Director / Senior Partner

Beijing

+8613701130780

Litigation Star

Chinese/English


Jurisdiction:

Beijing

Practice area:

Commercial disputes


Lawyer Zhang Yueming is the director and senior partner of Shanghai AllBright (Beijing) Law Firm. Graduated from China University of Political Science and Law, he started working as a full-time lawyer in 1998 and has been practicing for 26 years. He currently serves as the deputy secretary-general of the Civil Litigation Professional Committee of the Beijing Lawyers Association and an expert mediator of the Beijing Dongcheng District People's Court.

Mr. Zhang’s main business direction is dispute resolution. Since his practice, he has represented a large number of civil and commercial arbitration and litigation cases, and has accumulated rich practical experience. As the leader of the team, Mr. Zhang has taken the lead in handling dozens of major and difficult arbitration cases, and has also handled dozens of major and difficult arbitration cases for the PetroChina Department, China Construction Department, China Resources Department, China Electric Power Department, State Grid Yingda Department, Aerospace Science and Technology, Tsinghua Tongfang, and China Galaxy Investment , Haier Financial Holdings, Xuhui Group, Changyuan Group, Guangyuan Real Estate, Langji Real Estate, Yahe Real Estate, Lanxun Technology, Skyworth Technology, French Nexans, Japanese YONEX and other large domestic and foreign companies in litigation, arbitration and enforcement cases and received full affirmation from customers.

  • Case 1: Disputes over the old village renovation project in Wuhan of CIFI Group [Project information needs to be kept confidential]. This project is the renovation of an old village in Wuhan by Wuhan Xuhui Enterprise Management Co., Ltd., a subsidiary of CIFI Group, and Wuhan Lejiate Real Estate Co., Ltd., a village-controlling enterprise. The cooperation involves five land parcels with a contract value of nearly 10 billion yuan. Lawyer Zhang Yueming is the main person in charge of the project and one of the sponsoring lawyers. This project is a typical cooperative development project. In fact, the village-controlled enterprise Wuhan Lejiate Real Estate Co., Ltd. controls the village committee and the land listing process to obtain land value-added income. In essence, it is a disguised reselling of national land use rights. . Later, the two parties had disputes over the validity of the relevant contracts. This kind of behavior is common in the "Three Old Towns" renovation projects. The validity of the contract involved in this case will raise representative objections to the legal compliance of the "Three Old Towns" renovation projects. Moreover, the transaction subject matter is huge, and the final judgment will arouse widespread social attention. In addition, the dispute also involves the addition of debts between shareholders and the project company, and the identification of subrogation rights. The results of related issues will have guiding significance for the subsequent transaction structure design and transaction document drafting of the real estate cooperative development project.
  • Case 2: Cooperation dispute between Zhongnan Real Estate and a certain company [Project information needs to be kept confidential]. This project is Zhongnan Group’s acquisition of a land development project in Gu’an County. The target price is approximately 1.9 billion yuan. Lawyer Zhang Yueming is the main person in charge and one of the sponsoring lawyers of the project. . The nature of the project involved in the case is primary and secondary linked development, that is, the secondary development entity is responsible for completing the relocation of the land as a condition for land bidding. When Zhongnan Group acquired the project involved in the case, it negotiated with the shareholders of the primary development project company and reached a cooperation agreement with a total price of 1.9 billion yuan, of which 1.5 billion yuan was used to repurchase the land relocation area. However, during the cooperation process, Zhongnan Group discovered that the partner, the original shareholder of the project company, had falsely reported the land relocation area in the transaction, thereby significantly increasing the transaction price of the land cooperation, which was suspected of fraud. However, because the project was actually a joint development of primary and secondary levels, the project company actually acquired the relevant demolition rights and interests of the land involved in the case in advance, resulting in the fact that the demolition subject and the demolished subject were actually the same. As a result, the government did not conduct a substantive review and agreed to the original decision. The shareholders operate the relocation plan submitted by the project company to the government.On the one hand, we simultaneously initiated criminal cases against relevant personnel and civil claims cases against partners, which are typical criminal-civilian crossover cases. On the other hand, the civil case of the project itself is extremely complicated. In addition to the response when government documents conflict with the relocation facts, considering that the project development has been basically completed, it is not beneficial for Zhongnan Group to terminate the contract. In the end, the contract law was adopted. "" provides that a contract signed due to fraudulent behavior can be claimed for modification, and a lawsuit for contract modification can be filed. Since the Civil Code has deleted the provisions that can be claimed for changes in contracts signed due to fraud, and also involves the legal application of the Contract Law and the Civil Code, the overall complexity of the case is relatively high.
  • Case 3: Cooperation dispute between Longi Group and Sino-Ocean Capital [Project information needs to be kept confidential]. This project is a long-term real estate development cooperation project between Longi Real Estate Group Co., Ltd. and Sino-Ocean Capital, a related party of Sino-Ocean Group. Sino-Ocean Group is the earliest in China. One of the real estate companies involved in real estate finance business. This project is a typical case of Sino-Ocean Group's cooperation with local real estate companies using the real estate finance model. The total financing scale reaches 5 billion yuan. Lawyer Zhang Yueming is the main person in charge and one of the sponsoring lawyers of the project. one. In this project, Sino-Ocean Capital cooperated with Langji Real Estate to develop multiple real estate projects on the condition of providing financing. The financing model is complex and diverse. In addition to generally recommending banks, trusts and other financial institutions to provide financing, Sino-Ocean Capital also It adopted methods such as raising private equity funds, directional financing plans, raising employee funds, obtaining credit funds from financial institutions such as Kunlun Trust, and then packaging them in the form of shareholder loans. However, due to the high overall financing costs and the overall downturn in the real estate market, disputes arose between the two parties. The project involves dozens of specific financing projects, with a total financing scale of 5 billion yuan and a cycle span of more than 5 years.The facts involved in the case were complex and there were many issues. After our lawyers intervened, we comprehensively analyzed and sorted out the project facts, formulated a risk analysis and response plan for the client, and found a breakthrough in the relevant cases from a legal perspective. At present, by proactively initiating litigation procedures, both parties have entered the mediation and negotiation process, which is expected to help the client resolve the issue through negotiation.

  • Civil litigation
  • Commercial arbitration
  • Business dispute
  • Litigation

  • Construction and materials
  • Real estate

  • Chinese practicing lawyer

  • Deputy Secretary-General of the Civil Litigation Professional Committee of the Beijing Lawyers Association

  • Bachelor's degree, China University of Political Science and Law, graduated in July 1993