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David J.D. Dai

David J.D. Dai
Partner

Shanghai
Tel:+86 21 6105 0517
Fax:+86 21 6105 0501

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David J.D. Dai is a partner of MWE China Law Offices based in Shanghai.  Before joining MWE China, David was the head of the international practice team in a reputable Chinese law firm in Southern China.

With more than 10 years of post qualification experience, David has represented various European and American clients in their direct investments in China in a wide range of industries and areas from manufacturing, infrastructure and energy to chemical and agriculture, including the establishment of foreign-invested enterprises in China, venture capital investment, leveraged buyouts, strategic alliances and other merger and acquisition activities.

In addition, David has a special interest in international commercial arbitration and has represented various clients in arbitrations at the International Chamber of Commerce International Arbitration Court, Singapore International Arbitration Center, Hong Kong International Arbitration Center, China International Economic and Trade Arbitration Commission and other local Chinese arbitration commissions.

Representative Transactions

  • Successfully assisted several private equity funds and strategic investors in their acquisition of Chinese enterprises in various business lines, including on legal structure design, legal due diligence, and negotiations and drafting of definitive agreements and he advised on various issues including compliance and dispute resolution clauses
  • Successfully assisted an American client in handling a multi-million RMB administrative penalty proposed by the State Administration of Foreign Exchange by providing full legal service including in-depth risk analysis, formulating a legal strategy to deal with SAFE, drafting communication and correspondence with SAFE, attending the hearing held by SAFE, and negotiating final resolution of the matter with SAFE
  • Successfully assisted an American client in winning an interim award regarding jurisdiction and a partial award on the key disputed issue without discovery in a multi-million dollar disputes between our client and its Chinese partners under a share-purchase agreement at the Hong Kong International Arbitration Center, which led to settlement under favorable conditions for our client
  • Successfully assisted a local IT client in obtaining venture capital financing from a reputable technology fund by issuing its series-B preferred shares
  • Successfully assisted a wholly foreign-owned enterprise in a multi-billion RMB syndicated bank loan, including arrangements of real estate mortgage, equity pledge and shareholders support arrangements
  • Successfully assisted a Chinese client in project financing of a multi-million dollar loan from a German financial institution, including negotiation on terms of the loan agreement, corporate guarantees, mortgage agreements, sponsors’ support agreements and perfection of these agreements
  • Successfully assisted a multinational company in IP due diligence work in relation to a multi-billion dollar asset acquisition and establishment of a joint venture in China
  • Successfully assisted a multinational company in the asset acquisition of a state-owned enterprise in China, including legal IP due diligence, reviewing and revising joint venture contracts and master assets acquisition contracts
  • Successfully represented a Chinese buyer in a multi-million dollar claim under a contract of sale against a German supplier at the ICC International Arbitration Court
  • Successfully defended a Chinese buyer in an international sale of goods contract dispute against claims from a Swiss seller at the ICC International Arbitration Court
  • Successfully represented a Hong Kong-based client in a multi-million dollar claim against a joint venture in mainland China at the China International Economic and Trade Arbitration Commission, including obtaining a pre-action freeze order and enforcement of the arbitral award at the People’s Intermediary Court
Education
  • Xiamen University, B.A.
  • Xiamen University, LLM.
  • SOAS, University of London (Lord Chancellor Scholarship for Young Chinese Lawyers)
Languages
  • English
  • Mandarin