Areas of Practice
Mr. Joseph Chen specializes in commercial dispute resolution, particularly in domestic commercial litigation and arbitration involving finance, real estate, and corporate. He is also good at handling administrative litigations. Mr. Chen has over 15 years of experience in dispute resolution.
In the field of financial dispute resolution, Mr. Chen has led a number of new types of financial cases and achieved good results for clients, in addition to handling numerous disputes in relation to financial loan contract, trust contract, letter of credit, bill, corporate bond transaction, fund, etc. He once represented a policy insurance company in its dispute over credit insurance contracts, and won the case despite the fact that the client generally lost the same type of cases during the same period. He also represented a securities company in its disputes over margin financing and securities lending transactions, which was the very first case involving "circumvention" in the transaction in Shanghai. In an independent guarantee dispute, Mr. Chen represented a well-known multinational telecommunication company in dealing with the complex legal issues in the case including the identification of guarantee fraud, the recognition and enforcement of overseas arbitration, etc., and successfully helped the client prevent the issuer of the guarantee from making the payment in the end. He has ample experience in realizing large-scale debts for a number of banks, financial leasing companies and funds, and is always able to maximize the enforcement of the effective legal documents after securing the favorable judgement or mediation by exerting high pressure on the other party in multiple ways including property preservation and restriction of the actual controller of the other party from exiting the country. In addition, Mr. Chen regularly represents clients in complex financial disputes involving criminal crimes and administrative penalties, and manages to strive for the best interests for clients with his profound expertise.
As for real estate related disputes, Mr. Chen has developed extensive experience in land transactions, cooperative development, construction project, real estate sales, leasing, property management, investment and operation of large shopping malls, etc. He has represented many developers, contractors, suppliers, designers and other parties in a large number of litigations and arbitrations. Recently, Mr. Chen has represented a real estate developer in dealing with a construction contract dispute filed by a large-scale contractor. With substantial experience in construction settlement, he is able to help set the settlement price of the project within a reasonable range for the best interest of the client. In a class action brought by the house owners over the quality of house decoration, he successfully defended the client by interpreting the contract terms and industry practices to convince the court to determine that the agreed price of the decoration project was a closed price even after a judicial appraisal was entrusted by the court. He also represented a real estate development enterprises in Shanghai in the real estate development disputes in Guangxi. By utilizing his expertise in real estate dispute resolution, Mr. Chen managed to eliminate the other party's local influence as a holding company of a listed company and successfully facilitated the settlement of the case through mediation.
As for corporate related disputes, Mr. Chen regularly represents clients in resolving disputes relating to equity transfer, anonymous shareholder, valuation adjustment mechanism, shareholder's qualification, company control, etc. Some of his representative matters include:
Advising a domestic leading enterprise in the fashion clothing industry on its Pre-IPO crisis and successful listing.
Representing a small shareholder of a well-known chemical company in disputes involving the internal division of tort liability among the company's shareholders. Despite the difficulties of limited legal provisions in the area and the lack of precedents on similar cases, he finally helped the client win the case in the second instance after the first instance was lost, saving the clients from huge losses.
Representing a subordinate company of a central state-owned enterprise in a dispute over a company's control rights. After litigation, negotiation, and on-site intervention, Mr. Chen finally helped the client obtain control of the target company.
Representing many well-known foreign funds, city investment funds, insurance companies, etc. in equity repurchase disputes. He provided solid legal basis for the clients to withdraw effectively and recover the investments from the target companies, through a comprehensive strategy of application of the existing laws and regulations, reference to typical cases and practical experience.
As for the administrative litigations, Mr. Chen has successfully represented Shanghai Municipal Commission of Commerce in various administrative lawsuits filed by different entities. He also provides the Commission with day-to-day legal services, helping it resolve all kinds of disputes and conflicts and avoid unnecessary disputes among clients.
Before joining Shanghai office of King & Wood Mallesons in 2012, Mr. Chen worked in a well-known Shanghai-based law firm.
He obtained his LLB from East China University of Political Science and Law and was admitted to practice law in China in 2005.
His working languages are Chinese and English.