Peng Shen is a special counsel in Baker McKenzie's Beijing office. Before joining the Firm in October 2010, he worked as a senior associate in one of the largest China-based law firms. He also served as a judge at a Beijing court, worked for the Docketing Division and No. 2 Civil Division, and served as the secretary of the court’s judicial committee. Mr. Shen is seasoned in PRC contract law, and an experienced litigator and skilled investigator.
Mr. Shen’s practice focuses on US Foreign Corrupt Practices Act (FCPA) investigations, compliance, commercial litigation and international arbitration matters.
Representative Legal Matters
- Advising a global PR company in its FCPA investigation in China, which is connected to PRC authorities' anti-bribery investigation against China Central Television (CCTV), a major Chinese media outlet.
- Representing a top global semiconductor manufacturer in its unfair competition lawsuit against a major competitor before the Supreme People’s Court of China. The damages claimed were more than RMB200 million.
- Advising one of the big four accounting firms in the Chinese Securities Regulatory Commission investigation regarding the firm’s alleged fraudulent misrepresentation in the annual report prepared for its A-share listed client.
- Representing a US fund in a China International Economic and Trade Arbitration Commission (CIETAC) arbitration proceeding against a leading Chinese housing development company, in relation to a dispute over the holdback of RMB310 million under a share purchase agreement. CIETAC issued an award in favor of the US fund.
- Representing a European client in its action to enforce an ICC award made in Paris against a state-owned enterprise in Shandong Province. The ICC award was made based on a joint venture dispute and it awarded the foreign client RMB130 million.
- Acting for a leading Chinese land evaluation firm in its debt collecting process worth RMB160 million against the largest commercial bank in China before CIETAC.
- Representing a Hong Kong-listed company in its post-M&A dispute against a top household appliance retail company in China regarding the acquisition before CIETAC.
- Advising a local government branch of Nanjing City in its arbitration against a real estate company before CIETAC.
- Acting for a French luxury brand before Beijing No. 2 Intermediate Court in its action against a Chinese company which provided assistance in the sale of infringing products. This is the first case in China in which the court held that the party which provided assistance for sales of infringing products was legally responsible.
- Representing a major global telecommunications company against a Chinese company to collect more than RMB150 million in outstanding debts in Shanghai, China.
- New York~United States (2010)
- China (2001)
- Boston University (Master of Laws LL.M.) (2009)
- Peking University (Master of Laws) (2006)
- China University of Political Science & Law (Master of Laws LL.M.) (2000)
Author, "How to Beat Fraud Claims in China," China Law & Practice, July 2014
Author, "Dispute Resolution in China," 2012
Author, "Reform on the Pre-hearing Evidence Disclosure," Beijing Trial, 2002
Author, "Several Issues of Judicial Assistance," Beijing Trial, 2002