Ms. Eileen Xu is a Partner at Zhong Lun W&D Law Firm, where she specializes in commercial dispute resolution and compliance. She also maintains a long-term focus on practical matters within the pharmaceutical industry, such as investment, financing, M&A, pharmaceutical compliance, and data compliance.

Her client portfolio included numerous Fortune 500 multinational corporations (including MNC), state-owned enterprises (SOEs), leading private enterprises, and start-up biopharmaceutical firms, such as Ericsson, Goldman Sachs, Carlsberg, Apple, Nokia, Orange Business, IMA, CBMI, Anhui Anliang Group Co., Ltd., Shanghai Electric Group Company Limited.

Ms. Xu practiced at a top-tier "Red Circle" law firm in China. She has handled numerous complex civil and commercial disputes related to equity, corporate control, construction project, sales/distribution contract, disputes arising from virtual currency-related contracts, enforcement of arbitral awards, and actions to set aside arbitral awards. Ms. Xu is well-versed in a wide range of procedural matters, including cross-border litigation and arbitration, domestic litigation and arbitration, international arbitration, and U.S. litigation. She has also participated in internal anti-corruption and anti-bribery investigations for MNC pharmaceutical companies.

Ms. Xu also served as a Legal Manager at a multinational pharmaceutical CRO. She possesses systematic practical experience and profound insights into pharmaceutical compliance, personal information protection in the pharmaceutical industry, investment, financing, and M&A in the life sciences and healthcare industry, as well as compliance pathways for cross-border data transfers.

Contractual Cases:

• Represented a large Chinese state-owned manufacturing enterprise to commence English-language arbitration administered by Singapore International Arbitration Centre (SIAC) under the UNCITRAL Arbitration Rules for an international equipment sales contract dispute against an Indian construction company. The dispute was governed by English law with Singapore as the arbitral seat and a disputed amount of approximately USD 6 million. Ms. Xu assisted the client in developing arbitration tactics, drafted English arbitration documents and appeared at hearings, resulting in complete victory whereby all the client’s enforcement costs including arbitration fees, legal expenses and disbursements were fully borne by the opposing party.

• Represented a large state-owned enterprise in Anhui Province to initiate an English arbitration proceeding concerning a dispute over an international contract for the sale and purchase of goods before the International Oil, Oilseeds and Fats Association (FOSFA). The arbitration was governed by English law, the seat of arbitration was London.

• Represented a well-known Fujian high-tech enterprise to defend claims arising out of a sales agreement dispute with a Guangzhou technology company involving a disputed amount of RMB 170 million. Successfully filed jurisdictional objection whose grounds were fully sustained by Guangzhou Intermediate People’s Court, leading to full case transfer from Guangzhou Intermediate People’s Court to Fuzhou Intermediate People’s Court.

• Represented a foreign-invested CRO in potential technical service contract disputes against a start-up pharmaceutical enterprise, and secured an extremely favorable settlement agreement for the client after multiple rounds of negotiations.

• Represented a major Chinese state-owned enterprise defending litigation filed by a U.S. corporation in Oklahoma state court; successfully remove the case to U.S. District Court for the Western District of Oklahoma (a federal court) and formulated comprehensive litigation strategies to facilitate a mutually settled deal favorable to the client and fulfill the client’s core objectives.

• Represented a Hong Kong registered enterprise in an international goods sales contract dispute with an Indian counterparty. Despite ambiguous choice-of-forum clauses and neither contracting party being domiciled within mainland China, successfully convinced Fengtai District People’s Court of Beijing to accept the case and accomplished the client’s intended goals.

• Represented a U.S.-based company to initiate arbitration proceedings before Beijing Arbitration Commission (BAC) over a sales agency agreement dispute with a Hebei-based Chinese state-owned enterprise. The arbitration was governed by PRC law with Beijing as the arbitral seat; Ms. Xu obtained a full favorable award on behalf of the client.

• Represented a Fortune 500 company to defend in a service contract dispute between the company and a Chinese company before the China International Economic and Trade Arbitration Commission (CIETAC). The matter involved U.S. regulatory oversight over the Fortune 500 client; working in close coordination with the client’s U.S. headquarters, Ms. Xu helped the client effectively avert further legal risk and earned positive feedback from the client.

• Represented a Fortune 500 company to file CIETAC arbitration proceedings regarding a bid abandonment dispute against a Chinese counterparty, obtaining a highly beneficial settlement endorsed via a formal CIETAC mediation award.

• Represented a renowned film & television company together with a famous director to initiate litigation against a prominent Entertainment Company at Chaoyang District People’s Court of Beijing, with a disputed claim value of around RMB 12 million.

• Represented a leading domestic solar PV manufacturer in BAC arbitration against its supplier concerning component quality breaches under a goods sales contract. Having intervened at the pre-arbitration potential dispute stage, Ms. Xu helped the client preserve critical evidentiary materials prior to filing arbitration; all legal arguments submitted during arbitration were fully adopted by the arbitral tribunal, securing a complete winning award and recovering all economic losses for the client.

• Represented a prestigious Fujian high-tech enterprise to file enforcement objection against compulsory enforcement measures imposed by Penglai District People’s Court of Yantai, Shandong Province on one of the client’s bank accounts; successfully recovered the frozen funds for the client and withdrew the objection application upon the presiding judge’s request.

• Represented a large Chinese construction SOE to defend claims and file counterclaims in CIETAC arbitration for a civil engineering subcontract dispute relating to a cement plant construction project located in the Philippines against a Chinese private enterprise, with the arbitration governed by Philippine law and seated in Beijing, China.

• Provided specialized legal consultation services in connection with SIAC arbitration concerning an international construction contract dispute between a large Chinese state-owned construction enterprise and a Thai project owner.

• Rendered legal advisory services for HKIAC arbitration arising from a patent contract dispute between a leading Guangzhou cultural & entertainment enterprise and a German corporation.

Cases Related to Finance, Equity and Corporate Governance:

• Represented the China subsidiary of a famous international investment bank to institute two separate CIETAC arbitrations for financial lending contract disputes against a large Chinese real estate developer. The dual-track Chinese-English arbitrations were governed by PRC law with Beijing as the arbitral seat and a combined disputed principal amount of roughly RMB 1.4 billion, with full favorable rulings obtained for the client in both cases.

• Designed litigation strategies and initiated court proceedings for a client entangled in a bitcoin trading dispute; subsequently withdrew all filed lawsuits following shifts in domestic regulatory policies governing virtual currency in China.

• Represented an internationally renowned overseas brewery company to initiate Chinese-English arbitration at Shenzhen Court of International Arbitration (SCIA) over an equity transfer dispute with a Chinese entity. Governed by PRC law with Shenzhen as arbitral seat and a disputed value of approximately RMB 60 million, full judgment was secured in favor of the client.

• Assisted an overseas enterprise in applying for compulsory liquidation of a Sino-foreign joint venture before a people’s court in Heilongjiang Province.

• Represented an investment corporation to resolve corporate business license return disputes against a counterpart and formulated comprehensive litigation strategies to secure de facto control over the target enterprise.

• Drafted expert witness opinions under PRC law for an ICC arbitration proceeding, focusing on judicial interpretation of Material Adverse Change clauses stipulated in cross-border equity transfer agreements under Chinese legal framework.

IP Infringement Cases:

• Prepared detailed legal memoranda for a U.S. enterprise addressing trademark infringement and unfair competition claims against a Hong Kong entity; fully represented the same client in successive first instance, second instance, retrial first instance and retrial second instance proceedings for a reputation infringement case heard at China’s Internet Court against the aforesaid Hong Kong company.

Cases related to Annulment and Enforcement of Arbitral Award:

• Represented a U.S. enterprise to apply for compulsory enforcement of a valid arbitral award before Shijiazhuang Intermediate People’s Court of Hebei Province arising from prior arbitration against a Hebei-based Chinese SOE, successfully recovering full awarded payment for the client.

• Defended a U.S.-based company against an application to set aside an arbitral award at Shijiazhuang Intermediate People’s Court of Hebei stemming from its contractual dispute with a Hebei state-owned enterprise and obtained a complete winning judgment.

• Acted for the China subsidiary of a multinational conglomerate to file an application for vacatur of a CIETAC arbitral award before Beijing No.4 Intermediate People’s Court in a facility procurement contract dispute versus a Shenzhen corporation, with core controversy centering on the procedural validity of arbitration service of process.

Compliance Projects:

• Took part in an internal compliance investigation project for a major U.S. pharmaceutical conglomerate, principally in charge of compliance probing work covering all its Chinese subsidiary entities.

• Participated in an internal compliance investigation project for a mobile internet enterprise headquartered overseas.

Legal Consultation Projects for Corporations:

• Provided legal consulting services on a daily basis for a Fortune 500 multinational corporation, involving contract review, legal training, data export, cross-border criminal justice assistance, and related issues, issuing legal opinion in English on relevant matters, with English as the working language.

• Provided legal consulting services on a daily basis for a bit-coin giant, including reviewing cross-border goods supply contracts, business training, tracking the latest judicial trends in the industry, with English as the working language.

• Provided daily legal consulting services for a large photovoltaic enterprise, including business training, drafting and constructing the cross-border sale of goods contract system, with English as the working language.

• Provided daily legal consulting services for a large state-owned enterprise in the nuclear industry, involving contract review, labor law consulting and so forth.

• Provided daily legal consulting services for a leading domestic insurance company, including issuing legal opinion on the possibility of division of shares under the circumstances that the client’s employee confronts a divorce.

• Prepared an English Legal Opinion for a leading foreign airline, mainly concerning issues related to the enforcement of the English court judgements in Chinese courts.

• Prepared an English Legal Opinion for a Japanese law firm, mainly concerning issues related to the enforcement of Korean court judgements in Chinese courts.

• Prepared an Expert Opinion under Chinese law in a case heard by U.S. California court, primarily concerning the legal validity of notarized debt instruments under Chinese law.

University of International Business and Economics Master in International Law
Georgetown University L.L.M. with International Arbitration and Dispute Resolution Certificate

PRC Lawyer’s Practicing Qualification

Chinese and English