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  • Tel: +86-0571-88163089
  • Fax: +86-0571-87901650
  • Email: chenhe@tclawfirm.com
  • Office: Hangzhou
He ChenAssociate

FIELD OF EXPERTISE 

Mr. Chen is licensed to practice both in the People's Republic of China and the State of New York, USA. His main areas of practice include cross-border dispute resolution, international trade and investment, and data compliance.

In the field of cross-border commercial dispute resolution, the cases recently handled by Mr. Chen include but are not limited to:

Assisted a multinational medical equipment company in dealing with complex cross-border commercial disputes in the European market, including exclusive distribution licenses, unfair competition with suppliers/competitors from various jurisdictions, taking the lead in managing/coordinating multiple offices of Allen & Overy in all disputes.

Represented a Chinese chemical enterprise in handling intellectual property disputes in the United Kingdom, Germany, and PRC, responding against the patent holder's letter of accusation, managing and coordinating top international law firms specializing in patent litigation, and overseeing the preparation of cross-border litigation, including evidence collection, legal reasoning, and drafting of pleadings.

Represented a PRC paper industry giant in handling joint venture disputes with a German company, negotiating with German lawyers on disputes over entrusted operation, capital management, profit distribution, loan interest, etc., seeking lawful termination of cooperation, and dissolution of the JV as well as the entrusted operation.

Represented a US cross-border e-commerce company in initiating arbitration against domestic defaulting parties over disputes related to exclusive agency agreements, pursuing damages and loss of profits for illegal termination of operations, damage to goodwill, and dumping of cooperation products on US e-commerce platforms.

Represented enterprises in handling complex international commercial arbitrations at renowned arbitration institutions such as CIETAC, SCIA, HKIAC, etc., and handled various foreign-related commercial litigations in PRC courts.

 In the field of international trade/investment and commercial transactions, the cases recently handled by Mr. Chen include but are not limited to:

Advised a PRC high-tech company in the meteorological data monitoring industry for its cross-border transactions in multiple Asian countries, including but not limited to the lease/sale of marine monitoring radar and data services, designing transaction framework, negotiating contract payment and other damage claims.

Advised a large PRC pharmaceutical company in its R&D cooperation and license-in with a Dutch partner, leading multiparty negotiations in complex business models, and building the M&A framework for the strategic cooperation.

Provided foreign-related commercial legal services for various large enterprises' international trade, investment and daily operations, such as annual legal services or special transaction support. 

In the field of cross-border data compliance, the cases recently handled by Mr. Chen include but are not limited to:

Assisted a Chinese pharmaceutical giant in dealing with cross-border discovery procedure in U.S. litigation, while fulfilling obligations under the FRCP, completed responsiveness review and PRC data security assessment for millions of documents.

Advised a U.S.-listed company in gaming industry for data compliance matters involved in a federal class action, providing legal services such as personal information security review and compliance guidance on cross-border data transfer.

Provided systematic compliance services on Personal Information Protection Law for an Italian fashion industry giant, including the formulation of privacy policies, internal multi-layer data governance system. 

EDUCATION

 Mr. Chen holds a Master of Laws (LL.M.) in International Business and Economic Law from Georgetown University, and a Bachelor of Laws (LL.B.) from Shanghai International Studies University. Additionally, Attorney Chen is certified with the TEM-8 (Test for English Majors-Band 8) qualification, and has obtained the Advanced Training Certificate in International Commercial Arbitration from the ICC International Court of Arbitration, as well as the Certificate in International Arbitration and Dispute Resolution from Georgetown University Law Center.

PUBLICATIONS

Research on Issues and Countermeasures of Legal Regulations on Cross-Border Data Flow in China, Studies on Frontier Issues of Financial Law (Shanghai People’s Publishing House), June 2024

An Introduction to ICSID Jurisdiction and Arbitration without Privity, FDI Moot, Oct 2021

Data Security Law Practice in China, Asialaw, Jan 2021

Standard of Review for the Validity of International Arbitration Agreements under Dutch Law, Zhejiang Lawyer, Jul 2020