Brian Lin is a member of our Litigation, Insolvency and Restructuring team in the Shanghai office. He specialises in the resolution of general commercial contract disputes, international trade disputes and shareholder disputes. Brian advises on a range of cross-border dispute resolution matters, including litigation, arbitration and mediation involving BVI and Cayman Islands law. These matters often involve simultaneous proceedings across multiple jurisdictions and applications for interim relief such as anti-suit injunctions, freezing orders and orders for disclosure.
Prior to joining us, Brian acted as tribunal secretary and counsel in international arbitrations seated across the Asia-Pacific region, administered by arbitral institutions such as the Hong Kong International Arbitration Centre, the Singapore International Arbitration Centre and the International Chamber of Commerce as well as in ad hoc arbitrations governed by the UNCITRAL Arbitration Rules. He has also represented clients before tribunals in China International Economic and Trade Arbitration Centre arbitrations.
Brian started his career in Hong Kong as tribunal secretary and assistant to Mr Gavin Denton, the founder and Head of Chambers of Arbitration Chambers, before joining the international disputes group of an international law firm. He later joined the leading international disputes practice at Fangda Partners in Beijing where he represented domestic and international companies in international arbitrations as well as foreign-related domestic arbitrations and assisted on other advisory matters.
Brian’s experience includes:
- Advising an individual client in relation to a suite of litigations in the PRC and the BVI involving parallel proceedings and numerous interim applications in the BVI, including applications for an anti-suit injunction order, an order for the variation of an injunction and a committal order.
- Advising an individual client in negotiations for the payment of carried interest involving a PRC litigation proceeding as well as a winding-up petition and an application for a disclosure order in the Cayman Islands.
- Representing a leading American multinational technology company in HKIAC arbitration proceedings seated in Beijing involving the determination of standard-essential patent licensing fees in the context of the Fair Reasonable and Non-Discriminatory obligation under PRC law.
- Representing a Sino-Japanese joint venture company engaged in the manufacture of specialised carbon products in a CIETAC arbitration against a listed US company in a US$ 40 million dispute arising out of a series of long-term cooperation agreements.
- Representing the Chinese subsidiary of a Chinese SOE engaged in hydrocarbon exploration operations against an Egyptian counterparty in an SIAC and an ad hoc arbitration (both seated in Singapore) in a dispute arising out of several related agency agreements.
- Representing one of the largest Chinese multinational home appliances companies in expedited JAMS arbitration proceedings seated in Dallas governed by Texas law and obtaining a favourable settlement on the eve of the taking of depositions of the client’s witnesses.