Liu Bin

Bin Liu

Areas of practice

Mr. Liu Bin specializes in PRC litigation, arbitration and non-arbitration treatment. He is especially adept at handling disputes in corporate and investment M&A, financial and asset management, securities compliance and major commercial transactions. He handled a number of commercial cases of significant impact. Mr. Liu also serves as the annual legal counsel for several state-owned enterprises, central enterprises and large-sized enterprises. 

Mr. Liu is skilled in dealing with disputes in shareholders' equity, corporate governance, struggle for control power, company investment merger and acquisition, dissolution and liquidation and bankruptcy among others covering all stages from establishment of enterprises to their liquidation and cancellation. Mr. Liu provides one-stop comprehensive legal solutions with respect to a company's business objectives. Representative cases handled by Mr. Liu include: first instances of civil and commercial cases since the establishment of the Supreme Court, first case of the international commercial court in the Supreme Court; the first case that the judicial judgment holding the view that the failure of shareholders to disclose information of overseas stock entrustment did not harm the interests of the company in the merger and acquisition of a listed company involving a VIE structure; a series of cases involving the struggle for control power and equity dispute of a national famous beverage company; disputes in investment and M&A of the subsidiaries of The National Energy Group and a listed media company; several Sino-foreign joint venture disputes such as a Sino-foreign LED joint venture company and a mining listed company; and several cases of company dissolution, liquidation and bankruptcy. 

Mr. Liu also has a variety of experience in various kinds of dispute resolution with regard to capital and asset sides. Mr. Liu has handled more than 20 billion financial and asset management cases, providing crisis response and dispute resolution legal services for many trust companies, asset management companies and funds. On the capital side, Mr. Liu often assists clients in dealing with investor complaints, lawsuits and arbitration, such as a series of claims involving the first batch of investors suing a trust company. On the asset side, typical representative cases include a debt restructuring project under the real estate trust plan of a trust company and an enterprise in Yunnan; a dispute over financial borrowing between a trust company and several Shanxi companies; a case of compulsory execution and struggle for control power between a trust company and a Beijing enterprise under a real estate trust plan; a case of compulsory execution between a trust company and a listed art company.

Mr. Liu is adept at dealing with major commercial transaction cases, representative cases include a controversy over the ownership of “Ming Dynasty wine cellar”— a core asset of a national famous wine industry listed company; the first case in terms of the certification of independent guarantee fraud after the issuance of the judicial interpretation of independent guarantee; a series cases of financing trade, etc. In addition, Mr. Liu represented a number of listed companies and intermediary institutions in their response to the investigation, supervision and punishment of securities regulatory agencies in the field of securities compliance. Representative cases include: a group litigation case in terms of a listed company making false statements for civil compensation; a case of stock market manipulation by an ETF of an investment management company in Beijing; the punishment of a securities firm in Beijing for not being diligent in due diligence, and more. 

Mr. Liu pays special attention to the theoretical research of commercial litigation. Mr. Liu has published numerous academic papers in the core periodicals such as “Journal of Law Application”, “The People’s Judicature”, and is the editor for ”Company Law Case Tutorial", “Basic Guide for Lawyers in Handling Company Dispute" and other books.

Work experience

Liu Bin joined King & Wood Mallesons in 2012. Prior to this, Mr. Liu was a Judge of the Tribunal for Commercial Affairs at a Beijing’s Intermediate People's Court for almost seven years. During this period, he was responsible for handling and participating in studying nearly 2000 cases, and achieved a deep understanding of the operating rules for company, finance and contract related commercial cases for the judiciary mechanism.

Mr. Liu received his LL.B. degree of Economic Law from China University of Political Science and Law in 2002, and afterwards gained his LL.M. degree from the same university in 2005.


Location

Legal insights

Recently, the Supreme Court has referred to the Deep Rock Doctrine in a case in relation to enforcement of a distribution plan.

29 April 2015

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