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Duan Aiqun  

Duan Aiqun
Chief-Partner of Hailyare & Partners
Economic Researcher of Research Institute of Fiscal Science, Ministry of Finance, P.R. China
Legal Researcher and Supervisor of LLM students, in Law Faculty of Research Institute of Social Science, P.R. China
PH.D

Education Experience
LL.B. degree with concentration in economic law, East China University of Politics and Laws (July ,1986).
Master of economic with concentration in International finance, Fudan University (July, 1997).
Doctor of economic with concentration in finance , Research Institute of Fiscal Science, Ministry of Finance, P.R. China(July, 2003).
Post-doctor of Law , Law Faculty of Research Institute of Social Science, P.R. China(September ,2005).

Working History
April of 1987―July of 1994 Construct the Anhui Foreign-related Economy Law Firm, and practicing law in it.
July of 1997―August of 2000 Construct the Shanghai Hailyare&Partners, and acting as the director in it.
May of 2005 till now Acting as the director of Shanghai Hailyare&Partners.

Publications
1998.5 "The principle of the International Merger & Acquisition and The analysis of the examples" , Law Press. China.
2005.12 “ Measuring in law and balancing in policy―Practical analysis on the rules of subsidy and countervailing under WTO”, Economic Science Press .

Speciality and Outstanding Achievements

1. Massive Academic Framework and Abundant Legal Practices
In the 17 years legal practices, he operates in comprehensive affairs, most of which are foreign-related, such as foreign related finance and trading affairs.

In 1987, he undertook the first foreign-related arbitration affaire in Anhui province and retrieved economic losses nearly 30 million RMB.

Then he acted as legal consultant and provided legal service for 7 provincial foreign trade companies, such as Anhui Imports and Exports Company, Anhui Technic Imports and Exports Company, Anhui Costume Imports and Exports Company, etc, and Anhui International Trust Company and China Bank, and during that time he handled plentiful legal affairs on international trading and financing investment and led to excellence. Successfully undertook some legal cases, such as the financing affair between Haitong Securities Limited Company and Dalian International Yacht Club, the syndicate loan affair of Pudong Development Bank, the house property combined-construction affair between Shanghai Pudong Housing Development (Group) Company and Shanghai Agricultural Investment Company, the foreign trading affair associated with 4 countries, 3 provinces.

From February 1999 to November 2001, he acted as the agent for Chinese citizen, Lu Hong, to bring a suit against American United Airlines for damage compensation, and finally made a success. This is the fist case that be heard and judged by the international aviation pact and international law in China, and also the first case that brought by a Chinese citizen against the international giant―American United Airlines and made a successful win. It was reported by dozens of media, including CCTV, Phoenix TV.

In 2004, in the dispute of the control right over Jiangsu Jiangshan Pharmaceutical Co., Ltd , he acted as the defense lawyer for Jiangsu Worldbest Pharmaceutical Co., Ltd. and successfully maintained the client’s control right. When he took over the case, it was the very a harsh time for Jiangsu Worldbest Pharmaceutical Co., Ltd. Facing the hardness, and by right of the exquisite specialty on finance and law, he made a great breakthrough in this case, and finally kept the control right for his client.

In 2005, he acted as a legal consultant for PingAn Insurance Company (Group) Co. Ltd. in the Guangdong Development Bank purchasing case, which brings the world-wide attention last year. He gave professional counsel by taking part in negotiations, making Due Diligence, providing legal advices with his colleagues to PingAn and helped PingAn getting a favorable position during the biding period. His exquisite specialty and earnest attitude brought him wide respect from the client, even his opponents.

2.Good at Handling Complex Affairs Involving Economy and Law
Long time practices in law and 3 years professional study on international finance offered him a special opportunity to make exploration in a crossing field―economy and law, to conjecture economy issues in the eyes of the law, and to form his outstanding and complex knowledge structure.

3. Mature Financial and Security Experience Through a Great Deal of Related Work
Wrote legal documents for IPO of Wanneng Corporation limited.
Joined the joint-stock transform of Gujing Company and Wantong Company.
Act as independent director of Huangshan Travel Limited Company.
Act as chief legal counselor of Huayuan Group Company which has four listed company.
Act as agent for Haitong Security Limited Company and Dalian International Yacht Club in financing certificate cases
Joined share purchase case of Yuandong Limited Company in Changzhou in Jiangsu Province.
Take charge of Bank Group Loan dispute between Pudong Development Bank and Suzhou Guangming Silk Factory.
Act as project lawyer for Ningbo Dongmu limited Company and make it pass State Development and Reform Committee’s Auditing.
Act as legal counselor for China Ping’an Insurance Company to do overseas list. Design and demonstrate the list scheme and harmonize it with related authorities.
Act as internal auditing commissioner, taking charge of its financing and legal issues.
Acted as agent lawyer of Huayuan Pharmacy limited Company for its arbitrage with Jiangshan Pharmacy Limited Company and won the case.
Acted as counselor of Ping’an Insurance Group Company and joined its bid for Guangdong Development Bank.

4. Good Knowledge of WTO and International Law
Be able to deal with legal and economic risks with international view. Has capability of designing proper project structure and operating mood for export-oriented economy enterprises. Has skillful English in listening, speaking, reading and writing.

After China’s entry of WTO, Economic society as the rule of export-oriented economy should be brought in line with international standard. Domestic and international markets and their legal environment separately are the fundamental factor of selecting opportunity and avoiding risks. Therefore, thinking from the factors talking above is the key of designing, deciding and programming active, advanced and strategic project.

5. Having Established a Profound Friendship and Maintained Close Personal Relationships with High Commissioner in the Field of Economy and Law
For the purpose of putting my research into practice, while doing my job as a lawyer, I go to the Ministry of Finance, the Ministry of Foreign Trade and tax bureau to investigate the kind, way, condition and industrial supporting policy of our country’s subsidy in the condition of compatible problem under the WTO. The aim is to explore the expenditure on tax, finance and the optimization and efficiency of industrial supporting ways of appropriation budget, especially the canonical requirement of SCM agreement and the legal problems of our government industry support after China entering the WTO . During the process, I have established a profound friendship and maintained close personal relationships with the leaders and teachers in the field.

Contact Information
Tel: +86 13901882119   (86 21)50932900
Office: 5th Floor, Juyang Mansion, 1200 Pudong Avenue, Pudong, Shanghai, P. R. China

 

 
 
 
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