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Guest Speaker – Cheryl Yu

Cheryl Yu
Counsel Senior Registered Foreign Lawyer (PRC)
ReedSmith

Cheryl is a Counsel (registered foreign lawyer) of the Litigation team and has extensive experience in litigation and arbitration relating to international trade, commercial transactions, banking and letter of credit, transportation, shipping, ship finance and cross-border investments.

She regularly represents clients in London, Hong Kong and Singapore arbitrations administered by ad hoc or institutional rules (such as LMAA/ HKIAC/CIETAC HK/SIAC/FOSFA/ICA rules).  She has vast experience in disputes with cross-border elements and parallel proceedings.

As a registered PRC lawyer, Cheryl has extensive experience in procedural matters, including jurisdictional challenges, applications for interim measures in foreign-related cases and applications for recognition and enforcement of  foreign judgments and arbitral awards at PRC courts. She has also advised clients on many other matters including bankruptcy and reorganization of enterprises, enforceability of e-commerce contracts, disputes over exclusive trade agreements and the like.

She also has considerable experience in transactional and compliance matters.

Employment History

2010-2013 Associate, Wikborg, Rein & Co. (Shanghai)
2013-2014 Associate, Reed Smith Richards Butler
2014-2016 Registered Foreign lawyer, Reed Smith Richards Butler
2016-2017 Senior Registered Foreign lawyer, Reed Smith Richards Butler
2018.1 – 2018.8 Senior Claim Executive, The Swedish Club (Hong Kong)
2018.9 – 2019.12 Senior Registered Foreign lawyer, Reed Smith Richards Butler
2020.1 Counsel (registered foreign lawyer)

Publications

  • December 2012 “A Legal Analysis of the Provisions of Volume Contract under Rotterdam Rules” Volume 7 No.4, Frontiers of Law in China, Co-Author: Tiansheng Li
  • 1 October 2014 “Taxing Times for International Shippers Operating in the PRC”
    Reed Smith Client Alerts; Co-Authors: Alexander Brandt, Lianjun Li, Nick J. Shaw, Sally-Ann S. Underhill
  • 9 December 2015 “The Chinese Shipping Industry Opens Up” China Law & Practice, Co-Author: Lianjun Li
  • 28 January 2019 “The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region – Impact on the Enforcement of Mainland’s Judgments on Maritime and Admiralty Matters in Hong Kong”, Reed Smith Client Alerts, Co-Author: Lianjun Li
  • 27 September 2019 “The IMO 2020 Sulfur Regulation: Current Practice & Potential Bunker Disputes in the People’s Republic of China”, Bunkering Compendium of The American Club, Co-Author: Lianjun Li
  • 26 November 2019 “Global Guide to International Arbitration (second edition)”, Reed Smith Client Alerts, co-author for the Chapter of China
  • 3 February 2020 “New provisions of Supreme People’s Court on Evidence in Civil Procedures of the People’s Republic of China” , Reed Smith Client Alerts, Co-Author: Lianjun Li, Miao Li
  • 5 February 2020 “Shipping alert – Novel Coronavirus and Seafarers for HK flagged vessels”, Reed Smith Client Alerts, Co-Author: Lianjun Li, Asha Sharma, Peter Glover, Janice Dao, Min Li, Jason Toms, Steve Tam, Donald Sham
  • 10 July 2020, “COVID-19: Recent Legal Responses and the Application of Force Majeure and Change of Circumstances in the PRC”, Hong Kong Lawyer, Co-Author: Lianjun Li, Peter Glover
  • 4 September 2020, “The Hong Kong Autonomy Act, the intended termination of the reciprocal tax agreement, and the impact on Hong Kong shipowners”, Reed Smith Client Alerts, Co- Author: Leigh T. Hansson, Lianjun Li, Peter Glover, Angelo Ciavarella, Alexander Brandt, Eli Rymland-Kelly, Albert D. Farr, Miao Li, Arthur Lam, Leah Lei
  • 29 September 2020, “Crude and Water – Some practical and legal issues”, Co-Author: Lianjun Li, Peter Glover, Dan Perera
  • 19 January 2021, “China issues “Rules on counteracting unjustified extra-territorial application of foreign legislation and other measures”, Reed Smith Client Alerts, Co- Author: Lianjun Li, Eric Lin, Min Li, Donald Sham, Clara Fung, Humphrey Wong, Leah Lei

Professional and Community Affiliations

  • Member of Shanghai Bar Association
  • Member of China Maritime Law Association
  • Member of the Law Society of Hong Kong
  • Member of the Hong Kong Institute of Arbitrators
  • Member of the Hong Kong Maritime Arbitration Group
  • Associate Member of the Chartered Institute of Arbitrators
  • Supporting Member of London Maritime Arbitrators Association

Selected Experience

  • Advising and conducting arbitrations in various jurisdictions including Hong Kong, England, P.R. China and Singapore;
  • Acting on behalf of clients in transnational litigation in England, P.R. China, US, South Africa, South Korea, Japan, Panama, Hong Kong etc.;
  • Acting on behalf of clients to apply for property preservation and other interim measures for oversea litigations or arbitrations in PRC courts; and apply for recognition and enforcement of foreign arbitration awards and court judgments in PRC courts;
  • Acting for a state-owned company against various major cotton sellers for disputes arising out of alleged contracts of sale forged by the employees in ICA arbitration (matter value exceeds USD 10 million approximately);
  • Acting for a state-owned company in defending a CIETAC HK arbitration commenced by a Hong Kong company for disputes regarding a commodity sale and purchase agreement, which involves complex agency, letter of credit and local customs issues under Hong Kong and PRC laws;
  • Acting for an American multinational pharmaceutical company in respect of claims for the breaches of representations and warranties under a share purchase agreement in a HKIAC arbitration (matter value exceeds USD 15 million approximately);
  • Acting for a state-owned logistics company in a single arbitration under multiple contracts at the HKIAC for a claim exceeding USD 8 million;
  • Acting for a Singapore trading company in respect of a commodity sale and purchase dispute against a mainland PRC company in a HKIAC arbitration, and successfully applied for the property preservation in PRC courts;
  • Acting for a Hong Kong listed company for disputes regarding the crew social insurance payments in a long running Hong Kong ad hoc arbitration against a crew manning agency;
  • Acting for the Charterers and Insurer to defend Owner’s claim for General Average contributions in a LMAA arbitration; and represented the Charterers to counterclaim for the loss and damages suffered as a result of the transhipment after grounding;
  • Assisting in the registration and enforcement of mainland PRC judgments in Hong Kong (Unreported: Rao Zhongxiang v. Li Yan Cheung & Anor. HCMP 928, 930, 931/2017);
  • Acting for a major state-owned company as buyers against another major state-owned company for disputes in a massive claim of over USD 100 million regarding alleged fraudulent sale and purchase of naphtha, subject to Singapore arbitration and a pending investigation from the CSRC of Anhui province and Hong Kong SFC;
  • Advising a PRC state-owned mining enterprise and its subsidiary in a claim against the other shareholder of a joint venture company for repayment of a substantial loan of over USD 300 million and in defending unfair prejudice and mismanagement allegations in arbitration proceedings;
  • Advising various offshore syndicated lenders in advising their rights and risks under a series of multimillion dollar onshore and offshore structured term-loan facilities and security documents following various events of default, including the syndicate’s right to commence arbitration in Hong Kong at the HKIAC and apply for interim measures in PRC in aid of HK arbitration
  • Advising on e-commerce contracts under the PRC law, involving the validity and procedures of signing contracts on e-commerce platforms;
  • Advising on anti-dumping under PRC law, including anti-dumping identification and measures.

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