Yu Zheng is proficient in both English and Mandarin. In addition to being a qualified Chinese lawyer, Yu Zheng is well-grounded in Singapore law (and the common law generally) through his LLM and experience working in Rajah & Tann.
Being familiar with both common law legal system and Chinese legal system, Yu Zheng is frequently engaged by Chinese parties in arbitration in Singapore, London and Hong Kong, as well as by non-Chinese parties to manage litigations and arbitrations taking place in China.
Yu Zheng has a wide range of contentious experience having acted as counsel in international arbitrations in London, Singapore, Hong Kong and the People's Republic of China. These arbitrations involve varied issues related to the shipping / commodity industry, ranging from bill of lading / charterparty disputes to international sale of goods as well as shipbuilding / vessel sale and purchase disputes, as well as other types of contracts, such as construction, patent license, hotel management, sale and purchase of shares, joint venture, and factory designing.
His experience includes:
Litigation and Arbitration in Singapore
- Acted for a state-owned company in Anhui province in a Singapore arbitration arising from a contract for sale and purchase of Mauritanian iron ore, and eventually succeeded in defending the claimant’s claim of USD 4.5 million.
- Acted for a Chinese company in Jiangsu Province against an Indonesia ore miner and an Indonesia insurance company in three SIAC arbitrations arising from a contract of long term supply of Indonesian nickel ore, and a related letter of guarantee. The amount in dispute is around USD 10 million.
- Acted for a Chinese company in Jiangsu Province against a Singapore company in a SIAC arbitration arising from a series of contracts for of sale and purchase of Indonesian and Philippine nickel ore. The amount in dispute is about USD 6 million.
- Acted for a private shipyard and a stated owned export and import company in Shandong Province, China, as co-claimants, in three SIAC arbitrations relating to disputes arising from three shipbuilding contracts. The amounts in disputes in the three cases add up to about USD 35 million.
- Acted for a petrochemical company listed in China to defend a claim by a Mexico company in an ICC Singapore arbitration. The underlying disputes arise from a technology license agreement. The claim amount exceeds USD 22 million.
- Acted for a shipyard in Dalian, China, in two arbitrations in Singapore relating to two shipbuilding contracts. The amount in disputes in the two cases adds up to about USD 23 million.
- Acted for two Singaporeans (sellers) in a SIAC arbitration against a Singapore company (buyers). The disputes arise from an agreement for sale and purchase of a company registered in Shanghai (the "Target Company"). The Target Company's main asset is a land use title, the value of which is around RMB100 million. The Singapore buyer seeks a specific performance order to compel the sellers to complete the transfer of the shares of the Target Company.
- Acted for the seller against the buyer’s claim for specific performance remedyin an SIAC arbitration arising from a contract for sale and purchase of a company whose main assets is a land-use title in Shanghai FTZ, The value of the land-use title allegedly exceeds RMB120 million.
Arbitration in London and Hong Kong
- Acted as the lead counsel for the claimants in MV Lr Lily, a consolidated ad hoc arbitration in Hong Kong. The disputes arose from a charterparty and a bill of lading for carriage of iron ore from Indonesia to China.
- Acted as the counsel for the respondents charterers against the shipowners in MV Thomas C, an ad hoc arbitration in Hong Kong, The disputes arose from a charterparty for carriage of Indonesia coal to China.
- Acted for Qingdao Shunhe Shipping in a tri-partite arbitration in London regarding the sale and purchase of the Lacerta. The value of the claim is USD 32 million.
- Acted for a Zhejiang shipyard in London arbitration and succeeded in its claims against a German shipowner registered in Cyprus in the amount of around USD 160 million. The claims arose from six identical shipbuilding contracts.
- Acted for Minmetals in two London arbitrations again Glory Wealth and Transfield regarding a chain of charters of the Iron Miner. The total claim amount in both cases is about USD 130 million.
- Acted for a stated-owned enterprises in China against a Hong Kong company in a Hong Kong arbitration relating to a contract of affreightment. The claiming amount is about USD 18.5 million.
- Acted for Xixiakou Shipyard and a stated owned export and import company in China, as co-claimants, in two London arbitration cases relating to disputes arising from two shipbuilding contracts. The amounts in disputes in the two cases add up to about USD 40 million.
- Acted for a Zhejiang shipyard to defend a claim by a Dutch shipower under ship quality warranty in a London arbitration and successfully persuaded the tribunal to reject the majority part of the shipowner's claim.
- Acted for an internationally renewed hotel management group in HKIAC arbitration against a Chinese hotel owner. The disputes arise from alleged repudiation of a 20-years brand license agreement, and the claim amount exceeds RMB 24 million.
Litigation and Arbitration in China
- Acted for the cargo interest against the shipowners in the Oinoussian Strength (Wuhan Maritime Court), which at that time was the biggest marine cargo damage case in China.
- In the Sealink Maju 4 & 5 (Zhejiang Provincial High Court), the two vessels have been wrongfully detained in China for ten months, and are involved in disputes of ownership. He helped the Malaysian buyers get the vessels released. The judgment of the first trial has been reported online (http://dai.gzhsfy.org/hs/writ/judgementDetial.php?sId=2504). This case was later retried by the Supreme People’s Court of China and finally settled.
- Xixiakou Shipyard v. Wartsila, and others (Supreme People’s Court). This is the first case decided by the Supreme People’s Court that although the arbitration clauses are valid, the Chinese court shall still have jurisdiction over the disputes that are covered by the arbitration clauses.
- Acted for an internationally renewed hotel manager in a Shanghai CIETAC arbitration against a major tourism group in China. The claim amount is approximately USD 9 million.
- Successfully assisted a Singapore company challenged the jurisdiction of Fuzhou Intermediate Court in favour of Singapore arbitration in MV Magnum Force (Fuzhou Intermediate Court), and distinguished the Xixiakou case.
- Following the economic crash in 2009, he acted for a Jiangsu shipyard and its financier in the negotiation of restructuring of six shipbuilding contracts and successfully novated the contracts to another shipyard for the latter to take over the construction of the six vessels. The original price of the six vessels adds up to about USD 120 million.
- He acted for and successfully helped a Hong Kong listed bunker supplier collect overdue debt of around USD12 million plus interest and legal costs from a China background ship operator.
- Assisting a German KG in claiming against, and searching assets of, a Chinese shipping company (listed in Shenzhen Stock Exchange) in various countries, including China, Hong Kong, Singapore, Malaysia, India and South Africa.
- The Fu Wang is a dispute relating to loss of cargo on board. The value of the lost cargo is alleged to be USD 1.8 million. He helped China P&I and the owners release the vessel from India and fight against the claimants in both Indian court and Singapore arbitration.
- Advising a leading collateral manager company in Asia on a new structure of commodity finance in China.
- Advising a Singapore listed company on dismissal of a senior manager in the company’s subsidiary in China for the employee’s breach of fidelity duty.
- Advising a Singapore-invested company in Suzhou on dismissal of a group of managing and technical staff for their breach of fidelity duty.
- Acting for a Hong Kong listed bunker supplier in claiming against and tracing the assets of a major Chinese shipping company in China, Hong Kong, Singapore and Taiwan. Eventually, the bunker supplier successfully recovered more than USD12 million principal claim amount, plus interest and legal costs.
- Acting for a German shipowner against a major Chinese shipping company (listed in Shenzhen) for unpaid charter hire and damages subsequent to earlier termination of a long-term charterparty. Investigating the debtor’s assets, and lodging various court proceedings in China, Singapore, Malaysia, South Africa, etc.
- Acting for a bank in the alumina warehouse financing fraud in Qingdao port in 2014. The value of the cargoes involved is around USD25 million.
- Frequently acting as the retained legal consult for commodity traders in China, Singapore and Hong Kong, including advising a Shanghai trader in a 5-year long term contract for purchase of Indian iron ore. The total value of the contract is USD 95 million.
- “Comments on SIAC Arbitration Rules of 2010 Version”, co-author with Yang Anshan, published at page 104 of Annual of China Maritime Law, Vol. 22, No 2, 2011.
- “May Claimants Arrest the Guarantor’s Vessels for Claims Arising from a Performance Guarantee under a Charterparty?”, co-author with Yang Anshan, published at page 103 of Annual of China Maritime Law, Vol. 21, No 3, 2010.
- “The Discretionary Power of the English Court in Recognizing and Enforcing Foreign Arbitral Awards”, co-author with Yang Anshan, published at page 114 of Annual of China Maritime Law, Vol. 21, No. 2, 2010.
- “Supreme People’s Court of China Has Denied the Effectiveness of an Arbitration Clause in a Bill of Lading”, co-author with Yang Anshan, published at page 10:404 of 2010 Annual Review of International Banking Law & Practice.
- “Recent Amendments to Civil Procedure Law”, published at page 22 of Sea Venture, 11th issue, a periodical by Steamship Mutual (Also online: http://www.simsl.com/SeaVenture.html).
- “The Enforcement of China Judgment in Singapore”, Co-author with Toh Kian Sing, SC, presented at China Lawyers Maritime Law Forum, November 2007, Ningbo, China, also published in Guangxi Lawyers, 1st Vol of 2008.