information and found direct evidence such as dereliction of duty and fraud of relevant personnel of the bank; Thirdly, the lawyer also actively communicated with the foreign accounting firm. In the case of extremely lack of cooperation, the lawyer actively inquired the code of the Hong Kong Institute of certified public accountants, reached a settlement in a faster manner, and claimed most of the money according to the law.
(II) the dispute over the L / C of imported wood of a wood processing enterprise
1. Brief of the case
In 2018, the company signed a batch of timber import contracts with Romania, a central European country. The contract agreed that the terms of delivery of goods were CFR Dalian and the terms of payment were L / C. After the Romanian company delivered the goods, because it was the first time to export to China, its salesmen were not skilled in the operation, so that the local timber enterprise was informed more than one month after the arrival of the goods. It was summer, the weather was rainy and humid, and the timber had rotted. However, the Romanian company instructed the freight forwarder to hide the truth and asked the Romanian bank to negotiate. At this time, hundreds of thousands of yuan of demurrage charges had been incurred.
2. Case handling
After taking over the case, the lawyer actively obtained relevant evidence and believed that the Romanian company was highly suspected of L / C fraud. He immediately asked the local enterprise to file a lawsuit of L / C fraud and issued a payment order to the issuing bank. The issuing bank has repeatedly stated that it cannot refuse payment, but after active communication with our lawyer, we have reached a preliminary consensus on the law. The freight forwarder entrusted by Romania has to actively participate in the explanation and coordination of the Romanian company in the face of the increasing demurrage charges owed by it. The Romanian company has to accept our alternative procurement plan and agree to stop the negotiation and cancel the L / C.
(III) in 2017, a large-scale enterprise actively participated in the preparation of Singapore International Arbitration due to the equipment installation project dispute in Australia, provided mature legal opinions, responded to the foreign party's letter of guarantee dispute, and successfully proposed to file a letter of guarantee fraud lawsuit in China;
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