Yi Dai

Partner

Shanghai

+86 21 5203 0688

yi.dai@dahuilawyers.com

Professional Highlights

Almost 15 years practicing, and over 80 reported court cases, in international shipping- and trade-related dispute resolution

Frequent contributor to Chambers, Legal 500 and other industry and practice guides for shipping law in China

Clients describe Yi as approachable, responsible, quick and capable of handling the most difficult cases

Biography

Yi is a Partner in DaHui Lawyers’ litigation, arbitration and crisis management practice groups. Over the years, by focusing on complex commercial dispute resolution, Yi has accumulated extensive experience in commercial arbitration and litigation involving foreign interests and is especially adept at cross-border disputes and enforcement of foreign arbitral awards.

Yi represents shipping, commodities, energy and other clients in both domestic and foreign litigation and arbitration proceedings under a variety of jurisdictions as well as laws and rules, including disputes arising out of large-scale shipping and maritime matters, international sales of goods, recognition and enforcement of arbitral awards, etc. He is also frequently consulted by banks and financial leasing companies for asset (ship) finance, mortgage enforcement and similar matters. Yi is a native Mandarin speaker and is fluent in English.

Prior to joining DaHui, Yi worked with major international, Singapore and PRC law firms for more than 13 years.

Notable Representations

Maritime Disputes and Litigation

  • Represented a major container carrier to lift the arrest of a 12,000+ TEU container vessel. The matter was successfully mediated in the maritime court.
  • Represented the ship interests of the Panamanian-flagged M/V Frontier Voyager (“FV”) in the trial proceedings before Shanghai Maritime Court. This matter resolved the liability apportionment of ship collision between FV and the PRC-flagged M/V Hai Hong Da at Chang Jiang Kou. The hearing process was live online, and the client was satisfied with the result.
  • Represented the NCC and UACC ship interests to handle Saudi Arabian MEG color off-spec disputes. The matters involved three chemical vessels managed by Middle East shipowners. Tens of PRC domestic cargo claimants commenced legal proceedings before the Ningbo and Wuhan Maritime Courts. PRC and foreign cargo experts were retained to analyze the cause of off-specification and damage quantum. All claims were successfully settled.
  • Represented the M/V Toba ship interests to handle U.S. DDGS cargo damage claims. A PRC oil and grain expert was retained to analyze the cause of alleged cargo damage. U.S. counsel were also involved in collecting evidence at the load port. The Supreme People’s Court found the lower courts’ decision unconvincing and decided to re-try this matter. The re-trial proceeding is on-going.
  • Represented the NVOCC of M/V Leo Authority to seek recourse for losses arising from cargo delivery without presentation of original bills of lading. After the Guangzhou Maritime Court rendered the first-instance judgment, the appeal before the Guangdong Higher People’s Court was successful and the appeal decision was maintained by the Supreme People’s Court in its re-trial decision.

Onshore and Offshore Arbitration

  • Represented a Swiss fertilizer trader in an English language CIETAC arbitration. The total claim and counter-claim figures reached USD 12 million. Successfully obtained Emergency Arbitrator’s Decision.
  • Represented a Swiss chemical trader in an English language CIETAC arbitration. The amount under dispute was USD 2.2 million.
  • Represented a Swiss commodity trading house in an English language CIETAC arbitration. The amount under dispute was USD 2.3 million. The governing law was English law.
  • Represented a world-famous cruise company in a CMAC arbitration. The amount under dispute was CNY 18 million.
  • Represented a Singapore shipowner in an LMAA arbitration. The claim arose from time charter party disputes with a PRC charterer. The governing law was English law.
  • Acted as PRC law expert in an LME arbitration and was cross-examined during the hearing. The legal opinion was eventually admitted by the tribunal.

Recognition and Enforcement of Arbitral Awards

  • Represented an Australian and a Singapore grain trader in their respective enforcement of England-seated arbitral awards made under the GAFTA rules in Shijiazhuang and Zhanjiang.
  • Represented a Singapore and a Swiss commodity trader in their respective enforcement of England-seated arbitral awards made under the FOSFA rules in Rizhao, Bengbu, Xing An Meng and Ji Nan. The Ji Nan matter is on-going.
  • Represented a Swiss cotton trader in its enforcement of an England-seated arbitral award made under the ICA rules in the PRC. This matter is on-going.
  • Represented a French bank’s Singapore branch in its enforcement of a Singapore-seated arbitral award made under the SIAC rules in the PRC. This matter is on-going.
  • Represented a Ukraine grain and oil trader in its enforcement of an England-seated arbitral award made under the LCIA rules in the PRC. This matter is on-going.

Education

LL.M. (University of Birmingham)

LL.B. (East China University of Political Science and Law)

Admissions

PRC Bar

Languages

Chinese

English

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