合伙人

中国

086(21)60613575

争议解决之星

中文 (普通话),英文


法域:

上海市

业务领域:

国际仲裁
政府与监管


Mr. Gao Jun is a partner and head of the compliance and government supervision department of Beijing Zhong Lun Law Firm. Attorney Gao Jun obtained a master's degree in law in the UK, and his working languages ​​are English and Chinese. Lawyer Gao Jun is an experienced lawyer who has been engaged in legal work for 25 years. Mr. Gao Jun entered a court in Shanghai as a criminal judge in 1990 before he was qualified as a Chinese lawyer in 1995. Lawyer Gao Jun has more than 25 years of working experience in compliance and international dispute resolution, which enables him to have a full understanding of the overall operation of the enterprise, and is very familiar with international business skills and pitfalls in negotiations, and has accumulated experience for the company's compliance rich experience. Mr. Gao Jun has provided legal services for many multinational enterprises and institutions as well as large domestic enterprises, and has been widely praised by clients.

 

Airbus - The client is one of the world's largest aircraft manufacturing companies. As a Chinese lawyer, Mr. Gao Jun assists clients in multi-jurisdictional anti-corruption investigations from the French National Finance Office (PNF), the US Department of Justice (DOJ) and the UK Serious Fraud Office (SFO). This case is also the largest case ever filed by PNF, and it is also the one with the highest fine in cross-border anti-corruption sanctions. Attorney Gao Jun's services were directed at PNF, DOJ, and SFO investigations into alleged misconduct by intermediaries and senior government officials in the sale and purchase of aircraft in China. Attorney Gao Jun uses his rich experience in government law enforcement compliance matters, uses multi-level and multi-faceted legal defense skills (lawyer-client privilege, etc.), and meticulously conducts in-depth analysis of domestic political sensitivities and international compliance policies and insights. Mr. Gao Jun helped the client to successfully design a solution, which not only satisfies the investigation requirements of overseas regulators, but also does not trigger government investigations in China. In this case, Mr. Gao Jun also demonstrated his oriental wisdom, closely cooperating with internationally renowned offshore law firms and professional lawyers, and communicating the thinking mode of civil law and common law.

Luckin Coffee - The client is the largest coffee chain in China. Attorney Gao Jun assisted the client's special committee of the board of directors in conducting an in-depth internal investigation of several executives and provided conclusive evidence to support the SEC's response to the investigation. Mr. Gao Jun's team concentrates on conducting state secret investigations and providing legal services to clients from the perspective of Chinese law. When the investigation began, in the middle of the U.S.-China trade war, and before the CSRC provided any clear guidance to the client, Mr. Gao worked closely with the client’s international legal counsel from the foreign law firm and participated in a senior meeting with the client’s senior management. In the decision-making meeting, clear and practical legal suggestions were put forward to the client on several key occasions related to the final direction of the company. Attorney Gao Jun's bold and actionable plan helped clients withstand the pressure of parallel regulatory investigations in mainland China and the United States. Clients have also survived the delisting crisis.

世邦魏理仕环球投资(亚太地区)有限公司 - 中国股东及其任命的管理层通过了一项无效的董事会决议,从合资公司的资金中向其关联公司提供贷款,同时获得了合资公司银行账户中2亿元人民币资金的控制权。外国股东指定的合营公司法定代表人发现了这个问题,并指示我们与银行接洽,并向其发出正式信函冻结账户,这及时阻止了中方提取资金。后来,我们启动了法律程序,以恢复对银行账户的控制权,并获得了银行账户的冻结令,购买了DLA Piper的名字来解决某些离岸相关的问题。中方反驳称,法定代表人冻结银行账户,造成利息损失,侵犯了合营公司的利益,并要求法定代表人赔偿合营公司数百万元人民币。这并不是一个简单的案件-一审法院在作出判决之前必须举行三次听证会。然而,一审法院和上诉法院都做出了有利于我们的裁决,裁定法定代表人无意给合资企业造成损失,法定代表人在特殊情况下采取的行动既不违法,也不违反道德准则。双方之间的争端仍在继续。

此案涉及一家合资企业的控制权,再次提醒我们设计合理的公司治理结构的重要性。从程序上来分析,使用哪个主体的名字和用何种原因提起诉讼是有难度。对我们来说,这家合资企业的特殊治理结构限制了我们从外国股东处获得提起诉讼的授权,我们只能使用法定代表人的名义提起诉讼。中国当事人也有其难题,因为他们不能指示法定代表人提起诉讼,这在中国的诉讼中很常见,因为他们需要让监事提起诉讼,这受到了上诉法院法官的质疑。实质上,这类案件的事实情况很复杂,当事人之间相互提起各种诉讼,这就要求我们既要有重点地陈述事实,又要同时处理不同的诉讼。此外,考虑到合营公司的具体情况,特别是合营公司的治理结构,我们必须制定和部署战略,包括不提起诉讼,使中国共产党通过的董事会决议无效。负责此案的法官撰写了一篇文章,阐述了这一案件的意义和法理基础。最高法院判给该法官颁布一个奖项,以此证明对该案件意义的认可。

A top trust management company in China - representing clients in cross-border business disputes arising from foreign investment. The object of dispute in this case reached tens of billions of dollars. In this case, Mr. Gao Jun cooperated with foreign law firms and initiated four legal proceedings on behalf of clients in China, Hong Kong, the International Chamber of Commerce and the Cayman Islands. As a leading lawyer in China's legal procedures, Mr. Gao Jun's team has won the client's case in the Chinese legal procedures.

 

  • Administration and Regulation
  • Corporate Governance
  • International Arbitration
  • litigation
  • U.S. Foreign Corrupt Practices Act and Enforcement

  • aviation
  • energy
  • Health and environmental protection
  • industry
  • Technology and Telecommunications

  • Chinese lawyer qualification

  • Member, ICC Arbitration and ADR Committee, Task Force on Anti-Corruption in International Arbitration
  • Director of China Arbitration Law Research Association
  • Member, Anti-Corruption Committee, International Bar Association
  • International Bar Association Arbitration Committee, member
  • Member, International Bar Association Commercial Crime Committee
  • International Bar Association Litigation Committee, Member

  • University of Hertfordshire, UK, LLM (1999-2000)
  • East China University of Political Science and Law, Bachelor of Laws (1986 - 1990) (now: East China University of Political Science and Law)