Mr. Shen Peng has around 17 years’ experience as a legal professional. Peng’s practice focuses on commercial litigation, international arbitration and compliance-related investigation. Peng was listed by The Legal 500 as 'Next Generation Lawyer' of Asia Pacific in 2017 and 2018. 'In Beijing, Peng Shen is a recommended special counsel', The Legal 500 commented.
Peng has extensive experience in leading major and complicated commercial and IP related dispute matters for both international and Chinese clients especially for those matters relating to industries such as automobile, internet, media, trademark and real estate. Peng also has solid experience in representing various clients in commercial negotiations and employment disputes.
Before joining private sector, he had worked at a Beijing Court from 2000 to 2005. Peng was appointed as a Judge by the local National People's Congress in 2002 and at that time he was one of the youngest judges in Beijing. In the court, he mainly dealt with contract disputes, property disputes and tort disputes. Peng joined Fangda Partners in Oct 2005 as an Associate. After that, he joined Baker McKenzie Beijing office in Oct 2010. Peng was prompted as Counsel in July 2015. Peng leded Baker McKenzie's Beijing dispute resolution team for over 5 years. Peng joined Guantao Law Firm in July 2019 as a partner.
Peng is a seasoned litigator, a law expert and a skilled negotiator. He is a mediator on the panel of Beijing Mediation Center and an arbitrator of Beihai International Arbitration Court.
Practice Areas
Cross-border commercial litigation and arbitration, domestic litigation and arbitration, intellectual property dispute, compliance and anti-bribery investigation.
Representative Clients, Cases or Matters
• Represented a US fund in a CIETAC arbitration proceeding against a leading Chinese housing development company, in relation to a dispute over the holdback of RMB 310 million under a share purchase agreement. CIETAC issued an award in favour of the US fund;
• Represented a world's top three semiconductor manufacturer in its unfair competition lawsuit against another world's top three semiconductor manufacturer before the Supreme People’s Court of China. The damages claimed were more than RMB 200 million;
• Advised a major China state-owned investment bank for a matter relating to application of principle of state immunity in overseas jurisdictions;
• Advised a California based high-tech company who is one of the top one smart phone providers in its series trademark litigations and Administration for Industry and Commerce's proceedings in China. The overall disputed amount was around USD 200 million. The disputes were settled in favour of the California company;
• Advised a global public relation company in its FCPA investigation in China which was connected to PRC authorities' anti-bribery investigation against CCTV, the China's most powerful and influential media;
• Advised a leading US automobile manufacturer in its administrative litigation against China's General Administration of Customs before Beijing No. 2 Intermediate Court. The dispute was over customs duties of RMB 300 million. The case was finally settled in favour of the US automobile manufacturer;
• Advised one of the big four accounting firms in the China Securities and Regulatory Commission's investigation regarding the firm’s alleged fraudulent representation in preparing the annual report for an A-share-listed client of the firm;
• Advised a housing development company in its dispute over a construction agreement in the amount of RMB 360 million before Shanghai No.2 Intermediate Court. The case was settled in favour of the housing development company after a hearing;
• Represented a Hong Kong based client in its action to enforce an ad hoc award made in Hong Kong against a stated-owned enterprise in Shandong Province of China. The award was successfully enforced within 2 months after the action was filed;
• Represented a leading Chinese land evaluation firm in its debt collecting procedure for amount of RMB 160 million against the largest commercial bank in China before CIETAC;
• Represented a Hong Kong listed company in its post-M&A dispute against a top five household appliance chain-retail company of China regarding the acquisition before CIETAC;
• Represented a local government branch of Nanjing City in its arbitration against a real estate company before CIETAC;
• Represented a French luxury brand in its action against a Chinese company which provided convenience in the sale of infringing products before Beijing No. 2 Intermediate Court. This is the first case in China in which the court held that the party which provided convenience for selling infringing products was legally responsible;
• Represented a world-leading telecommunication company against a Chinese company for the collection of more than RMB 150 million outstanding debts in Shanghai, China;
• Represented a UK based luxury sports car manufacturer in its disputes over two distribution agreements with its Chinese distributors in Zhejiang, China. The arbitration proceedings were before CIETAC.
Awards and rankings
• Next Generation Lawyer (Dispute Resolution, China) – Legal 500 Asia Pacific (2017 and 2018);
• Merit Scholarship by Boston University (2008);
• First Class Thesis of Peking University Law School (2005);
• First Class Investigation and Research Report of the Beijing Higher People's Court (2002).
Publications and articles
• 'An Overview of the New Judicial Interpretation on the PRC Administrative Procedure Law and Practical Tips to Foreign Investors', China Law & Practice, May 2018;
• 'China Tightens its Rules Regulating Internet News Information Providers', Bloomberg BNA, July 2017;
• 'The SPC Enhances Protection in Fraud Litigation', China Law & Practice, Feb 2017;
• 'Improper Service Poses Risk for Enforcement of Awards' China Business Law Journal, August 2016;
• 'Has SPC Finally Resolved CIETAC Sub-commission Controversy?', China Business Law Journal, August 2016;
• 'Application of State Immunity in Foreign Jurisdictions for Chinese Entities', speech for China Export & Credit Insurance Corporation, July 2016;
• 'How to Beat Fraud Claims in China', China Law & Practice, July 2014;
• 'Dispute Resolution in China', 2012;
• 'Reform on the Pre-hearing Evidence Disclosure', Beijing Trial, 2002 (awarded the First Class Prize by the Beijing High Court);
• 'Several Issues of Judicial Assistance', Beijing Trial, 2002.
Qualification
• Mr. Shen is admitted in PRC and New York
• Mr. Shen is a member of the International Bar Association
Professional Affiliations
• Mr Shen is an arbitrator of Beihai International Arbitration Court
• Mr Shen is a mediator of the Beijing Mediation Centre and the Beijing Internet Court
Education
• China University of Political Science and Law (LL.B.)
• Peking University Law Scholl (LL.M.)
• Boston University Law Scholl (LL.M.)
Languages
English and Mandarin.
